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

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Articles 8 and 10 of the Convention. Deductions, assignments and attachments of wages. The Committee notes that sections 273–78 of the Labour Code establish a list of permitted deductions to wages. Under section 277, the authorized deductions for each payment cannot exceed the rates fixed by decree.The Committee requests the Government to provide information on the regulations in force establishing, under section 277 of the Labour Code, the limits applicable to the deductions, assignments and attachments of wages authorized by the Labour Code.
Article 12 of the Convention. Regular payment of wages. Public sector. In its previous comments, the Committee encouraged the Government to pursue its efforts to eliminate the late payment of wages, particularly in the public sector. The Committee notes that the Government refers once again in its report to the difficulties arising from the failure to make timely payments of bonuses and other labour benefits owed to teachers and hospital workers.The Committee requests the Government to take the necessary measures to ensure that the affected workers receive all the elements of their remuneration on time and in full and to provide information on the results achieved in that regard.

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Articles 8 and 10 of the Convention. Deductions, assignments and attachments of wages. The Committee notes that sections 273–78 of the Labour Code establish a list of permitted deductions to wages. Under section 277, the authorized deductions for each payment cannot exceed the rates fixed by decree. The Committee requests the Government to provide information on the regulations in force establishing, under section 277 of the Labour Code, the limits applicable to the deductions, assignments and attachments of wages authorized by the Labour Code.

Article 12 of the Convention. Regular payment of wages. Public sector. In its previous comments, the Committee encouraged the Government to pursue its efforts to eliminate the late payment of wages, particularly in the public sector. The Committee notes that the Government refers once again in its report to the difficulties arising from the failure to make timely payments of bonuses and other labour benefits owed to teachers and hospital workers. The Committee requests the Government to take the necessary measures to ensure that the affected workers receive all the elements of their remuneration on time and in full and to provide information on the results achieved in that regard.

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Article 12 of the Convention. Payment of wages at regular intervals. Following their previous comments concerning the serious difficulties encountered in the payment of public sector wages, the Committee notes the Government’s indications that it has made enormous efforts to ensure payment of civil servants’ salaries on time, and that in case errors are observed in preparing payment, these errors are automatically rectified. The Committee understands that the situation of wage arrears persists in the public sector and especially for teachers and hospital personnel, with delays in payment often of several months, which has led recently to repeated movements of protest. Therefore, the Committee encourages the Government to pursue its efforts to eliminate these practices of late payment or non-payment of wages, and also requests it to provide reliable statistical information on the present state of the problem, indicating the number of workers affected, the main sectors involved and the total amount of wages due.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Article 12 of the Convention. Timely payment of wages. The Committee notes the Government’s report in which renewed reference is made to the serious difficulties encountered in the payment of wages to public employees following the imposition of a structural adjustment plan by the international financial institutions some ten years ago. The Government indicates that the payment of family allowances to civil servants has been suspended and adds that, recently, a major effort is being made to ensure the timely payment of wages. The Committee once again requests the Government to elaborate on the nature and scale of the problem of wage arrears that the national economy continues to experience and also to give a more detailed account of any concrete measures taken in order to tackle the wage crisis. As the Committee has pointed out on a number of occasions, a proper assessment of situations of delayed payment or non-payment of wages is only possible through the systematic collection of up to date statistical information emanating from credible sources. In the absence of such data, it becomes very difficult to evaluate any substantial progress made in the settlement of wage arrears and to reach any conclusions with regard to compliance with the provisions of the Convention.
Part V of the report form. The Committee would also appreciate if the Government would continue to provide general information on the application of the Convention in practice, including, for instance, extracts from official reports, any available statistics on labour inspection visits and the results obtained in wage-related matters, as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Article 12 of the Convention. Timely payment of wages. The Committee notes the Government’s report in which renewed reference is made to the serious difficulties encountered in the payment of wages to public employees following the imposition of a structural adjustment plan by the international financial institutions some ten years ago. The Government indicates that the payment of family allowances to civil servants has been suspended and adds that, recently, a major effort is being made to ensure the timely payment of wages. The Committee once again requests the Government to elaborate on the nature and scale of the problem of wage arrears that the national economy continues to experience and also to give a more detailed account of any concrete measures taken in order to tackle the wage crisis. As the Committee has pointed out on a number of occasions, a proper assessment of situations of delayed payment or non-payment of wages is only possible through the systematic collection of up to date statistical information emanating from credible sources. In the absence of such data, it becomes very difficult to evaluate any substantial progress made in the settlement of wage arrears and to reach any conclusions with regard to compliance with the provisions of the Convention.
The Committee would also appreciate if the Government would continue to provide general information on the application of the Convention in practice, including, for instance, extracts from official reports, any available statistics on labour inspection visits and the results obtained in wage-related matters, as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.

