Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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 following matters raised in its previous direct request:

In its previous comments, the Committee noted the Government's reference to the draft Labour Code. It hopes that the draft Code will soon be adopted in such a form as to give effect to the Convention on the points mentioned below. The Committee asks the Government to provide information on any development in this regard as well as a copy of the draft Code.

Article 2 of the Convention. As to the workers in the agricultural sector, the Committee notes that only some of them (those engaged in the exploitation and commercialization of the products, permanent workers for the repair of mechanical tools or for permanent irrigation, and those engaged in cattle raising) are covered by the draft Code. Recalling that the Convention applies to all workers to whom wages are paid or payable, the Committee requests the Government to indicate measures taken or envisaged to ensure the protection of wages to the workers excluded from the Labour Code.

Article 4, paragraph 2. The Committee notes that the definition of wages under the draft Code includes "adequate payment in kind" without prescribing conditions of such payments. It hopes that provisions will be included in the draft Code so as to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his family, and that the value attributed to such allowances is fair and reasonable in accordance with this provision of the Convention.

Article 8. The Committee notes that Act No. 19 of 1991 on the public service referred to by the Government contains provisions regulating the conditions and the extent of deductions from wages. It notes, however, that sections 63, 64 and 93 of the draft Labour Code, according to the Government, only regulate the attachment of wages and deductions for particular reasons (material damages or infringement of obligations by the worker). The Committee hopes that provisions will be included in the draft Code so as to ensure that deductions from wages for whatever reason should be permitted only under conditions and to the extent prescribed. It also asks the Government to indicate the steps taken to inform the workers of such regulations of deductions.

Article 10. As to the public service, the Committee notes that, according to the Government, the wage is one of the rights which the public servant is prohibited to relinquish, but that, under section 66 of the above Act, if the public servant is indebted to a third party guaranteed by the administrative unit, it is possible to make deductions from wages to pay such a debt according to the condition of guarantee. It requests the Government to indicate how such deductions are limited when fixing the conditions of guarantee. As regards other sectors than the public service, the Committee points out that the provision in the draft Code cited by the Government which prohibits the employer's restricting the workers' freedom to dispose of their wages is not sufficient to give effect to this provision of the Convention requiring the protection of wages from excessive assignment. It hopes that provisions will be included in the draft Code to prescribe the manner and limit in which wages may be assigned.