CMNT_TITLE

Protection of Wages Convention, 1949 (No. 95) - Central African Republic (RATIFICATION: 1960)

Other comments on C095

Observation

Direct Request

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Article 2 of the Convention. Application to public employees. The Committee recalls that the Convention applies to all persons to whom wages are paid or payable. The Committee notes that the Labour Code does apply to public employees, whose remuneration is regulated by Act No. 09.014 of 10 August 2009 issuing the General Conditions of Service of the Central African Public Service. It notes that the Government refers in its report to Decree No. 00.172 of 10 July 2000 establishing the implementing regulations of the previous Act (1999) issuing the General Conditions of Service of the Public Service. The Committee requests the Government to confirm whether this Decree is still in force and to provide it with a copy.

Article 4. Partial payment of wages in the form of allowances. The Committee notes that section 226 of the Labour Code provides that the Minister in charge of labour, in consultation with the Standing National Labour Council, shall adopt regulations governing the provision of allowances to workers. It also notes that section 230 of the Code envisages that remuneration for a job paid by the task or at a piece rate may consist entirely of grants and benefits. Given that, in the context of the application of section 230, benefits may be provided in the form of allowances, the Committee requests the Government to indicate how it ensures that only part, and not all, of the remuneration can be provided in this manner, in accordance with the provisions of Article 4(1) of the Convention. The Committee also requests the Government to indicate whether the regulations provided for in section 226 have been issued and, if so, to provide it with a copy.

Article 6. Freedom of the worker to dispose of his wages. The Committee notes that the Labour Code does not prohibit employers from limiting in any manner the freedom of the worker to dispose of his wages. It nevertheless notes the Government’s indication that the law contains such a prohibition. The Committee therefore requests the Government to indicate which legislative provisions prohibit employers from limiting in any manner the freedom of the worker to dispose of his wages, as set forth in Article 6 of the Convention.

Articles 8 and 10. Deductions, assignments and attachments. With regard to deductions from wages within the meaning of Article 8 of the Convention, the Committee notes that, under section 241 of the Labour Code, three types of deductions are permitted corresponding to compulsory deductions, reimbursements of certain agreed attachments and deposits prescribed by collective agreements and contracts. As to the assignments and attachments within the meaning of Article 10 of the Convention, the Committee notes that they are permitted under section 241 of the Labour Code and that section 1 of Decree No. 68-028-PG to which the Government refers establishes the portions of wages that may be attached or assigned, but does not establish a limit for deductions. The Committee requests the Government to take the necessary steps to ensure that limits are established, in accordance with Article 8 of the Convention, on the deductions envisaged in section 241 of the Labour Code. Moreover, emphasizing that Decree No. 68 028 PG was adopted in 1968, the Committee requests the Government to take the necessary measures to revise the limits for attachments and assignments established by this Decree so as to ensure that these limits are still appropriate for the maintenance of workers and their families, as prescribed in Article 10 of the Convention.