CMNT_TITLE

The Committee notes the Government’s report in which renewed reference is made to the serious difficulties encountered in the payment of wages to public employees following the imposition of a structural adjustment plan by the international financial institutions some ten years ago. The Government indicates that the payment of family allowances to civil servants has been suspended and adds that, recently, a major effort is being made to ensure the timely payment of wages. The Committee once again requests the Government to elaborate on the nature and scale of the problem of wage arrears that the national economy continues to experience and also give a more detailed account of any concrete measures taken in order to tackle the wage crisis. As the Committee has pointed out on a number of occasions, a proper assessment of situations of delayed payment or non-payment of wages is only possible through the systematic collection of up to date statistical information emanating from credible sources. In the absence of such data, it becomes very difficult to evaluate any substantial progress made in the settlement of wage arrears and to reach any conclusions with regard to compliance with the provisions of the Convention.

The Committee would also appreciate if the Government would continue to provide general information on the application of the Convention in practice, including, for instance, extracts from official reports, any available statistics on labour inspection visits and the results obtained in wage-related matters, as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.

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Article 12(1) of the Convention and Part V of the report form. The Committee notes the Government’s statement that following the imposition of a structural adjustment plan by the international financial institutions, decent wage levels are no longer ensured in the country and as a result recruitment in the public service has been suspended, family allowances are not paid to civil servants and the guaranteed interoccupational minimum wage (SMIG) has become derisory. In this connection, the Committee wishes to refer to paragraphs 23, 360 and 412 of the 2003 General Survey on the protection of wages in which it examined the alarming situation with regard to the non-payment or delayed payment of salaries, especially in public and semi-public sectors of employment, in certain parts of Africa and concluded that none of the reasons normally advanced by way of excuse, such as the implementation of structural adjustment or "rationalization" plans, falling profit margins or adverse economic situation, can be accepted as valid pretexts for the failure to ensure the timely and full payment to workers of the wages due for work already performed or services already rendered, in accordance with the requirements of Article 12 of the Convention. The Committee stressed that the financial straits of a private enterprise or a public administration may be addressed in many ways, but that is not an excuse for deferred payment or non-payment of the outstanding wages due to workers. The Committee therefore requests the Government to include in its next report detailed information on the nature and scale of the phenomenon of wage arrears, including for instance the approximate number of workers affected, the total amount of the accumulated wage debt, the sectors concerned, the length of the delay in the payment of wages, and the extent to which wage arrears are settled through payment in kind or barter arrangements. It also asks the Government to indicate the measures taken to ensure that salaries and wages are paid at regular intervals and that any violations in this regard are effectively controlled and sanctioned.

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Article 6 of the Convention.Further to a previous direct request, the Committee notes with satisfaction that under section 257, paragraph 4, of the new Labour Code (Act No. 038/PR/96 of 11 December 1996) employers are prohibited from limiting in any manner the freedom of the worker to dispose of his wages.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matter raised in its previous direct request:

Article 6 of the Convention. The Committee noted that the Government considered it pointless to adopt an order to complete section 151 of the Labour Code that is now in force since the new draft Labour and Social Insurance Code would contain a provision that would give effect to this Article. The Committee once again hopes that the Government will take the necessary action to adopt measures in the near future to prohibit any limitations being placed on the freedom of the worker to dispose of his wages, a matter on which the Committee has been commenting for many years.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matter raised in its previous direct request:

CMNT_TITLE

Article 6 of the Convention. The Committee notes that the Government considers it pointless to adopt an order to complete section 151 of the Labour Code that is now in force since the new draft Labour and Social Insurance Code will contain a provision that will give effect to this Article. The Committee once again hopes that the Government will take the necessary action to adopt measures in the near future to prohibit any limitations being placed on the freedom of the worker to dispose of his wages, a matter on which the Committee has been commenting for many years.

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Article 6 of the Convention. The Committee notes the Government's most recent report, in which it states that it has submitted for the approval of the competent authority a draft Ordinance which includes a provision prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. This provision would give effect to Article 6 of the Convention, which has been the subject of the Committee's comments for many years. The Committee hopes that the Government will be able to inform it in its next report that this Ordinance has been adopted.