Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee recalls its previous comments in which it requested the Government to indicate the measures taken to ensure the application of the Convention as regards final settlements upon termination of work contracts (Article 12, paragraph 2), especially in the light of the situation denounced by the Trade Unions International of Chemical, Oil and Allied Workers in an earlier observation concerning outstanding wage claims of offshore workers who were dismissed owing to the "ivorization of jobs". The Committee regrets that the Government does not specify in its report whether the court decision handed down on the above case has been executed or whether there have been any other judicial decisions on this matter. The Committee takes this opportunity to refer to paragraph 398 of its General Survey of 2003 on the protection of wages in which it emphasized that the principle of the regular payment of wages finds its full expression not only in the periodicity of wage payments, as may be regulated by national laws and regulations or collective agreements, but also in the complementary obligation to settle speedily and in full all outstanding payments upon the termination of the contract of employment. It asks therefore the Government to provide additional information on the manner in which situations similar to that of the offshore workers are handled, especially in the current context which according to the Government’s report is marked by the precariousness of employment and the abolition of benefits. In addition, the Committee would appreciate receiving concrete information on any problems of wage arrears that may be experienced in the public and semi-public sectors of employment, in light of the Committee’s comments contained in paragraphs 23, 360 and 412 of the abovementioned General Survey concerning the widespread phenomenon of non-payment or delayed payment of salaries in certain parts of Africa.