All Comments

Home Page | English | Français | Español |

ILO is a United Nations Agency

RSS Feed | Newsroom | Contact us

NORMLEX

Information System on International Labour Standards

Instruments
Key documents
Ratification of ILO Conventions
Supervising the application of International Labour Standards: Supervision by country; Search comments by the supervisory bodies; Complaint procedures; Freedom of association cases; Representations (Art. 24); Commission of Inquiry (Art. 26)
Regular reporting
Country profiles
Comparatives
Maritime Labour Convention (2006)

MLC, 2006

NATLEX *new look*
National Legislation on Labour and Social Rights

LEGOSH
Global database on occupational safety and health legislation

EPLex
Employment protection legislation database

Compendium of court decisions

NORMLEX Home > Country profiles > > Comments > All Comments

Protection of Wages Convention, 1949 (No. 95) - Suriname (RATIFICATION: 1976)

DISPLAYINEnglish - French - Spanish

CMNT_TITLE

Article 4 of the Convention. Payment of wages in kind. Further to its previous comments on the need to amend section 1614T of the Civil Code, which allows wages to be paid wholly in kind, the Committee notes the Government’s indication in its report that there have been no developments with regard to the adoption of a new Civil Code. The Committee recalls that Article 4 only allows the partial payment of wages in the form of allowances in kind. The Committee therefore requests the Government to take the necessary measures, including by amending section 1614T of the Civil Code or in the context of the broader reform of that Code, to ensure that the payment of wages in kind could only be partial, in conformity with Article 4(1). The Committee also requests the Government to provide information on measures taken to ensure that the value attributed to wages in kind is fair and reasonable, in accordance with Article 4(2).

CMNT_TITLE

Articles 4, 8 and 12(2) of the Convention. Payment of wages in kind – Deductions from wages – Payment at regular intervals. The Committee notes the Government’s indication that a new draft Civil Code is currently under preparation, and that in this process amendments will be introduced to sections 1614S and 1614T of the current Code, on which the Committee has been commenting for some years. The Committee trusts that the Government will take appropriate action so that the text of the new Civil Code fully reflects the Committee’s previous comments. The Committee requests the Government to keep the Office informed of all further developments in this regard and to communicate the text of the new legislation once it has been adopted.

CMNT_TITLE

The Committee notes the Government’s indication that during the reporting period, no legislative or administrative action has been taken in relation to the points raised by the Committee in its last comment. The Committee accordingly reiterates its request for appropriate measures in order to bring the national legislation into conformity with the requirements of the Convention, in particular as regards: (i) the conditions under which the partial payment of wages in kind may be authorized (section 1614T of the Civil Code permits the payment of wages wholly in board, lodging or other necessities, which is inconsistent with Article 4 of the Convention); (ii) the conditions under which deductions from wages may be made (section 1614S of the Civil Code allows deductions as caution money based on individual agreement which is contrary to Article 8 of the Convention); and (iii) the final settlement of wages upon the termination of the employment relationship (section 1614S of the Civil Code provides for the reimbursement of security or caution money at the end of the contract which gives only partial effect to Article 12(2) of the Convention).

Part V of the report form. The Committee notes the statistical information provided by the Government concerning the number of complaints filed with the Labour Inspectorate and the number of judicial proceedings initiated between January and November 2006. The Committee requests the Government to continue supplying up to date and documented information on the practical application of the Convention, including, for instance, copies of collective agreements in force containing provisions with respect to wage protection, extracts from labour inspection reports showing the number and nature of wage-related offences observed, etc.

CMNT_TITLE

The Committee takes note of the Government’s report.

Article 4 of the Convention. The Committee notes that, according to sections 1613(p), 1614(i) and 1614(t) of the Suriname Civil Code, wages may be paid wholly in the form of foodstuffs, clothing, lodging or other allowances in kind. The Committee also notes the Government’s earlier indication that under the Labour Contracts Act (Chap. 89:04) certain categories of workers other than manual workers (except notably for state employees, part-time workers and agricultural workers) also enjoy wage protection but only in so far as the method and periodicity of payment are concerned. The Committee invites the Government to consider introducing the necessary amendments in order to ensure that the protection contemplated in the Convention is extended to all workers who are not currently covered by the above Acts.

The Committee notes from the Government’s report that occasionally the Labour Inspectorate receives complaints about wage payments in case of dismissal and that such problems are often settled through mediation of the Labour Inspectorate. It also notes the Government’s statement that in all collective agreements the rights set out in the Convention are very well arranged and strongly protected. The Committee requests the Government to continue supplying information on the effect given to the Convention in practice, including, for example, extracts from official reports, information on violations reported and penalties imposed, and any other particulars bearing on the practical application of the Convention in accordance with Part V of the report form.