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 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Further to its previous comments, the Committee regrets to note that the Government has been unable to indicate any progress with respect to the specific points that the Committee has been raising for a number of years.

Article 2 of the Convention. Exclusions from the scope of application. The Committee recalls that the Convention applies to all persons to whom wages are paid or payable and that any categories of persons that the Government might propose to exclude from its scope of application should have been indicated in the first annual report following ratification. The Committee therefore considers that any use of section 112 of the Labour Act (Cap. 297), whereby the Minister would decide to exempt any category of non-manual workers from Part X of the Labour Act on the protection of wages would be inconsistent with the provisions of this Article of the Convention. Even though there has been no reliance on this section to exempt any workers, the Committee regards the very existence of a legislative provision that permits such exemption as incompatible with the Convention. It accordingly requests the Government to consider amending the Labour Act in this respect and to keep the Office informed of any steps taken to this end.

Article 4. Partial payment of wages in kind. The Committee notes that section 107(1) of the Labour Act reproduces the terms of the Convention without specifying, however, the means by which these requirements are applied in practice, in particular how it is ensured that only allowances in kind appropriate for the personal use and benefit of the worker and his/her family are permissible and also that the value attributed to such allowances is fair and reasonable. In this connection, the Committee draws the Government’s attention to
paragraphs 144–160 of the General Survey of 2003 on the protection of wages which offer some guidance as to possible ways in which legislative conformity with the Convention may be attained (e.g. general prohibition of payments in kind except for food and lodging, intervention of public officials in authorizing the type and cash value of payments in kind, or cash value of authorized goods and services fixed by law, setting an overall limit on the proportion of the wages in cash which may be replaced by benefits in kind, etc.). The Committee would appreciate if the Government would provide additional explanations in this regard.

Article 7. Works stores. While noting the Government’s indication that the regulations provided for in section 114(a) of the Labour Act for the establishment and control of commissaries or shops conducted by employers at places remote from town and villages have not so far been issued, and that in any case company stores are subject to regular labour inspection by labour officers, the Committee requests the Government to keep the Office informed of any further developments concerning the adoption of those regulations.

Articles 8 and 10. Wage deductions and attachment of wages. The Committee notes the Government’s statement that no overall limit has as yet been set for the protection of workers’ earnings in the case of multiple wage attachments and deductions. In this connection, the Committee wishes to refer to paragraph 296 of the aforementioned General Survey in which it pointed out the importance of an overall limit beyond which wages could not be further reduced in order to protect the workers’ income. The Committee also emphasized that the net cash wage received by workers should in all cases be sufficient to ensure a decent living income for themselves and their families, and deductions or attachments should not be permitted to such an extent that would risk rendering meaningless the principle set out in Article 6 of the Convention concerning the freedom of workers to dispose of their wages. The Committee therefore requests the Government to specify the measures it intends to take in order to give full effect to these Articles of the Convention. It further asks the Government to indicate whether any action has been taken or envisaged with a view to regulating the assignment of wages in accordance with the Convention.

Article 14. Wage statements. The Committee notes the Government’s statement that despite the absence of an express legislative provision to this effect, as a matter of practice, workers are issued a pay slip or sign a register which states the particulars of the worker’s wages at the time of each payment. The Committee recalls in this respect paragraph 460 of the same General Survey in which it considered that being sufficiently informed of wage particulars, such as all the various wage components and the applicable rates, the method of calculation and compulsory deductions, is now almost as important as being paid on time and in full, and is in any event indispensable for a full understanding of the manner in which the amount of wages due is reckoned.  Indeed, the need to ensure greater transparency and protection of workers’ rights has raised the principle of keeping workers adequately informed of their wage conditions to the level of one of the fundamental requirements of the Convention. The Committee therefore requests the Government to take all appropriate measures to bring its national legislation into line with practice in so far as the issue of wage statements is concerned.

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

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 read as follows:

The Committee notes the 2000 Revised Edition of the Labour Act (Cap. 297). It would be grateful if the Government would supply additional information on the following points.

Article 2, paragraph 2, of the Convention. The Committee recalls its suggestion made in previous comments that the Government should consider the possibility of restricting the very wide discretion accorded to the minister under section 112 of the Labour Act regarding exemptions from its scope. It hopes that the Government will take the necessary steps at the earliest possible occasion and requests the Government to indicate in future reports any progress achieved in this regard.

