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Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Sudan (Ratification: 1970)

Other comments on C117

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Article 8 of the Convention. The Committee notes the information communicated by the Government on the agreements concluded with the Libyan Arab Jamahiriya and with Egypt concerning Sudanese migrant workers. It would be grateful if the Government would communicate copies of the agreements concluded with Egypt, or examples of clauses in these agreements which ensure that Sudanese workers enjoy protection and advantages not less than those enjoyed by national workers in the country where they work.

Article 12, paragraphs 1 and 2. The Committee recalls that it noted with interest that section 14 of the Labour Relations Act of 1981 provides that the employer may make the worker advances on his salary, under certain conditions, and sets a limit on the amount of deductions from salary payments which may be made to repay such advances. However, the 1981 Act does not set a maximum amount for such advances as required by these paragraphs. Please indicate what measures have been taken or are contemplated in this regard (for instance, to include the necessary provisions in regulations adopted under the Act).

Article 12, paragraph 3. The Committee had noted that no court was empowered to rule on a suit by an employer against a worker with a view to the reimbursement of an advance which has been made, unless there was a written contract for the advance. As this does not meet the requirements of this provision, the Committee hopes that the Government will, when it fixes the maximum amount of advances, also take measures to make any advance in excess of this amount legally irrecoverable.

The Committee had noted also that the Labour Relations Act of 1981 does not apply to all the workers covered by the Convention, the principal exception being workers engaged in agriculture. The Committee refers in this connection to the comments it made in 1984 under the Protection of Wages Convention, 1949 (No. 95), and again expresses the hope that it will be possible in the near future to provide protection for the wages earned by these workers.

Article 13, paragraph 2. As previously requested, please provide information on any measures which may have been taken or be under consideration to supervise the operations of money-lenders, as is required by this Article.

Article 15, paragraph 2. The Committee recalls the adoption of a minimum age for employment, by section 27(1) of the Labour Relations Act of 1981, in the sectors of the economy covered by that Act. It also notes that a number of provisions are included on the conditions of work of young people. The Committee hopes that the Government will in the near future be able to lay down a minimum age for employment in sectors not covered by the Act. With regard to conditions of employment of young people, it notes that the Minister is required or empowered to adopt regulations in certain respects. Please forward copies with the next report of any regulations which may have been adopted in this connection.

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