CMNT_TITLE

The Committee notes the Government’s report, in particular the reference to the last amendments to the Protection of Employment Act and the National Insurance Act introduced in 2003 and 2005 respectively. As the revised instruments are not available in the Office, the Committee would appreciate receiving copies of these texts.

The Committee notes that the labour legislation as it now stands gives partial or no effect to several key requirements of the Convention and therefore numerous improvements would be needed before legislative conformity is attained. The Committee recalls that the Government may draw upon the technical assistance and expert advice of the Office with a view to drafting implementing legislation which would be in full conformity with the provisions of the Convention. It also recalls that the Government may seek guidance in the 2003 General Survey on protection of wages which offers a comprehensive review of national laws and practice and illustrates different ways in which legislative conformity with Convention No. 95 may be ensured.

Article 2 of the Convention. Scope of wages protection. Recalling that the Convention applies to all persons to whom wages are paid or payable, the Committee requests the Government to indicate how the application of the Convention is ensured with respect to those categories of workers who are currently excluded from the scope of instruments such as the Employers and Servants Act, the Protection of Employment Act or the Wages Councils Act.

Article 3. Payment of wages in legal tender. The Committee notes that the only provisions dealing with payment of wages in legal tender are to be found in section 13(1) of the Wages Councils Act (Cap. 155), which refers to an “amount obtained in cash by the worker from his employer” but only with respect to the statutory minimum remuneration, and section 3 of the Employers and Servants Act (Cap. 145) which applies, however, only to labourers, i.e. persons employed and remunerated by the day. The Committee therefore requests the Government to indicate whether and how it is ensured in law and practice that wages in general (and not only the minimum wage), of all categories of workers (and not only of labourers) are paid in legal tender or by bank cheque or money order, as prescribed by this Article of the Convention.

Article 4. Partial payment of wages in kind. The Committee recalls that the Convention requires a specific prohibition against the partial payment of wages in the form of alcoholic drinks or noxious drugs and that therefore the Government has to adopt an express legislative provision in order to give effect to the Convention in this regard. At the same time, the Committee notes the Government’s indication that benefits or advantages in kind in lieu of payment in cash are no longer offered in practice notwithstanding section 13(2) of the Wages Councils Act which continues to provide for such benefits. Under these circumstances, the Committee considers that the Government may wish to either take appropriate steps in order to bring the national law into line with practice by clearly prohibiting the payment of wages in kind in all cases, or bring the national legislation into line with the requirements of Article 4 of the Convention by explicitly prohibiting the payment of wages in the form of alcohol or drugs. In this connection, the Government may wish to refer for guidance to paragraphs 114–163 of the abovementioned General Survey.

Article 6. Freedom of workers to dispose of their wages. The Committee is obliged to recall that under the Convention employers must be expressly prohibited from limiting in any manner the freedom of workers to dispose of their wages, for instance by obliging workers to place part of their earnings in a works saving fund or by imposing deductions for certain purposes. It accordingly requests the Government to consider the possibility of adopting an appropriate legislative provision giving full effect to this Article of the Convention. In this connection, the Government may wish to refer for guidance to paragraphs 176–190 and 210 of the abovementioned General Survey.

Articles 8 and 9. Deductions from wages. Further to its previous comment on this point, the Committee requests the Government to provide concrete information on: (i) the overall limit, if any, for permissible deductions from wages to the extent necessary to safeguard the maintenance of the worker and his/her family; (ii) the manner in which workers are informed of the conditions under which deductions may be made; (iii) the legal provision(s) prohibiting any deduction from wages for the purpose of retaining or obtaining employment. In this connection, the Government may wish to refer for guidance to paragraphs 216–271 of the abovementioned General Survey.

Article 10. Attachment and assignment of wages. The Committee understands that the national legislation does not provide for the possibility of wages being attached or seized, that is withheld by the employer in execution of a court order in case of the worker’s indebtedness. It also understands that the assignment of wages, that is to say the voluntary arrangement whereby part of the wages are paid directly to the creditor in settlement of debts, is not regulated in national legislation either. Recalling the importance of protecting workers’ earnings from unfair or excessive deductions, the Committee considers that, should the Government decide to enact appropriate legislative provisions on the attachment and assignment of wages, the principles set out in this Article of the Convention should be fully met, namely (i) that the conditions under which, and the overall limits within which, wages may be attached or assigned must be prescribed only by national laws or regulations and not individual agreements, and (ii) that workers should in all cases retain a proportion of their wages which is sufficient to provide for the maintenance of themselves and their families. In this connection, the Government may wish to refer for guidance to paragraphs 272–297 of the abovementioned General Survey.

Article 12. Regular payment of wages and final settlement at end of contract. The Committee considers that the Employers and Servants Act, which provides for 14-day pay intervals only for labourers, and the National Insurance Act, which provides for the prompt payment only of the severance pay, give partial effect to the requirements of this Article of the Convention. It therefore asks the Government to take the necessary action to ensure that the national legislation provides for regular pay intervals for all categories of workers and also for the final settlement of all outstanding payments at the end of the employment relationship within a reasonably short period of time. In this connection, the Government may wish to refer for guidance to paragraphs 375–398 of the abovementioned General Survey.

Article 13. Time and place of wage payment. In the absence of any reply on this point, the Committee is obliged to reiterate its request for additional explanations as to how it is ensured in law and practice that wages are paid on working days only and at or near the workplace. In this connection, the Government may wish to refer for guidance to paragraphs 399–410 of the abovementioned General Survey.

Article 14. Keeping workers informed of wage conditions. The Committee notes that according to the Government, the notification of wage conditions to workers before they enter employment or when any changes take place is incorporated into human resource policies and staff orders both in the private and the public sector. It once again requests the Government to provide additional explanations in this regard, including any available documents related to those human resource policies and staff orders, In addition, the Committee requests the Government to specify how it is ensured in law and practice that workers are duly informed at the time of each payment of wages, for instance by means of an itemized wage statement, of such wage particulars as the gross and net amount of wages, and the amount and reasons for any wage deductions. In this connection, the Government may wish to refer for guidance to paragraphs 414–448 of the abovementioned General Survey.

Part V of the report form. The Committee requests the Government to provide in its next report all available information on the practical application of the Convention, including for instance statistics on the number of workers covered by relevant legislation, extracts from labour inspection reports showing the number of wage-related offences observed and penalties imposed, copies of collective agreements containing clauses on pay conditions, etc.