Article 7. While noting the general explanations provided by the Government in its 2002 report on price-controlled products, the Committee understands that no regulations for the establishment and control of the commissaries or shops referred to in section 114(a) of the Labour Act have as yet been adopted. It therefore requests the Government to indicate the measures taken or contemplated to give effect in practice to this Article of the Convention.

Articles 8 and 10. The Committee recalls its previous comments regarding the absence of an overall limit on the amount of wages which may be attached or deducted under sections 106 and 110 of the Labour Act, so as to safeguard the maintenance of the worker and his/her family. While noting the Government’s earlier indication that the Committee’s suggestions would be taken into account in the process of amending the Labour Ordinance, the Committee observes that the revised Labour Act (Cap. 297) still does not provide for an overall limit with respect both to wage attachments and wage deductions. The Committee requests therefore the Government to indicate how the workers’ earnings are protected, in case of multiple deductions and attachments so as to avoid any unexpected decrease in remuneration which would compromise the workers’ ability to support themselves and their household.

In addition, with regard to the broad discretionary power conferred upon the Labour Commissioner by section 106(4) of the Labour Act to authorize wage deductions to such amounts and on such conditions as he may think fit, the Committee reiterates that this provision needs to be amended in order to limit the discretion of the Commissioner in this respect.

Moreover, with regard to the Government’s reference to section 98 of the Labour Act which permits a duly authorized person to receive a worker’s wage on his/her behalf, the Committee considers that this provision is not strictly relevant to the legal notion of assignment, i.e. the voluntary arrangement whereby part of the worker’s wages are paid directly to his/her creditor in settlement of his/her debts. The Committee therefore asks the Government once again to indicate the measures taken or envisaged in this respect.

Article 14. The Committee notes that, in its 2002 report, the Government referred to section 111 of the Labour Act which provides that employers must inform their workers either at the time of the offer of employment or as soon thereafter as to the wage conditions applicable to them. The Committee requests the Government to indicate how it is ensured that workers are duly informed of all subsequent changes concerning the conditions in respect of wages, and of the particulars of their wages at the time of each payment (for instance, by means of a wage statement indicating the gross and net amount of wages and any deductions made).

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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 2000 Revised Edition of the Labour Act (Cap. 297). It would be grateful if the Government would supply additional information on the following points.

Article 2, paragraph 2, of the Convention. The Committee recalls its suggestion made in previous comments that the Government should consider the possibility of restricting the very wide discretion accorded to the minister under section 112 of the Labour Act regarding exemptions from its scope. It hopes that the Government will take the necessary steps at the earliest possible occasion and requests the Government to indicate in future reports any progress achieved in this regard.

Article 7. While noting the Government’s general explanations on price-controlled products, the Committee understands that no regulations for the establishment and control of the commissaries or shops referred to in section 114(a) of the Labour Act have as yet been adopted. It therefore requests the Government to indicate the measures taken or contemplated to give effect in practice to this Article of the Convention.

Articles 8 and 10. The Committee recalls its previous comments regarding the absence of an overall limit on the amount of wages which may be attached or deducted under sections 106 and 110 of the Labour Act, so as to safeguard the maintenance of the worker and his/her family. While noting the Government’s earlier indication that the Committee’s suggestions would be taken into account in the process of amending the Labour Ordinance, the Committee observes that the revised Labour Act (Cap. 297) still does not provide for an overall limit with respect both to wage attachments and wage deductions. The Committee requests therefore the Government to indicate how the workers’ earnings are protected, in case of multiple deductions and attachments so as to avoid any unexpected decrease in remuneration which would compromise the workers’ ability to support themselves and their household.

In addition, with regard to the broad discretionary power conferred upon the Labour Commissioner by section 106(4) of the Labour Act to authorize wage deductions to such amounts and on such conditions as he may think fit, the Committee reiterates that this provision needs to be amended in order to limit the discretion of the Commissioner in this respect.

Moreover, with regard to the Government’s reference to section 98 of the Labour Act which permits a duly authorized person to receive a worker’s wage on his/her behalf, the Committee considers that this provision is not strictly relevant to the legal notion of assignment, i.e. the voluntary arrangement whereby part of the worker’s wages are paid directly to his/her creditor in settlement of his/her debts. The Committee therefore asks the Government once again to indicate the measures taken or envisaged in this respect.

