Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report and wishes to draw attention to the following points.

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes the Government’s indication that the meal allowance for hotels, restaurants and related businesses remains unchanged at 1.50 Aruban florin (AWG) (approximately US$0.8) per day, as fixed by State Decree (AB 1991 No. GT 20). It also notes the Government’s statement that there is no defined schedule at present for the revision of the system of allowances in kind. The Committee hopes that the Government will, on the first suitable opportunity, consider the possibility of amending section 1614T of the Civil Code which permits the payment of wages exclusively in board, lodging or other necessities of life.

Article 8. Deductions from wages. The Committee notes the Government’s indication that the national legislation does not permit deductions in the form of caution money. However, the Committee understands that, as it currently reads, section 1614S of the Civil Code allows for the deduction of an amount not exceeding 10 per cent of the wages, based on a mutual agreement, to be used in case of any claims for damages that the employer might have at the end of the employment relationship. The Committee would appreciate receiving additional explanations in this regard, in particular how this provision might be considered to comply with: (i) this Article of the Convention which excludes deductions by virtue of individual agreement or merely with the consent of the worker unless such deductions are expressly provided for in national laws or regulations or fixed by collective agreement; and also (ii) the guarantees of fairness and due process reflected in Paragraph 2 of Recommendation No. 85 with respect to deductions for loss or damage.

In addition, the Committee notes the Government’s indication that there is currently no legal obligation for employers to inform their workers specifically about deductions from their wages. It recalls, in this connection, that the Convention already prescribes that workers should be kept informed of the conditions under which, and the extent to which, deductions may be made, while Paragraph 7 of Recommendation No. 85 suggests that pay slips should include, among other wage particulars, any deductions which may have been made including the reasons and the amount of such deductions. It also wishes to draw attention to paragraph 260 of the General Survey of 2003 on the protection of wages in which the Committee pointed out that the intention of the Convention was to ensure that workers had full and, if possible, advance knowledge of the nature and extent of all possible deductions to which their wages might be subjected. The Committee therefore requests the Government to consider the necessary measures to ensure that the national legislation is brought into full conformity with the Convention in this regard.

Article 10(2). Overall limit on attachment of wages. The Committee notes the information provided by the Government that a proposal on the amendments of the national legislation concerning setting an overall limit on attachment of wages has been submitted to the committee for the modernization of the labour legislation (CMLL). The Committee would be grateful if the Government would keep it informed of any progress made in this respect.

Articles 12(2), 13(1) and 14. Mode of payment of wages. While noting the Government’s reference to section 1614s of the Civil Code, the Committee considers that the section in question merely provides for the reimbursement of caution or security money – and not for the final settlement of any outstanding wage payment – at the end of the employment relationship. The Committee therefore requests the Government to provide additional explanations as to how effect is given in law and practice to the requirements of the Convention concerning the final settlement of wages upon the termination of the employment contract (Article 12(2)); the payment of wages only on working days (Article 13(1)); and the notification of pay conditions to workers before they enter employment (Article 14).

Article 16 and Part V of the report form. The Committee would appreciate if the Government would continue to provide up to date information on the practical application of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report and the information provided in reply to its previous comments.

Article 4 of the Convention. The Committee notes that according to the information supplied by the Government, the State Decree on the general measures for the application of Article 7, paragraph 3, of the Minimum Wage Ordinance (SPG 1991, No. GT 20) has fixed at AWG 1.50 per day the non-monetary wage for hotels, restaurants and related businesses. The Committee also notes the Government’s statement that during the reporting period no use was made of Article 7, paragraphs 3 and 4, of the Minimum Wage Ordinance and accordingly the Government has not been requested to determine any amounts for payment in kind. The Committee understands that allowances in kind, such as meals or lodging, are not deducted from wages and that their value is calculated only for taxation purposes or in the holidays when these allowances have to be paid out in money. The Committee would appreciate receiving additional clarifications on the system of allowances in kind, including information as to how often the non-monetary wage for the hotel and catering sector is revised as well as a copy of the most recent State Decree adopted for this purpose. Moreover, the Committee requests the Government to indicate the measures it intends to take to modify section 1614t of the Civil Code which permits the payment of wages exclusively in board, lodging or other necessities of life.

