Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 95) sur la protection du salaire, 1949 - Guinée (Ratification: 1959)

Autre commentaire sur C095

Observation

Demande directe

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Articles 6, 7 and 12 of the Convention. Freedom of workers to dispose of their wages. Works stores. Payment of wages at regular intervals. The Committee notes with interest that the Labour Code is currently being revised by the National Advisory Committee on Labour and Labour Law (CCTLS). The Committee understands that the draft new Labour Code was transmitted to the Office in July 2012 and that the Office has already sent its technical comments. In its last report, the Government referred in particular to section 242.1 of the draft Code, which for the first time contains a provision which in clear terms expressly prohibits employers from limiting the freedom of workers to dispose of their wages. The Committee observes that the incorporation of this provision appears to ensure the consistency of the legislation with Article 6 of the Convention, in accordance with the recommendations it has been making for many years. The Government also refers to section 244.2 of the draft Code which regulates works stores more strictly by following closely the provisions of Article 7 of the Convention. The Committee further notes section 242.4 of the draft Code, which introduces a requirement to pay wages at regular intervals of not more than 30 days for workers paid monthly, and section 242.6, specifying the information to be given on payslips. Noting these positive developments, the Committee hopes that the Government will finalize the draft Code very shortly, and asks it to provide a copy of the new Labour Code as soon as it has been adopted.

Articles 8 and 10. Wage deductions and attachment. The Committee recalls that it has several times pointed out that deductions from wages may be imposed only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award. Consequently, contrary to what the draft Code, currently under examination by the CCTLS, states in section 243.2, they may not be authorized by an employment contract. Furthermore, the Committee is of the view that it would be appropriate to set an upper limit for the part of the wage that may be assigned, as prescribed by Article 10 of the Convention. The Committee requests the Government to take the necessary steps to ensure that the legislation is fully consistent with the Convention on this matter.