Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 95) sur la protection du salaire, 1949 - Yémen (Ratification: 1969)

Autre commentaire sur C095

Demande directe

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Article 2 of the Convention. Scope of application. In reply to its previous comment, the Committee notes the Government’s indication that the draft labour Code was submitted to the Council of Ministers after its review by the Ministry of Legal Affairs, and that it will be subsequently submitted to the House of Representatives. The Government points out that the only exemption provided for in the previous text of the Labour Code will remain in the new draft Labour Code and the Government will endeavour to ensure that this Law will include all workers, in particular with regard to the issue of covering the protection of wages. Recalling that the Committee has been commenting on the need to extend the scope of application of the Labour Code of 1995 in order to cover agricultural workers, the Committee hopes that the draft Labour Code will be finalized shortly and that it will contain appropriate provisions in this regard. It requests the Government to transmit a copy of the new text as soon as it is adopted.

Article 4. Partial payment of wages in kind. With reference to its previous comment, the Committee notes the Government’s indication that payment of wages in kind is practically non-existent, and have to be with the workers’ consent. However, it indicates that there are special allowances for mobility, residence and representation regulated by collective agreements and individual contracts. The Government further indicates that there is no legal text which imposes on workers to accept payment in kind. While noting the Government’s indication that partial payment of wages in kind is authorized only with the worker’s consent, and while recalling that according to this Article of the Convention permissible allowances in kind are only those authorized by national laws and regulations, collective agreements or arbitral awards but not individual agreements, the Committee considers that the prior approval of the Ministry of Labour under sections 68 and 70 of the Labour Code sufficiently guarantees the protection of workers against possible abuse. However, the Committee is of the view that there might be a need to safeguard not only that the Ministry of Labour verifies that the provision of proposed allowances in kind is for the benefit of the worker but also that the allowances in question are fairly and reasonably priced (for instance at cost price, market value, or a rate fixed by law). The Committee therefore suggests that the Government should consider the possibility of amending the above provisions accordingly. More generally, the Committee observes that Article 4 of the Convention is not self-executing but requires specific measures by the competent authorities for its implementation, even though payment of wages in kind hardly exists in Yemen. For example, the Government may adopt provisions enumerating the authorized payments in kind, such as board and lodging, clothing, use of land or free medical treatment. In this connection, the Committee draws the Government’s attention to paragraphs 144–160 of the 2003 General Survey on the protection of wages, which provide guidance as to the manner in which legislative conformity may be achieved with the provisions of this Article of the Convention. The Committee accordingly requests the Government to take the necessary measures to ensure the effective implementation of this Article of the Convention.

Article 8. Deductions. The Committee notes that the Government’s report does not address its previous comment, which had drawn the Government’s attention to section 63 of the Labour Code, pursuant to which deductions from wages due are prohibited when not established by a final court ruling, unless the employer and worker have arranged otherwise. In this connection, it recalls that Article 8 of the Convention provides that deductions from wages shall be permitted only under conditions and to the extent prescribed by national laws or regulations, collective agreement or arbitration award, and that workers shall be informed of the conditions and the extent of such deductions. The Committee is therefore obliged to request the Government once again to take the necessary measures to ensure that deductions from wages are only permitted under the conditions and to the extent prescribed by one of the three methods prescribed under this Article of the Convention and that workers are informed in this respect.

Article 9. Payment for the purpose of obtaining or retaining employment. The Committee notes that the Government’s report is silent on the issue concerning the lack of legislative provisions preventing the existence of practices by which workers are required to make direct or indirect payments to an employer, his representative or a labour contractor or recruiter for the purpose of obtaining or retaining employment. The Committee once again asks the Government to take the necessary measures to ensure compliance with the Convention in this respect.

Article 10. Attachment of wages. The Committee notes that the Government’s reply is not relevant to its previous comment. In this connection, the Convention requires that attachment or assignment should be kept within such limits as to ensure a decent standard of living for workers and their families, although the precise conditions and limits are left to the national authorities. In its General Survey of 2003 on protection of wages, the Committee indicated that the attachment of wages is “a particular form of deduction made by virtue of a judicial decision” (paragraph 223), and that the assignment of wages is an arrangement under which “workers may choose to agree with the competent judicial or administrative authority [that] part of the wages are paid directly to the creditor in settlement of the debts” (paragraph 272). Therefore, the Committee once again requests the Government to indicate whether any provision exists in the national laws or regulations for the assignment of wages and, if so, to specify the conditions under which, and the limits within which, such assignment may be made.