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The Committee notes the adoption of the new Labour Code, Act
No. 033-2004/AN of 29 October 2004, in particular sections 191–198 which essentially reproduce the provisions of sections 116–123 of the previous Labour Code of 1992.

Article 6 of the Convention. Time limits of protected claims. The Committee understands that in the absence of any specific reference to a prescribed period of service, workers’ claims arising out of the employer’s bankruptcy or insolvency are granted preferential treatment without any time limitation other than the two-year prescription period set out in section 199 of the Labour Code for all wage claims. It requests the Government to clarify the situation of national law and practice on this point.

Article 7(1). Monetary limits of protected claims. The Committee notes the Government’s indication that the unattachable part of the worker’s wage is defined in the same manner in the private and public sectors and that it equals two-thirds of the wage. The Committee notes, however, that the national legislation seems to apply different attachment ceilings to different portions of wages, ranging from one twentieth for the lowest wage portion to one half for the highest portion. Decree No. 55-972 of 16 July 1955, for instance, if and to the extent that it is still in effect, provides for such a system of progressive limits commensurate to income levels. The Committee would therefore appreciate receiving additional clarifications in this respect.

Article 8(1). Rank of privilege. The Committee notes with interest that section 192 of the new Labour Code, contrary to section 117 of the Labour Code of 1992, which was silent on this point, expressly provides that workers’ claims are given a higher rank than all other privileged claims, including those of the State and the social security system, thus adding clarity and giving full effect to the requirement of this Article of the Convention.

Part IV of the report form. The Committee would be grateful if the Government would provide general information on the application of the Convention in practice.

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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 6 of the Convention. The Committee notes that the Government’s report does not contain the information requested in its previous comment concerning the limits which may be applied ratione temporis to the protection of wages in the event of the employer’s insolvency or the termination of the employment relationship. Recalling that Article 6(a), (b) and (c) of the Convention require a minimum duration of coverage for workers’ privileged claims, the Committee once again requests the Government to indicate whether wage claims and other claims by workers, within the meaning of sections 116 and 117 of the Labour Code, are or are not limited to a specific duration.

Article 7, paragraph 1. With reference to its previous comment concerning the adoption, under section 129 of the Labour Code, of regulations establishing the portion of wages subject to progressive levies and the respective rates, the Committee notes the Government’s indication referring to Decree No. 73-176 of 7 August 1973 respecting the proportions of wages, salaries and additional emoluments paid to public officials and temporary employees of state public administrations and establishments which may be assigned, attached or which may not be attached. However, as the Government has not provided a copy of this text, the Committee is not in a position to assess its terms and hopes that the Government will ensure that a copy is provided with its next report. As the scope of the above Decree is confined to the public sphere, the Committee would also be grateful if the Government would indicate for other workers the manner of determining the unattachable proportion of the wage covered by the privilege accorded to wages in the event of the insolvency or bankruptcy of the employer, as set out in section 117 of the Labour Code.

Article 8, paragraph 1. The Committee notes the Government’s statement indicating that workers’ claims are in effect given a higher rank than those of the State and the social security system. It would be grateful if the Government would indicate the rank of privilege of workers’ claims in relation to other privileged claims and if it would provide information concerning the organization of the procedure applicable to the payment of privileged claims and, where appropriate, copies of the texts issued for this purpose.

Furthermore, the Committee would be grateful if the Government would provide with its next report, in accordance with Parts III and IV of the report form, general information on the application of the Convention in practice and indications of the decisions handed down by courts of law or other tribunals involving questions of principle relating to the application of the Convention.

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The Committee notes the report supplied by the Government and requests it to provide the necessary information on the points raised below.

Article 6 of the Convention. The Committee notes that the Government’s report does not contain the information requested in its previous comment concerning the limits which may be applied ratione temporis to the protection of wages in the event of the employer’s insolvency or the termination of the employment relationship. Recalling that Article 6(a), (b) and (c) of the Convention require a minimum duration of coverage for workers’ privileged claims, the Committee once again requests the Government to indicate whether wage claims and other claims by workers, within the meaning of sections 116 and 117 of the Labour Code, are or are not limited to a specific duration.

Article 7, paragraph 1. With reference to its previous comment concerning the adoption, under section 129 of the Labour Code, of regulations establishing the portion of wages subject to progressive levies and the respective rates, the Committee notes the Government’s indication referring to Decree No. 73-176 of 7 August 1973 respecting the proportions of wages, salaries and additional emoluments paid to public officials and temporary employees of state public administrations and establishments which may be assigned, attached or which may not be attached. However, as the Government has not provided a copy of this text, the Committee is not in a position to assess its terms and hopes that the Government will ensure that a copy is provided with its next report. As the scope of the above Decree is confined to the public sphere, the Committee would also be grateful if the Government would indicate for other workers the manner of determining the unattachable proportion of the wage covered by the privilege accorded to wages in the event of the insolvency or bankruptcy of the employer, as set out in section 117 of the Labour Code.

Article 8, paragraph 1. The Committee notes the Government’s statement indicating that workers’ claims are in effect given a higher rank than those of the State and the social security system. It would be grateful if the Government would indicate the rank of privilege of workers’ claims in relation to other privileged claims and if it would provide information concerning the organization of the procedure applicable to the payment of privileged claims and, where appropriate, copies of the texts issued for this purpose.

Furthermore, the Committee would be grateful if the Government would provide with its next report, in accordance with Parts III and IV of the report form, general information on the application of the Convention in practice and indications of the decisions handed down by courts of law or other tribunals involving questions of principle relating to the application of the Convention.

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The Committee notes with interest the Government’s first report and requests it to supply further information on the following points.

Article 2 of the Convention. The Committee notes that the Government refers in its report to the Social Security Code as legislation which gives effect to the Convention. It requests the Government to indicate in what manner this Act applies the Convention and to indicate the relevant provisions.

Article 6. The Committee notes that according to section 116 of the Labour Code, wages, in the meaning of the provisions of the section relating to privileges and guarantees of workers’ claims, includes wages proper, by whatever name they are called, ancillaries to wages, paid leave entitlement, bonuses, allowances and benefits of all kinds. The Committee recalls that, in accordance with subparagraph (a) of this Article, the wages protected are those relating to a period not less than three months prior to the insolvency or to the termination of the employment. It therefore requests the Government to supply more information on the limits ratione temporis applicable as well as on all the pertinent legislation and regulations.

Article 7(1). The Committee notes that under section 117 of the Labour Code the privilege applying to wages in the event of winding up or bankruptcy of the employer concerns only the non seizable part of the wages in accordance with section 129 of the Labour Code. According to this section, decrees taken by the Council of Ministers after an opinion from the Labour Consultative Commission fix the portion of wages subject to progressive levies and the relevant rates. The Committee therefore requests the Government to indicate whether legislation for this purpose has been adopted and, if so, to supply copies.

Article 8(1). The Committee notes that under section 117 of the Labour Code, wage claims and other claims by workers have a higher rank of privilege than all other general and special privileges. It requests the Government to indicate whether workers’ claims are actually given a higher rank of privilege than those of the State and social security system, in accordance with the provisions of this Article of the Convention.

The Committee would be grateful if the Government would provide the International Labour Office with information on the application in practice of the Convention, in accordance with Part V of the report form.