National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
The Committee notes the information provided in the Government’s report, in particular the adoption of Act No. 002/2005 of February 2005 issuing the General Public Service Regulations.
Article 12 of the Convention. Payment of wages at regular intervals. The Committee understands that certain branches of activity and production units are experiencing difficulties regarding the regular payment of wages. The Committee requests the Government to provide further information on this matter and, if appropriate, to specify the sectors of the economy and the number of workers affected by this phenomenon. It also asks the Government to indicate the steps taken to remedy this situation.
Part V of the report form. Recalling that legislative conformity in itself cannot ensure that the Convention is observed in a satisfactory manner and that legislation must also be implemented effectively, the Committee asks the Government, once again, to provide general information on the application of the Convention, including, for instance, extracts from labour inspection service reports detailing the number and nature of the infringements reported and the penalties imposed, and any other particulars that would enable the Committee to assess the manner in which the Convention is applied in practice.
With reference to its previous comments, the Committee notes the Government’s explanations regarding the application of Articles 7 and 10 of the Convention. It notes in particular that the reference in section 163(2)(b) of the Labour Code of 1994 to the sale of goods preferably, but not exclusively, in exchange for cash is meant to offer the possibility to workers to obtain essential consumer goods also on credit. The Committee further notes that works stores, which mainly exist in the timber industry, operate on a non-profit basis providing basic commodities at cost price.
Part V of the report form. The Committee notes that the Government has not supplied in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. The Committee therefore requests the Government to make every effort to obtain and communicate in its next report concrete information on the effect given to the Convention in practice, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties encountered in securing the observance of the standards embodied in the Convention.
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:
Article 7 of the Convention. The Committee notes that, under the terms of section 163(2)(b) of the new Labour Code (Act No. 3/94 of 21 November 1994), the sale of goods in works stores must preferably be made in exchange for cash and without profit. It recalls that section 111(2)(b) of the former Code required such sales to be made exclusively in exchange for cash and without profit. The Committee recalls the provisions of paragraph 2 of this Article of the Convention, which require that, where access to other stores or services is not possible, the goods should be sold at fair and reasonable prices and the stores should not be operated for the purpose of securing a profit. It therefore requests the Government to indicate the measures taken to give effect to these provisions in the context of the new Code.
Article 10. The Committee requests the Government to indicate whether Decree No. 154/PR of 5 June 1965 respecting attachment, assignment and deductions from wages and compensation is still in force and to provide full particulars of any provisions that have amended or replaced it.
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 reads as follows:
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 following matters raised in its previous direct request:
Article 8 of the Convention. The Committee noted that the Government's repeated statement that the complete version of section 106 of the former Labour Code would be retained in the final version of the revised Labour Code so that the worker's consent shall be given to deductions from wages before the head of the nearest administrative unit. The Committee hopes that the Government will take the necessary measures to this effect in the very near future and requests it to indicate the progress achieved in its next report.
The Committee notes the Government's report and the new Labour Code.
With reference to its previous comments on Article 8 of the Convention, the Committee notes with satisfaction that the second paragraph of section 161 of the revised Labour Code (Act No. 3/94 of 21 November 1994) requires that the consent of the worker to deductions from wages be given before the head of the nearest administrative unit, in the absence of a magistrate or labour inspector. A request on certain other matters is being addressed directly to the Government.
Article 8 of the Convention. The Committee notes that the Government repeats its statement that the complete version of section 106 of the former Labour Code will be retained in the final version of the revised Labour Code so that the worker's consent shall be given to deductions from wages before the head of the nearest administrative unit. The Committee hopes that the Government will take the necessary measures to this effect in the very near future and requests it to indicate the progress achieved in its next report.
The Committee also notes the comments made by the Employers' Confederation of Gabon stating that written consent by both parties to deductions, as provided for in section 109 of the Labour Code, remains the most widely used form for this purpose and that this formula is satisfactory to employers and workers. It adds that no abuse has been reported in this field.
Article 8 of the Convention. The Committee takes note of the Government's statement to the effect that the preliminary study for the revision of the Labour Code includes an examination of the possibility of reinserting into the Labour Code the specific provision that requires that consent to deductions from wages should be given before the head of the nearest administrative unit, which appeared in section 106 of the former Labour Code and was omitted in the new Code. The Committee hopes that the Government will take the necessary steps to this effect and requests it to supply information in its next report concerning progress that has been achieved.