Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 95) sur la protection du salaire, 1949 - Afghanistan (Ratification: 1957)

Autre commentaire sur C095

Observation

1989

Demande directe

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Article 3 of the Convention. Payment in legal tender. With regard to its previous request to the Government to take appropriate legislative, administrative or other measures to ensure full conformity with Article 3, the Committee notes the Government’s indication in its report that the Labour Code revision committee will review the definition of “wages” and define it as an “amount payable in legal tender”. The Committee hopes that the revision of the Labour Code will bring it into conformity with the requirements that wages payable in money be paid only in legal tender, and that payment in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender be prohibited. It requests the Government to provide information in this regard.

Article 4. Partial payment in kind. The Committee observes that the information provided by the Government does not reply to the Committee’s previous request in this regard. It recalls that Article 4 provides that in cases in which partial payment of wages in the form of allowances in kind is authorized, appropriate measures shall be taken to ensure that: (a) such allowances are appropriate for the personal use and benefit of the worker and his or her family; and (b) the value attributed to such allowances is fair and reasonable. The Committee requests the Government to indicate whether payments in kind are customary in certain industries or occupations and, if so, how it ensures that such payments meet the requirements of Article 4 of the Convention.

Article 6. Freedom of workers to dispose of their wages. The Committee previously requested the Government to take appropriate measures to ensure full conformity with Article 6. It notes that the Government’s report is silent on this matter. The Committee therefore once again requests the Government to take the necessary measures, in particular in the context of the current labour law reform, to ensure that employers are prohibited from limiting in any manner the freedom of the worker to dispose of his or her wages, in accordance with Article 6. It requests the Government to provide information in this regard.

Article 7. Works stores. The Committee notes that the Government’s indication that there is no prohibition on workers to use stores selling commodities to them does not answer its previous request on measures to ensure full conformity with Article 7. The Committee therefore once again requests the Government to take the necessary measures to ensure full conformity with the requirements of Article 7, namely that: (i) workers shall be free from any coercion to make use of works stores; and (ii) where access to other stores or services is not possible, the competent authority shall take appropriate measures to ensure that goods are sold and services provided at fair and reasonable prices, or that stores established and services operated by the employer are not operated for the purpose of securing a profit but for the benefit of the workers concerned. It requests the Government to provide information in this regard.

Articles 8 and 10. Deductions from wages. Attachments and assignments of wages. The Committee observes that the Labour Code does not regulate deductions of wages other than compensation for damages (section 74) and disciplinary fines (section 95), and is silent on the issue of assignments and attachments. The Committee requests the Government to provide information on any deductions from wages permitted by national legislation, regulations or collective agreements, other than those specified in sections 74 and 95 of the Labour Code. It also requests the Government to indicate how it ensures that workers are informed, in the manner deemed most appropriate by the competent authority, of the conditions under which and the extent to which deductions of wages may be made, in accordance with Article 8(2). In addition, it once again requests the Government to take the necessary measures to ensure that wages may be attached or assigned only in a manner and within limits prescribed by national laws or regulations, and that wages are protected against attachment or assignment to the extent deemed necessary for the maintenance of workers and their families, in accordance with Article 10, and to provide information in this regard.

Article 9. Prohibition of employment fees to be deducted from wages. The Committee notes that section 151 of the Labour Code allows for the establishment of private employment agencies. It recalls that Article 9 provides that any deduction from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment, made by a worker to an employer or his or her representative or to private employment agencies or any other intermediary, shall be prohibited. The Committee requests the Government to provide information on how effect is given to this provision.

Article 11. Protection of workers’ claims in the event of bankruptcy or judicial liquidation. The Committee notes the Government’s indication that the Labour Code revision committee will consider revising section 71(2) of the Labour Code to ensure conformity with Article 11. The Committee notes however that section 71(2) does not address the requirements under that Article which provides that: (i) in the event of bankruptcy or judicial liquidation of an undertaking, the workers employed therein shall be treated as privileged creditors as regards wages; (ii) wages constituting a privileged debt shall be paid in full before ordinary creditors may establish any claim to a share of the assets; and (iii) the relative priority of wages constituting a privileged debt and other privileged debts shall be determined by national laws or regulations. The Committee hopes that the revision of the Labour Code will bring it into conformity with the requirements of Article 11 and requests the Government to provide information in this regard.

Article 13(1). Place and time of payment in cash. The Committee notes that the information provided by the Government does not reply to the Committee’s previous request in this regard. The Committee therefore once again requests the Government to take the necessary measures, in particular in the context of the current labour law reform, to ensure that the payment of wages in cash be made on working days only and at or near the workplace, except as may be otherwise provided by national laws or regulations, collective agreement or arbitration award, or where other arrangements known to the workers concerned are considered more appropriate. It requests the Government to provide information in this regard.

Article 14(b). Wage statements. The Committee previously requested the Government to take appropriate measures to ensure full conformity with Article 14(b). It notes that the Government’s report is silent on this matter. The Committee therefore once again requests the Government to take the necessary measures, in particular in the context of the current labour law reform, to ensure that workers are informed in an appropriate and easily understandable manner, at the time of each payment of wages, of the particulars of their wages for the pay period concerned, insofar as such particulars may be subject to change, as provided for in that Article. It requests the Government to provide information in this regard.

Article 15(b). Inspection. The Committee notes that section 146(1) of the Labour Code designates the Monitoring and Guidance Authority of the Ministry of Labour, Social Affairs, Martyrs and Persons with Disabilities to provide monitoring and guidance for ensuring respect of labour-related laws, and payments of wages and other allowances for employees. In addition, section 146(2) provides that issues related to labour monitoring and guidance in organizations are regulated by legislation. The Committee requests the Government to provide information on the legislation mentioned in section 146(2) of the Labour Code, and on the activities of the Monitoring and Guidance Authority, particularly concerning the respect of wage-related provisions of the Labour Code.

Article 15(c). Adequate penalties. The Committee previously requested the Government to take appropriate measures to ensure full conformity with Article 15(c). It notes that the Government’s report is silent on this matter. The Committee therefore once again requests the Government to take the necessary measures, in particular in the context of the current labour law reform, to prescribe adequate penalties or other appropriate remedies for any violation of the laws or regulations giving effect to the Convention, and to provide information in this regard.

Article 15(d). Maintenance of payroll records. The Committee previously requested the Government to take appropriate measures to ensure full conformity with Article 15(d). It notes that the Government’s report is silent on this matter. The Committee therefore once again requests the Government to take the necessary measures, in particular in the context of the current labour law reform, to ensure that national laws or regulations provide for the maintenance, in all appropriate cases, of adequate records in an approved form and manner, and to provide information in this regard.