Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 95) sur la protection du salaire, 1949 - Comores (Ratification: 1978)

Autre commentaire sur C095

Observation

Demande directe

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Articles 8, 10 and 11(3) of the Convention. Deductions from wages, assignment and attachment of wages and protection of claims in respect of earnings in the event of bankruptcy. For many years, the Committee has been drawing the Government’s attention to the need to adopt the Ordinances provided for under sections 108 and 113 of the Labour Code, with a view to fixing the portions of wages subject to progressive deduction and the fraction of wages which may not be attached and which has certain priority as a privileged debt in the event of the employer’s bankruptcy. In its report, the Government states that a draft ordinance will be submitted in the near future to the Higher Council for Labour and Employment (CSTE). Recalling the need to provide for appropriate regulations to ensure that workers’ incomes should not be reduced to an extent that exceeds what is socially acceptable, the Committee urges the Government to rapidly take the necessary measures to give full effect to Articles 8, 10 and 11(3) of the Convention and to keep the Office informed of progress made in this respect.

Article 14(b). Issuing of payslips. The Committee notes that, according to the Government, the draft ordinance establishing the composition of the payslip will be submitted to the CSTE at its next session. The Committee trusts that the Government will be able in the very near future to provide specific information on the finalization of this text and asks it to provide a copy as soon as it has been adopted. Furthermore, the Committee requests the Government to keep the Office informed of any progress made concerning the adoption of the draft Act revising the Labour Code, upon which the Office has already made technical comments and which should soon be submitted to the National Assembly.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the application of the Convention by submitting, for example, extracts from official reports of the labour inspection services containing information on the number and nature of infringements reported, copies of official surveys related to wage protection, information on difficulties encountered in implementing the Convention, or any other information that might allow the Committee to assess the way in which the Convention is applied in practice.