Article 14. The Committee notes the Government’s reference to section 111 of the Labour Act which provides that employers must inform their workers either at the time of the offer of employment or as soon thereafter as to the wage conditions applicable to them. The Committee requests the Government to indicate how it is ensured that workers are duly informed of all subsequent changes concerning the conditions in respect of wages, and of the particulars of their wages at the time of each payment (for instance, by means of a wage statement indicating the gross and net amount of wages and any deductions made).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied by the Government in its report, in particular, the 2000 Revised Edition of the Labour Act (Cap. 297). It would be grateful if the Government would supply additional information on the following points.

Article 2, paragraph 2, of the Convention. The Committee recalls its suggestion made in previous comments that the Government should consider the possibility of restricting the very wide discretion accorded to the minister under section 112 of the Labour Act regarding exemptions from its scope. It hopes that the Government will take the necessary steps at the earliest possible occasion and requests the Government to indicate in future reports any progress achieved in this regard.

Article 7. While noting the Government’s general explanations on price-controlled products, the Committee understands that no regulations for the establishment and control of the commissaries or shops referred to in section 114(a) of the Labour Act have as yet been adopted. It therefore requests the Government to indicate the measures taken or contemplated to give effect in practice to this Article of the Convention.

Articles 8 and 10. The Committee recalls its previous comments regarding the absence of an overall limit on the amount of wages which may be attached or deducted under sections 106 and 110 of the Labour Act, so as to safeguard the maintenance of the worker and his/her family. While noting the Government’s earlier indication that the Committee’s suggestions would be taken into account in the process of amending the Labour Ordinance, the Committee observes that the revised Labour Act (Cap. 297) still does not provide for an overall limit with respect both to wage attachments and wage deductions. The Committee requests therefore the Government to indicate how the workers’ earnings are protected, in case of multiple deductions and attachments so as to avoid any unexpected decrease in remuneration which would compromise the workers’ ability to support themselves and their household.

In addition, with regard to the broad discretionary power conferred upon the Labour Commissioner by section 106(4) of the Labour Act to authorize wage deductions to such amounts and on such conditions as he may think fit, the Committee reiterates that this provision needs to be amended in order to limit the discretion of the Commissioner in this respect.

Moreover, with regard to the Government’s reference to section 98 of the Labour Act which permits a duly authorized person to receive a worker’s wage on his/her behalf, the Committee considers that this provision is not strictly relevant to the legal notion of assignment, i.e. the voluntary arrangement whereby part of the worker’s wages are paid directly to his/her creditor in settlement of his/her debts. The Committee therefore asks the Government once again to indicate the measures taken or envisaged in this respect.

Article 14. The Committee notes the Government’s reference to section 111 of the Labour Act which provides that employers must inform their workers either at the time of the offer of employment or as soon thereafter as to the wage conditions applicable to them. The Committee requests the Government to indicate how it is ensured that workers are duly informed of all subsequent changes concerning the conditions in respect of wages, and of the particulars of their wages at the time of each payment (for instance, by means of a wage statement indicating the gross and net amount of wages and any deductions made).

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

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:

Article 2 of the Convention. The Committee notes the Government’s reference to the Wages Regulation (Shop Assistants and Domestic Helpers) Order, 1993 (Statutory Instrument No. 22 of 1993), which covers domestic servants among others. It notes, however, that this legislation only concerns minimum wages. The Committee also recalls that it suggested the Government to consider the possibility of restricting the very wide discretion accorded to the Minister regarding exemptions from the scope of the Labour Ordinance. It notes the Government’s indication that a process is under way to amend the Labour Act, and hopes that these points will be taken into consideration in the said process.

The Committee further notes the Government’s indications that no measures have so far been taken to give effect to Articles 7, 8, 10 (as regards the assignment of wages) and 14 of the Convention. It hopes that necessary legislative measures will be taken through the abovementioned process to amend the Labour Act; to regulate the establishment and use of works stores (Article 7); to limit the discretion of the power of the Commissioner under section 106(4) of the Labour Ordinance in order not to nullify the protection granted under section 106(1) (Article 8); to regulate the assignment of wages (Article 10); and to ensure that the workers are informed of changes in their wages and of particulars of wage payments (Article 14).

The Committee also recalls that, as regards the attachment of wages, if sections 106 and 110 of the Ordinance are read together, and if up to 50 per cent of the wages can be attached, and one-third deducted, this could total some 87 per cent of the wages. Section 110(2) forbids such a practice in respect of attachments, but does not set an overall limit with respect both to attachments and deductions. Recalling that the aim of the Convention is the protection of wages to safeguard the maintenance of the worker and his family, the potential problem might be examined with a view to setting a cumulative limit on all attachments, assignments and deductions from wages.

