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

Convention (n° 95) sur la protection du salaire, 1949 - France (Ratification: 1952)

Autre commentaire sur C095

Observation

Demande directe

2012
2007
2001
2000
1995

Réponses reçues aux questions soulevées dans une demande directe qui ne donnent pas lieu à d’autres commentaires

2019

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Article 10 of the Convention. Attachment of wages. The Committee notes the adoption of Act No. 2008-1249 of 1 December 2008 on generalization of the active solidarity income and reform of inclusion policies, which introduced a new benefit, the active solidarity income (RSA). It notes that the RSA replaces two old social thresholds, including the minimum insertion income (RMI), and that its amount depends on the family composition and other resources of the household. It also notes that following the amendment of section L3252-3 of the Labour Code by Ordinance No. 2011-1895 of 19 December 2011, the part of the wages that may not be subject to attachment is from now on a standard figure irrespective of the number of family members in the worker’s household and amounts to the RSA for a single person. The Committee requests the Government to provide information on the manner in which the legislation currently in force implements Article 10(2) of the Convention, which provides that wages must be protected against attachment or assignment to the extent necessary for the maintenance of the worker and his/her family.

Part V of the report form. Practical application. The Committee notes the information provided by the Government concerning the number of labour inspection reports drawn up in the period 2007–10 regarding criminal offenses related to wages, the number of offenses which have been referred to police courts and Justices of the Peace, and the number of infringements of the legislation on the protection of wages. It requests the Government to continue providing information on the manner in which the Convention is applied in practice, similar to those contained in its latest report. The Government is also requested to transmit a copy of any decision rendered by French courts that would address questions of principle relating to the implementation of the Convention.