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Protection of Wages Convention, 1949 (No. 95) - Somalia (RATIFICATION: 1960)

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The Committee notes with deep concern that the Government’s overdue report on Convention No. 95 has not been received. In light of its urgent appeal launched to the Government in 2022, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 12 of the Convention. Regular payment of wages. The Committee notes that, in the framework of its ninth National Development Plan for 2020–24, the Government indicates that, in the context of the medium-term developments for 2019–22, payments for expenditures arrears, mostly related to unpaid salaries and allowances, totalling US$65.4 million will be given priority. In addition, the Committee notes that in the District of Kismayo, the Commissioner indicates that no salary is given to city workers due to lack of taxation and other resources. While recognizing the complexity of the situation in the country, the Committee requests the Government to provide information on the situation of wage arrears and timely payment of wages in the country and in particular in the District of Kismayo, and the measures adopted to address the issue.

Article 16. Measures to give effect to the Convention. Draft Labour Code. With reference to its 2022 previous comment under the Forced Labour Convention, 1930 (No. 29) and 2020 comment under the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), the Committee notes that a draft Labour Code was developed in collaboration with the ILO, in order to revise the 1972 Labour Code and that the draft it is pending approval by the Parliament. The Committee also notes that in June 2023, the ILO, the Somali Ministry of Labour and Social Affairs, the Federation of Somali Trade Unions, and the Somali Chamber of Commerce & Industry signed a Memorandum of Understanding to implement the first Decent Work Country Programme for Somalia. The Committee requests the Government to provide updated information concerning the application in law and in practice of the Convention and on the progress made in the adoption of the draft Labour Code.

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With reference to its previous comments, the Committee recalls that it requested the Government to take measures in order to give effect to the provisions of Article 4, paragraph 2, of the Convention (respecting the partial payment of wages in kind) and of Article 8, paragraph 1 (respecting restrictions on deductions from wages). The Committee notes that, according to the Government, the Labour Code is being revised and that amendments will be adopted in order to resolve the remaining questions which it has been commenting on for several years.

The Committee hopes that the Government will be able to indicate in its next report the changes that have been made in order to give effect to this Convention.

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Article 4, paragraph 2, of the Convention. The Committee notes that no information has been supplied by the Government on any progress towards giving effect to this provision. As this has been the subject of comments for a number of years, the Committee trusts that the necessary measures will be taken in the very near future.

Article 8, paragraph 1. The Committee notes from the Government's report that an amendment to section 82 of the 1972 Labour Code, concerning the extent of deductions from wages has been approved by the Legislative Committee of the Standing Committee of the National People's Assembly, and that it will be submitted to the next session of Parliament. The Committee hopes that the Government will be able to indicate in its next report that the amendment has been adopted, and that it will be in conformity with this provision of the Convention.