The Committee requests the Government to report on any progress made in the process of amending the Labour Act taking into account the above comments.

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

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 reads as follows:

Article 2 of the Convention.  The Committee notes the Government’s reference to the Wages Regulation (Shop Assistants and Domestic Helpers) Order, 1993 (Statutory Instrument no. 22 of 1993), which covers domestic servants among others. It notes, however, that this legislation only concerns minimum wages. The Committee also recalls that it suggested the Government to consider the possibility of restricting the very wide discretion accorded to the Minister regarding exemptions from the scope of the Labour Ordinance. It notes the Government’s indication that a process is underway to amend the Labour Act, and hopes that these points will be taken into consideration in the said process.

The Committee further notes the Government’s indications that no measures have so far been taken to give effect to Articles 7, 8, 10 (as regards the assignment of wages) and 14 of the Convention. It hopes that necessary legislative measures will be taken through the above-mentioned process to amend the Labour Act; to regulate the establishment and use of works stores (Article 7); to limit the discretion of the power of the Commissioner under section 106(4) of the Labour Ordinance in order not to nullify the protection granted under section 106(1) (Article 8); to regulate the assignment of wages (Article 10); and to ensure that the workers are informed of changes in their wages and of particulars of wage payments (Article 14).

The Committee also recalls that, as regards the attachment of wages, if sections 106 and 110 of the Ordinance are read together, and if up to 50 per cent of the wages can be attached, and one-third deducted, this could total some 87 per cent of the wages. Section 110(2) forbids such a practice in respect of attachments, but does not set an overall limit with respect both to attachments and deductions. Recalling that the aim of the Convention is the protection of wages to safeguard the maintenance of the worker and his family, the potential problem might be examined with a view to setting a cumulative limit on all attachments, assignments and deductions from wages.

The Committee requests the Government to report on any progress made in the process of amending the Labour Act taking into account the above comments.

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

Article 2 of the Convention. The Committee notes the Government's reference to the Wages Regulation (Shop Assistants and Domestic Helpers) Order, 1993 (Statutory Instrument no. 22 of 1993), which covers domestic servants among others. It notes, however, that this legislation only concerns minimum wages. The Committee also recalls that it suggested the Government to consider the possibility of restricting the very wide discretion accorded to the Minister regarding exemptions from the scope of the Labour Ordinance. It notes the Government's indication that a process is underway to amend the Labour Act, and hopes that these points will be taken into consideration in the said process.

The Committee further notes the Government's indications that no measures have so far been taken to give effect to Articles 7, 8, 10 (as regards the assignment of wages) and 14 of the Convention. It hopes that necessary legislative measures will be taken through the above-mentioned process to amend the Labour Act; to regulate the establishment and use of works stores (Article 7); to limit the discretion of the power of the Commissioner under section 106(4) of the Labour Ordinance in order not to nullify the protection granted under section 106(1) (Article 8); to regulate the assignment of wages (Article 10); and to ensure that the workers are informed of changes in their wages and of particulars of wage payments (Article 14).

The Committee also recalls that, as regards the attachment of wages, if sections 106 and 110 of the Ordinance are read together, and if up to 50 per cent of the wages can be attached, and one-third deducted, this could total some 87 per cent of the wages. Section 110(2) forbids such a practice in respect of attachments, but does not set an overall limit with respect both to attachments and deductions. Recalling that the aim of the Convention is the protection of wages to safeguard the maintenance of the worker and his family, the potential problem might be examined with a view to setting a cumulative limit on all attachments, assignments and deductions from wages.

The Committee requests the Government to report on any progress made in the process of amending the Labour Act taking into account the above comments.

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

The Committee notes the information supplied by the Government in its report, particularly as regards Articles 4 and 15 of the Convention. It hopes that the Government will provide further information on the following provisions.

Article 2 of the Convention. The Committee notes that domestic servants are covered by Statutory Instrument No. 105 of 1981. It notes, however, that this legislation only concerns minimum wages. Please indicate how these workers are protected in respect of the other subjects covered by the Convention.

It also notes that there has been no exemption in practice from the coverage of the provisions of the Labour Ordinance. However, the Committee recalls that it suggested that the Government consider the possibility of restricting the very wide discretion accorded to the Minister regarding exemptions. It would be grateful if the Government would indicate in future reports the measures that have been taken or are envisaged to this effect.

