Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee note 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:

Article 4 of the Convention. The Committee notes the information supplied by the Government in its last report and, in particular, the establishment of the committee provided for in the collective agreement of the agricultural sector (1979). This committee was to have examined whether any individual contracts existed which were not in conformity with the provisions of the collective agreements, because they could permit payment of wages wholly in the form of allowances in kind, as provided for in section 2099 of the Civil Code. The Committee notes from the report that this committee was never set up. According to the Government, the provisions of the Civil Code are still in force, and the possibility of the payment of wages wholly in kind therefore remains, even if, as the Government says, this eventuality is extremely remote. The Committee therefore hopes that the Government will take the necessary measures to amend section 2099 of the Civil Code, to bring it into conformity with the practice and with the provisions of the Convention. The Committee requests the Government to indicate in its next report, any measures adopted to this end.

Article 8. The Committee again expresses the hope that the Government will take the necessary measures in the near future, to ensure that deductions from wages are permitted only under conditions, and to the extent prescribed by national laws and regulations or fixed by collective agreement, as laid down in this Article of the Convention in order to protect workers' salaries, particularly against any deduction for the repayment of debts such as those incurred by loans, for example. In this connection, the Committee notes the information supplied by the Government, and the adoption of Act No. 74 of 7 March 1987, concerning deductions from wages for payment of alimony on dissolution of marriage.