Article 8. The Committee notes the Government’s explanations as to the conditions under which deductions from wages, including deductions in the form of caution money, may be made under sections 1614r and 1614s of the Civil Code. The Committee would be grateful if the Government could specify in its next report the manner in which workers are informed of the conditions under which and the extent to which such deductions may be made.

Article 10, paragraph 2. Further to its previous comments concerning the absence of an overall limit to protect wages from excessive attachment, the Committee notes the Government’s indication that the Labour Department will be requested to prepare a proposal on the necessary legislative amendments in order to comply with the requirements of the Convention in this respect. The Committee trusts that the Government will soon be able to report concrete progress in bringing the relevant provisions of the Civil Code into line with this Article of the Convention and asks the Government to transmit in due course a copy of the official text adopted to that end.

Articles 12(2), 13(1) and 14. The Committee has been drawing attention for many years to the fact that no effect is given to the provisions of the Convention regarding the final settlement of wages upon the termination of an employment contract, the payment of wages on working days only and the duty to inform workers before they enter employment or when any changes occur to the wage conditions under which they are employed. As regards the obligation to provide information on wages, the Government states that unionized workers have the advantage of collective assistance in receiving and understanding relevant information while the Labour Department is presently limited to giving information upon request. While noting the Government’s indication that as soon as adequate financial resources are made available to the Labour Department a more proactive approach towards informing employers and workers of their rights and obligations could be adopted, the Committee expresses the firm hope that appropriate measures will be taken without further delay to give specific legislative expression to the standards set out in these Articles of the Convention and reminds the Government of the availability of ILO technical assistance in this regard.

Article 16 of the Convention and Part V of the report form. The Committee notes that the Government has not supplied in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. The Committee requests therefore the Government to make every effort to obtain and communicate in its next report concrete information, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, as well as any other particulars on the effect given to the Convention in practice.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that despite its repeated requests, no report has been communicated by the Government in the last six years. 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 comment, which read as follows:

The Committee would be grateful if the Government would provide a copy of the provisions of the Civil Code giving effect to the Convention as amended to date as well as further information on the following points.

  Article 4 of the Convention. The Committee noted the Government’s indication that, under the Minimum Wage Act, the amount of any payment in kind shall be established by a ministerial decree. Please communicate copy of such ministerial decree.

  Article 8(1). Please supply further information on the conditions under which deductions from wages may be made by virtue of section 1614(r), items a to h, as well as on the repayment of the deducted sum under section 1614(s).

  Article 10. The Committee noted the Government’s indication that the worker's wage may be seized completely if it is to cover upkeep. Recalling that Article 10 of the Convention permits the attachment of wages only within prescribed limits with a view to the maintenance of the worker and his family, it requests the Government to supply information on measures taken to give effect to this provision of the Convention.

  Articles 12(2), 13(1) and 14. The Committee noted the Government’s intention to take measures to ensure a final settlement of wages upon the termination of an employment contract in the manner stipulated in Article 12(2); to provide that the wages may be paid on working days only (Article 13(1)) and to ensure that the workers are informed of the conditions in respect of wages before they enter employment and when any changes take place (Article 14(a)). Please continue supplying in future reports information on any progress made in this connection.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes 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 reads as follows:

The Committee would be grateful if the Government would provide a copy of the provisions of the Civil Code giving effect to the Convention as amended to date as well as further information on the following points.

Article 4 of the Convention.  The Committee noted the Government’s indication that, under the Minimum Wage Act, the amount of any payment in kind shall be established by a ministerial decree. Please communicate copy of such ministerial decree.

Article 8(1).  Please supply further information on the conditions under which deductions from wages may be made by virtue of section 1614(r), items a to h, as well as on the repayment of the deducted sum under section 1614(s).

Article 10.  The Committee noted the Government’s indication that the worker's wage may be seized completely if it is to cover upkeep. Recalling that Article 10 of the Convention permits the attachment of wages only within prescribed limits with a view to the maintenance of the worker and his family, it requests the Government to supply information on measures taken to give effect to this provision of the Convention.

Articles 12(2), 13(1) and 14.  The Committee noted the Government’s intention to take measures to ensure a final settlement of wages upon the termination of an employment contract in the manner stipulated in Article 12(2); to provide that the wages may be paid on working days only (Article 13(1)) and to ensure that the workers are informed of the conditions in respect of wages before they enter employment and when any changes take place (Article 14(a)). Please continue supplying in future reports information on any progress made in this connection.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes 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 following matters raised in its previous direct request:

The Committee would be grateful if the Government would provide a copy of the provisions of the Civil Code giving effect to the Convention as amended to date as well as further information on the following points:

Article 4 of the Convention. The Committee noted the Government's indication that, under the Minimum Wage Act, the amount of any payment in kind shall be established by a ministerial decree. Please communicate copy of such ministerial decree.

