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Repetition Article 11 of the Convention. Protection of workers’ claims in case of their employers’ insolvency. Further to its previous comments, the Committee notes that section 39 of the Bankruptcy Act protects workers’ claims in case of bankruptcy by listing all wage-related debts among those that must be paid in priority to all other debts.
Repetition Article 16 of the Convention. Measures giving effect to the provisions of the Convention. The Committee has been commenting for more than 20 years on the absence of express provisions in the labour legislation giving effect to specific requirements of the Convention, such as the need to limit the attachment of wages to the extent necessary for the maintenance of the worker and his/her family (Article 10), the privileged protection of wage claims in the case of the employer’s bankruptcy (Article 11), the payment of wages on working days and at the workplace (Article 13(1)), and the issue of a pay slip at the time of each payment of wages (Article 14(b)). In its latest report, the Government indicates that certain changes are being considered in the context of the ongoing revision of the Labour Act (Cap. 73). Noting that the labour law reform process has been launched in 2005, the Committee hopes that the Government will take timely action to complete that process and to bring the national legislation into full conformity with the provisions of the Convention.
Repetition Article 16 of the Convention. Measures giving effect to the provisions of the Convention. The Committee has been drawing the Government’s attention for several years to the fact that certain requirements of the Convention are not reflected in the national legislation and that the mere fact that no problems have so far been encountered in practice does not absolve the Government from its obligation to give specific legislative expression, when necessary, to the standards set out in the Convention. In its last report, the Government indicates that the labour law reform process launched in 2005 is still being pursued in consultation with employers’ and workers’ organizations and with ILO’s technical support. Recalling that there are no specific legal provisions addressing the attachment and assignment of ages (Article 10), the privileged protection of wage claims in the case of the employer’s bankruptcy (Article 11), the payment of wages in regular intervals (Article 12), or the payment of wages on working days and at the workplace (Article 13), the Committee requests the Government to keep the Office informed of any progress made in this regard and to transmit a copy of the revised legislation once it has been adopted.Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, information concerning the number of workers covered by the relevant legislation, extracts from reports of the inspection services indicating the number and nature of violations reported and penalties imposed and any difficulties experienced in the application of the Convention.
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:
Article 16 of the Convention. Full information on measures giving effect to the provisions of the Convention. The Committee has been commenting for a number of years on the absence of specific legislative provisions giving effect to the provisions of Article 2(2) of the Convention (protection of wages of domestic workers), Article 10 (attachment and assignment of wages), Article 11 (protection of wage claims in the case of bankruptcy of the employer concerning those who are not covered by the Companies Act), Article 12(1) (regular payment of wages), and Article 13(1) (payment on working days only and at or near the workplace).
Moreover, in its last report, the Government stated that a labour law reform was currently under way in collaboration with employers’ and workers’ organizations, and that the various issues raised in the Committee’s comments will be reviewed in the framework of this reform. The Committee hopes that the review process will be completed shortly and that concrete progress will be made on the application of the abovementioned provisions.
Part V of the report form. Application in practice. The Committee requests the Government to supply all available information on the manner in which the Convention is applied in practice, including for instance, extracts from official reports, statistics on inspection visits indicating the number of infringements reported and sanctions imposed, and any other information bearing on the practical implementation of the requirements laid down in the Convention.
In reply to these comments, the Government maintained that no particular problem had been encountered in the application of the Convention in practice and therefore no steps had been taken for the adoption of any additional laws or regulations. In this connection, the Committee wishes to refer to paragraph 510 of its 2003 General Survey on the protection of wages in which it emphasized that the mere fact that certain procedures or practices may not have given rise to complaints, or that certain practices which have to be controlled under the terms of the Convention do not exist or are unlikely to occur in some countries, does not absolve the governments of those countries from their obligation to give specific legislative expression, when necessary, to the standards set out in the Convention.
The Committee has been commenting for a number of years on the absence of specific legislative provisions giving effect to the provisions of Article 2, paragraph 2, of the Convention (protection of wages of domestic workers), Article 10 (attachment and assignment of wages), Article 11 (protection of wage claims in the case of bankruptcy of the employer concerning those who are not covered by the Companies Act), Article 12, paragraph 1 (regular payment of wages), and Article 13, paragraph 1 (payment on working days only and at or near the workplace).
Part V of the report form. The Committee requests the Government to supply all available information on the manner in which the Convention is applied in practice, including for instance, extracts from official reports, statistics on inspection visits indicating the number of infringements reported and sanctions imposed, and any other information bearing on the practical implementation of the requirements laid down in the Convention.
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:
In reply to these comments, the Government maintains that no particular problem has been encountered in the application of the Convention in practice and therefore no steps have been taken for the adoption of any additional laws or regulations. In this connection, the Committee wishes to refer to paragraph 510 of its 2003 General Survey on the protection of wages in which it emphasized that the mere fact that certain procedures or practices may not have given rise to complaints, or that certain practices which have to be controlled under the terms of the Convention do not exist or are unlikely to occur in some countries, does not absolve the governments of those countries from their obligation to give specific legislative expression, when necessary, to the standards set out in the Convention.
Moreover, in its last report, the Government states that a labour law reform is currently under way in collaboration with employers’ and workers’ organizations, and that the various issues raised in the Committee’s comments will be reviewed in the framework of this reform. The Committee hopes that the review process will be completed shortly and that concrete progress will be made on the application of the abovementioned provisions.