Article 7. With reference to its previous comments, the Committee notes that, according to the Government, the Minister has not adopted regulations to govern the establishment and use of stores, in accordance with the provisions of section 14 (a) of the Ordinance. Please indicate the measures that have been taken or are contemplated to give effect in practice to this section.

Article 8. The Committee notes that, according to the Government, the power endowed upon the Commissioner by section 106(4) of the Ordinance has not been used. However, since this provision gives the Commissioner a very wide discretion which could effectively nullify the protection granted by the detailed listing in subsection 1 of section 106, the Committee recalls its suggestion that the Government consider amending this provision to limit the discretion of the Commissioner in this respect. Please indicate the measures that have been taken or are envisaged in this respect. (See also Article 10 below.)

Article 10. With reference to its previous comments, the Committee notes that, according to the Government, the assignment of wages is not regulated. Please indicate the measures that have been taken or are envisaged in this respect.

The Committee also points out that, as regards the attachment of wages, it noted that if sections 106 and 110 of the Ordinance are read together, and if up to 50 per cent of the wages can be attached, and one-third deducted, this could total some 87 per cent of the wages. Subsection 2 of section 110 forbids such a practice in respect of attachments, but does not set an overall limit with respect both to attachments and deductions. While this is not explicitly required by the Convention in these terms, the potential problem might be examined with a view to setting a cumulative limit on all attachments, assignments and deductions from wages.

Article 14. The Committee notes the explanations provided by the Government. It would be grateful if the Government would indicate the measures that have been taken or are envisaged in order to give effect to the Convention in all cases.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes with interest the Government's first report on the application of this Convention, which it was unable to examine at its previous session. It would be grateful if the Government would provide further information on the following provisions of the Convention:

Article 2 of the Convention. The Committee notes that section 182 of the Labour Ordinance permits the Minister to make regulations applying the Ordinance to domestic servants, which indicates that these workers are not otherwise covered. In addition, section 112 permits the Minister, after consultation with organisations of employers and workers, to exempt any category of non-manual workers from all or any of the provisions of the Part of the Ordinance concerning protection of wages, though these workers are covered by the Convention. Please indicate the current status of domestic workers under section 182, and whether any exemption from the coverage of the relevant Part of the Ordinance has been ordered under section 112. The Committee suggests more generally that the Government may wish to consider restricting the very wide discretion accorded the Minister in these respects, as the exercise of the power accorded by these sections would not be in conformity with the Convention.

Article 4. The Committee notes that section 107(1) of the Ordinance reproduces the terms of the Convention in respect of this Article, but that no indication is given in the report of how it is ensured in practice that any payments in kind are appropriate for the personal use and benefit of the family or that the value attributed to them is fair and reasonable.

Article 7. The Committee notes that section 114(a) of the Ordinance provides that the Minister may make regulations for the establishment and control of commissaries. Please indicate whether such regulations have been issued, and if so provide a copy.

Article 8. The Committee notes that section 106(4) of the Ordinance provides that subject to subsection 1 the Commissioner may authorise deductions of amounts other than those listed if he is satisfied that it "would be to the advantage of such worker". This gives the Commissioner a very wide discretion which could effectively nullify the protection granted by the detailed listing in subsection 1. Please indicate whether this provision has been used and under what circumstances. The Committee suggests that the Government may wish to consider amending this provision to limit the discretion of the Commissioner in this respect. See also under Article 10 below.

Article 10. The Committee notes that no provision has been found in respect of assignment of wages. Section 98 of the Ordinance permits the payment of wages to another if authorised in writing by the worker, which would permit assignment. Please indicate whether assignment is regulated in accordance with the requirements of this Article.

With respect to attachment of wages, the Committee notes that if sections 106 and 110 of the Ordinance are read together, and if up to 50 per cent of the wages can be attached, and one-third deducted, this could total some 87 per cent of the wages. Subsection 2 of section 110 forbids such cumulation in respect of attachments, but does not set an overall limit with respect both to attachments and deductions. While this is not explicitly required by the Convention in these terms, the potential problem might be examined with a view to setting an overall limit on all attachments, assignments and deductions from wages.

Article 14. No provision appears to exist for informing the worker of changes in wages when they take place, nor for providing information on the particulars of the wages at the time of each payment. Please indicate what measures have been taken or are contemplated in this respect.

Article 15. Section 16 of the Ordinance provides that such records are to be kept "as may be prescribed by regulations". Please indicate what regulations have been issued for this purpose.