Article 8(1). Please supply further information on the conditions under which deductions from wages may be made by virtue of section 1614(r), items a to h, as well as on the repayment of the deducted sum under section 1614(s).

Article 10. The Committee noted the Government's indication that the worker's wage may be seized completely if it is to cover upkeep. Recalling that Article 10 of the Convention permits the attachment of wages only within prescribed limits with a view to the maintenance of the worker and his family, it requests the Government to supply information on measures taken to give effect to this provision of the Convention.

Articles 12(2), 13(1) and 14. The Committee noted the Government's intention to take measures to ensure a final settlement of wages upon the termination of an employment contract in the manner stipulated in Article 12(2); to provide that the wages may be paid on working days only (Article 13(1)) and to ensure that the workers are informed of the conditions in respect of wages before they enter employment and when any changes take place (Article 14(a)). Please continue supplying in future reports information on any progress made in this connection.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes 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 following matters raised in its previous direct request:

The Committee would be grateful if the Government would provide a copy of the provisions of the Civil Code giving effect to the Convention as amended to date as well as further information on the following points:

Article 4 of the Convention. The Committee noted the Government's indication that, under the Minimum Wage Act, the amount of any payment in kind shall be established by a ministerial decree. Please communicate copy of such ministerial decree.

Article 8(1). Please supply further information on the conditions under which deductions from wages may be made by virtue of section 1614(r), items a to h, as well as on the repayment of the deducted sum under section 1614(s).

Article 10. The Committee noted the Government's indication that the worker's wage may be seized completely if it is to cover upkeep. Recalling that Article 10 of the Convention permits the attachment of wages only within prescribed limits with a view to the maintenance of the worker and his family, it requests the Government to supply information on measures taken to give effect to this provision of the Convention.

Articles 12(2), 13(1) and 14. The Committee noted the Government's intention to take measures to ensure a final settlement of wages upon the termination of an employment contract in the manner stipulated in Article 12(2); to provide that the wages may be paid on working days only (Article 13(1)) and to ensure that the workers are informed of the conditions in respect of wages before they enter employment and when any changes take place (Article 14(a)). Please continue supplying in future reports information on any progress made in this connection.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes 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 following matters raised in its previous direct request:

The Committee would be grateful if the Government would provide a copy of the provisions of the Civil Code giving effect to the Convention as amended to date as well as further information on the following points:

Article 4 of the Convention. The Committee noted the Government's indication that, under the Minimum Wage Act, the amount of any payment in kind shall be established by a ministerial decree. Please communicate copy of such ministerial decree.

Article 8(1). Please supply further information on the conditions under which deductions from wages may be made by virtue of section 1614(r), items a to h, as well as on the repayment of the deducted sum under section 1614(s).

Article 10. The Committee noted the Government's indication that the worker's wage may be seized completely if it is to cover upkeep. Recalling that Article 10 of the Convention permits the attachment of wages only within prescribed limits with a view to the maintenance of the worker and his family, it requests the Government to supply information on measures taken to give effect to this provision of the Convention.

Articles 12(2), 13(1) and 14. The Committee noted the Government's intention to take measures to ensure a final settlement of wages upon the termination of an employment contract in the manner stipulated in Article 12(2); to provide that the wages may be paid on working days only (Article 13(1)) and to ensure that the workers are informed of the conditions in respect of wages before they enter employment and when any changes take place (Article 14(a)). Please continue supplying in future reports information on any progress made in this connection.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes 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 following matters raised in its previous direct request:

The Committee would be grateful if the Government would provide a copy of the provisions of the Civil Code giving effect to the Convention as amended to date as well as further information on the following points:

Article 4 of the Convention. The Committee noted the Government's indication that, under the Minimum Wage Act, the amount of any payment in kind shall be established by a ministerial decree. Please communicate copy of such ministerial decree.

Article 8(1). Please supply further information on the conditions under which deductions from wages may be made by virtue of section 1614(r), items a to h, as well as on the repayment of the deducted sum under section 1614(s).