With reference to its previous comments, the Committee notes the Government’s indication in the report to the effect that, although no specific national legislation exists, there has been no problem of application of the Convention in practice as regards Article 2, paragraph 2, of the Convention (Protection of wages of domestic workers), Article 11 (Protection of wages in the case of bankruptcy of the employer concerning those who are not covered by the Companies Act), Article 12, paragraph 1 (Regular payment of wages), and Article 13, paragraph 1 (Payment on working days only and at or near the workplace). The Committee requests the Government to give the matter another consideration on an appropriate occasion so as to bring national legislation into conformity with the above provisions of the Convention as well as with the practice, and to report any development in this regard.
Article 10. In the absence of the Government’s response, the Committee again requests it to indicate the manner in which and the limits within which the attachment and the assignment of wages are permitted.
With reference to its previous comments, the Committee notes the Government’s indication in the report to the effect that, although no specific national legislation exists, there has been no problem of application of the Convention in practice as regards Article 2, paragraph 2, of the Convention (Protection of wages of domestic workers), Article 11 (Protection of wages in the case of bankruptcy of the employer concerning those who are not covered by the Companies Act), Article 12, paragraph 1 (Regular payment of wages), and Article 13, paragraph 1 (Payment on working days only and at or near the workplace). The Committee requests the Government to give the matter another consideration on an appropriate occasion so as to bring national legislation into conformity with the above provisions of the Convention as well as with the practice, and to report any development in this regard. Article 10. In the absence of the Government’s response, the Committee again requests it to indicate the manner in which and the limits within which the attachment and the assignment of wages are permitted.
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:
With reference to its previous comments, the Committee notes the Government's indication in the report to the effect that, although no specific national legislation exists, there has been no problem of application of the Convention in practice as regards Article 2, paragraph 2, of the Convention (Protection of wages of domestic workers), Article 11 (Protection of wages in the case of bankruptcy of the employer concerning those who are not covered by the Companies Act), Article 12, paragraph 1 (Regular payment of wages) and Article 13, paragraph 1 (Payment on working days only and at or near the workplace). The Committee requests the Government to give the matter another consideration on an appropriate occasion so as to bring national legislation into conformity with the above provisions of the Convention as well as with the practice, and to report any development in this regard.
Article 10. In the absence of the Government's response, the Committee again requests it to indicate the manner in which and the limits within which the attachment and the assignment of wages are permitted.
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:
Article 2, paragraph 2 of the Convention. The Committee noted that domestic workers were not included in the definition of "worker" in the Labour Act, but that the provisions of the Labour Ordinance, Cap. 28 had been applied to domestic servants under the Labour (Domestic Servants) Rules, 1968. It hopes that the Government will supply information on any further special rules made in respect of these workers.
Article 10. The Committee noted that attachment and assignment of wages were specifically excluded, under section 10(1) of the Labour Act, from the limits imposed on deductions. Please indicate the manner in which and the limits within which the attachment and the assignment of wages are permitted.
Article 11. The Committee noted that section 299 of the Companies Act met the requirements of Article 11, but that its application was limited to clerks, servants, workmen and labourers. Please indicate what arrangements have been made to apply the provisions of this Article to workers who are not covered by the Companies Act.
Article 12, paragraph 1. The Committee noted that there are no provisions for regular payment of wages, although section 15 of the Labour Act lays down certain conditions for monthly payment of wages, and section 18 of the Employment Act requires every employer to keep records of when the remuneration is payable. It hopes that the Government will take the appropriate measures to bring the legislation into conformity with the Convention in the near future.
Article 13, paragraph 1. Please indicate what measures have been taken to give effect to this Article, which stipulates that the payment of wages where made in cash is to be made on working days only and at or near the workplace.
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:
Article 2, paragraph 2 of the Convention. The Committee notes that domestic workers are not included in the definition of "worker" in the Labour Act, but that the provisions of the Labour Ordinance, Cap. 28 have been applied to domestic servants under the Labour (Domestic Servants) Rules, 1968. It hopes that the Government will supply information on any further special rules made in respect of these workers.
Article 10. The Committee notes that attachment and assignment of wages are specifically excluded, under section 10(1) of the Labour Act, from the limits imposed on deductions. Please indicate the manner in which and the limits within which the attachment and the assignment of wages are permitted.
Article 11. The Committee notes that section 299 of the Companies Act meets the requirements of Article 11, but that its application is limited to clerks, servants, workmen and labourers. Please indicate what arrangements have been made to apply the provisions of this Article to workers who are not covered by the Companies Act.
Article 12, paragraph 1. The Committee notes that there are no provisions for regular payment of wages, although section 15 of the Labour Act lays down certain conditions for monthly payment of wages, and section 18 of the Employment Act requires every employer to keep records of when the remuneration is payable. It hopes that the Government will take the appropriate measures to bring the legislation into conformity with the Convention in the near future.
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 with interest the information supplied in the Government's first report. It would appreciate receiving further information on the following points:
Article 11. The Committee notes that section 299 of the Companies Act meets the requirements of Article 11, but that its application is limited to clerks, servants, workmen and labourers. Please indicate in the next report what arrangements have been made to apply the provisions of this Article to workers who are not covered by the Companies Act.