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Protection of Wages Convention, 1949 (No. 95) - Curaçao

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Article 2 of the Convention. Scope of application. The Committee notes that, according to section 1613x of the Civil Code, its provisions implementing the Convention do not apply to seafarers and public servants. The Committee notes that the National Ordinance on the Legal Status of Civil Servants that regulates the working conditions of these workers does not appear to contain provisions on the protection of wages. Under Article 2(1), however, the Convention applies to all persons to whom wages are paid or payable. The Committee therefore requests the Government to provide information on the measures implementing the Convention for seafarers and public servants in order to give full effect to the Convention.

Article 4. Partial payment of wages in kind. The Committee notes that permissible payments in kind are enumerated in section 1613n of the Civil Code and include food and lighting materials, clothing, the use of specified housing or a specific piece of land or shed, as well as company products and raw materials, on condition that these are suited as regards both their nature and quantity to the essential needs of employees and of their families. The Committee further notes that section 1614t of the Civil Code allows the payment of wages wholly in kind and that the Civil Code does not contain provisions stating that the value attributed to wages in kind is fair and reasonable. In this respect, the Committee recalls that Article 4(1) of the Convention provides that national laws or regulations may authorize the partial, and not the total, payment of wages in the form of allowances in kind and only in industries or occupations in which payment in the form of such allowances is customary or desirable because of the nature of the industry or occupation concerned. The Committee therefore requests the Government to indicate how it ensures that payments of wages in kind meet the requirements of Article 4 of the Convention.

Articles 7, 12, 13, and 15(d). Works stores. Final settlement of wages upon termination of contract. Time of payment in cash. Prohibition of payment in taverns and the sort. Maintenance of payroll records. The Committee notes that the Civil Code does not contain provisions giving effect to these Articles of the Convention. The Committee therefore requests the Government to provide detailed information on the manner in which it is ensured that: (i) the workers are free from any coercion to make use of work stores or services, and that when they use them, the goods or services are provided at fair and reasonable prices for the benefit of the workers concerned (Article 7); (ii) any outstanding payments upon the termination of a contract of employment is promptly settled (Article 12); (iii) the payment of wages where made in cash is made on working days only and that payment in taverns and the sort is prohibited (Article 13); and (iv) the national law provide for the maintenance, in all appropriate cases, of adequate records in an approved form and manner (Article 15(d).

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Article 16 of the Convention. Implementing legislation. The Committee notes that the dismantling process of the Netherlands Antilles has been completed and that as from 10 October 2010 the Government of Curaçao has full law-making power within the new autonomous country. The Committee also notes the information provided by the Government concerning the performance of the local economy in the past two years and the ongoing restructuring of the civil service. The Committee observes, however, that in its first report on the application of the Convention, the Government was expected to present a full overview of the state of law and practice in the matters dealt with in the Convention.

In this connection, the Committee recalls that the information that has been made available over the past 50 years with respect to the implementation of the requirements of the Convention has been particularly fragmented and incomplete. Reference has been frequently made to sections 1613 and 1614 of the Civil Code and section 2 of the Commercial Code as giving effect to most of the provisions of the Convention but the Committee understands that other legislative texts have been adopted over the years and may be of relevance, such as the Labour Regulations 2000 and the Labour Decree for Hotels, Restaurants and Casinos (P.B. 2000 No. 91). The Committee accordingly requests the Government to provide together with its next report detailed information, including copies of all relevant texts, regarding the legislative, administrative or other means which give effect to each of the Articles of the Convention.