Article 10. The Committee noted the Government's indication that the worker's wage may be seized completely if it is to cover upkeep. Recalling that Article 10 of the Convention permits the attachment of wages only within prescribed limits with a view to the maintenance of the worker and his family, it requests the Government to supply information on measures taken to give effect to this provision of the Convention.

Articles 12(2), 13(1) and 14. The Committee noted the Government's intention to take measures to ensure a final settlement of wages upon the termination of an employment contract in the manner stipulated in Article 12(2); to provide that the wages may be paid on working days only (Article 13(1)) and to ensure that the workers are informed of the conditions in respect of wages before they enter employment and when any changes take place (Article 14(a)). Please continue supplying in future reports information on any progress made in this connection.

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:

The Committee would be grateful if the Government would provide a copy of the provisions of the Civil Code giving effect to the Convention as amended to date as well as further information on the following points:

Article 4 of the Convention. The Committee noted the Government's indication that, under the Minimum Wage Act, the amount of any payment in kind shall be established by a ministerial decree. Please communicate copy of such ministerial decree.

Article 8(1). Please supply further information on the conditions under which deductions from wages may be made by virtue of section 1614(r), items a to h, as well as on the repayment of the deducted sum under section 1614(s).

Article 10. The Committee noted the Government's indication that the worker's wage may be seized completely if it is to cover upkeep. Recalling that Article 10 of the Convention permits the attachment of wages only within prescribed limits with a view to the maintenance of the worker and his family, it requests the Government to supply information on measures taken to give effect to this provision of the Convention.

Articles 12(2), 13(1) and 14. The Committee noted the Government's intention to take measures to ensure a final settlement of wages upon the termination of an employment contract in the manner stipulated in Article 12(2); to provide that the wages may be paid on working days only (Article 13(1)) and to ensure that the workers are informed of the conditions in respect of wages before they enter employment and when any changes take place (Article 14(a)). Please continue supplying in future reports information on any progress made in this connection.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes 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 following matters raised in its previous direct request:

The Committee would be grateful if the Government would provide a copy of the provisions of the Civil Code giving effect to the Convention as amended to date as well as further information on the following points:

Article 4 of the Convention. The Committee noted the Government's indication that, under the Minimum Wage Act, the amount of any payment in kind shall be established by a ministerial decree. Please communicate copy of such ministerial decree.

Article 8(1). Please supply further information on the conditions under which deductions from wages may be made by virtue of section 1614(r), items a to h, as well as on the repayment of the deducted sum under section 1614(s).

Article 10. The Committee noted the Government's indication that the worker's wage may be seized completely if it is to cover upkeep. Recalling that Article 10 of the Convention permits the attachment of wages only within prescribed limits with a view to the maintenance of the worker and his family, it requests the Government to supply information on measures taken to give effect to this provision of the Convention.

Articles 12(2), 13(1) and 14. The Committee noted the Government's intention to take measures to ensure a final settlement of wages upon the termination of an employment contract in the manner stipulated in Article 12(2); to provide that the wages may be paid on working days only (Article 13(1)) and to ensure that the workers are informed of the conditions in respect of wages before they enter employment and when any changes take place (Article 14(a)). Please continue supplying in future reports information on any progress made in this connection.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in reply to its previous comments regarding Articles 8(2) and 12(1) of the Convention. It would be grateful if the Government would provide a copy of the provisions of the Civil Code giving effect to the Convention as amended to date as well as further information on the following points:

Article 4 of the Convention. The Committee notes the Government's indication that, under the Minimum Wage Act, the amount of any payment in kind shall be established by a ministerial decree. Please communicate copy of such ministerial decree.

Article 8(1). Please supply further information on the conditions under which deductions from wages may be made by virtue of section 1614(r), items a to h, as well as on the repayment of the deducted sum under section 1614(s).

Article 10. The Committee notes the Government's indication that the worker's wage may be seized completely if it is to cover upkeep. Recalling that Article 10 of the Convention permits the attachment of wages only within prescribed limits with a view to the maintenance of the worker and his family, it requests the Government to supply information on measures taken to give effect to this provision of the Convention.

