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Protection of Wages Convention, 1949 (No. 95) - Sierra Leone (RATIFICATION: 1961)

Other comments on C095

Observation

Direct Request

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Legislative developments. The Committee notes with interest the adoption of the Employment Act, No. 15 of 2023 which repeals and replaces the Employers and Employed Act, as amended by Amendment Act. No. 23 of 1962. It is noted that at the same time the Regulation of Wages and Industrial Relations Act, No. 3 of 1971 remains in force. Furthermore, the Government indicates in its report that it adopted the Wages and Compensation Commission Act, No. 36 of 2023, which provides for the establishment of a Wages and Compensation Commission aiming to address disparities in pay and remuneration in the public sector of Sierra Leone and streamline the pensions system in the public services. Moreover, the Committee notes that the draft Employment Regulations and a Worker’s Compensation Bill are currently being debated. The Committee requests the Government to provide information on the adoption of the Employment Regulations and the Worker’s Compensation Bill and to transmit a copy of any newly adopted legislation relevant to the application of the Convention.

Articles 6 and 13 of the Convention. Freedom of workers to dispose of their wages. Place and time of payment. Prohibition of payment in taverns and the sort. The Committee notes that the new Employment Act, No. 15 of 2023 does not contain provisions giving effect to Articles 6 and 13 of the Convention. In this context, the Committee reiterates its request that the Government take the necessary measures to give effect to these Articles of the Convention.

Article 8. Deductions. The Committee notes that the Employment Act, No. 15 of 2023 includes several provisions that are dedicated to the regulation of deductions from wages: section 52 prohibits all deductions not stated in the Act, sections 53 and 54 provide for permitted deductions, and section 54 provides for the obligation of the employer to repay wages wrongfully deducted. At the same time, the Committee notes that the Regulation of Wages and Industrial Relations Act, No. 3 of 1971, is still applicable and recalls that section 19(1) of this Act provides that, where a minimum rate of wages has been confirmed by direction of the Commissioner of Labour under this Act, an employer shall, in cases to which the minimum rate is applicable, pay wages to the worker at not less than the minimum rate, clear of all deductions. The Committee recalls once again that section 19 would not apply to any case in which minimum wages have not been prescribed, while Article 8 of the Convention covers all wages. The Committee reiterates its request that the Government takes the necessary measures to give full effect to this Article.

Article 12(1).Regular payment of wages. The Government indicates that with regard to the payment of workers, the draft Employment Regulations under consideration stipulate that a worker shall be paid according to the terms agreed by the parties. Therefore, according to the Government, payment is to be made regularly, and on the days agreed by the worker and employer. It is noted that in the text of the Draft Employment Regulations, communicated to the Office, there is a reference to a “regular monthly salary” and “wage payment intervals”. The Committee reiterates its request that the Government take the necessary measures, including through the ongoing process of adopting the new Employment Regulations, to give full effect to this Article of the Convention and to provide information on any progress made in this regard.