Articles 12(2), 13(1) and 14. The Committee notes the Government's intention to take measures to ensure a final settlement of wages upon the termination of an employent contract in the manner stipulated in Article 12(2); to provide that the wages may be paid on working days only (Article 13(1)) and to ensure that the workers are informed of the conditions in respect of wages before they enter employment and when any changes take place (Article 14(a)). Please continue supplying in future reports information on any progress made in this connection.

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

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 matters raised in its previous direct request, which read as follows:

The Committee notes the first report of the Government. It hopes that the Government will provide further information on the following points:

Article 4 of the Convention. The Committee notes that section 1613(n) of the Civil Code authorises the payment of wages partly in cash, partly in kind. It notes, however, that section 1614(t) of the Code permits the payment of wages entirely in kind, contrary to Article 4, paragraph 1, of the Convention under which national laws or regulations may authorise the partial payment of wages in the form of allowances in kind. The Committee trusts that, when an occasion arises, measures will be taken to bring the law into conformity. Meanwhile, it asks the Government to provide any information on the aspplication of provisions relating to payment of wages in kind.

Article 8, paragraph 1. The Committee notes that deductions of wages are authorised by section 1614(z) of the Civil Code. Please indicate the extent to which these deductions may be made.

Article 8, paragraph 2. Please indicate the measures taken or contemplated to inform the workers of the conditions under which and the extent to which the deductions of wages may be made, as required by this provision of the Convention.

Article 12, paragraph 1, and Article 13, paragraph 1. The Committee notes that section 1614(l) of the Civil Code ensures regular payment of wages as required by Article 12, paragraph 1, of the Convention. It also notes from the information supplied by the Government of Netherlands Antilles that there are no statutory regulations providing that the wages may be paid on working days only, which is required by Article 13, paragraph 1, of the Convention, but that the general practice is to pay the weekly wages on the last working day of the month. The Committee points out that this practice would be contradictory to the provisions of section 1614(l) of the Civil Code under which the wages fixed per week shall be paid after every week, periods of payment which may only be lengthened subject to the written authorisation of the Governor. It hopes that the Government will supply information on the practice prevailing in Aruba with regard to the payment of wages.

Article 12, paragraph 2. Please indicate the measures taken or contemplated to ensure that a final settlement of wages upon the termination of a contract of employment is effected in the manner stipulated by this provision of the Convention.

Article 14(a). Please indicate the measures taken or contemplated to ensure that the workers are informed of the conditions in respect of wages before they enter employment and when any changes take place.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the first report of the Government. It hopes that the Government will provide further information on the following points:

Article 4 of the Convention. The Committee notes that section 1613(n) of the Civil Code authorises the payment of wages partly in cash, partly in kind. It notes, however, that section 1614(t) of the Code permits the payment of wages entirely in kind, contrary to Article 4, paragraph 1, of the Convention under which national laws or regulations may authorise the partial payment of wages in the form of allowances in kind. The Committee trusts that, when an occasion arises, measures will be taken to bring the law into conformity. Meanwhile, it asks the Government to provide any information on the aspplication of provisions relating to payment of wages in kind.

Article 8, paragraph 1. The Committee notes that deductions of wages are authorised by section 1614(z) of the Civil Code. Please indicate the extent to which these deductions may be made.

Article 8, paragraph 2. Please indicate the measures taken or contemplated to inform the workers of the conditions under which and the extent to which the deductions of wages may be made, as required by this provision of the Convention.

Article 12, paragraph 1, and Article 13, paragraph 1. The Committee notes that section 1614(l) of the Civil Code ensures regular payment of wages as required by Article 12, paragraph 1, of the Convention. It also notes from the information supplied by the Government of Netherlands Antilles that there are no statutory regulations providing that the wages may be paid on working days only, which is required by Article 13, paragraph 1, of the Convention, but that the general practice is to pay the weekly wages on the last working day of the month. The Committee points out that this practice would be contradictory to the provisions of section 1614(l) of the Civil Code under which the wages fixed per week shall be paid after every week, periods of payment which may only be lengthened subject to the written authorisation of the Governor. It hopes that the Government will supply information on the practice prevailing in Aruba with regard to the payment of wages.

Article 12, paragraph 2. Please indicate the measures taken or contemplated to ensure that a final settlement of wages upon the termination of a contract of employment is effected in the manner stipulated by this provision of the Convention.

Article 14(a). Please indicate the measures taken or contemplated to ensure that the workers are informed of the conditions in respect of wages before they enter employment and when any changes take place.