Observación (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

The Committee notes the information supplied by the Government in response to its previous observation.

Article 4 of the Convention. The Committee recalls that, according to the Government, Act No. 1876/90 provides for wages to be fixed by free collective bargaining in which the State does not intervene. In its last report, the Government indicates that certain collective agreements provide that employers must offer workers, over and above their wages, various allowances in kind additional to, and not counted in, their wages, such as a helmet, a pair of gloves, a work uniform or a daily or weekly amount of food. The Government also indicates that, to date, no collective agreements provide for wages to be paid in kind. It appears obvious to the Committee, however, that such payment could, theoretically, be permitted by collective bargaining. It therefore points out once again that this provision of the Convention requires legislative or regulatory measures to be adopted expressly prohibiting payment of wages totally in kind. Furthermore, where the law does allow part payment of wages in kind, it should at the same time ensure that such allowances bear a fair and reasonable value and are appropriate for the personal use and benefit of the worker and his family, as required by paragraph 2 of this Article of the Convention. In the Committee’s view, measures of this kind are the more important as the Government has itself stated in previous reports that total or partial payment of wages in kind appears still to exist in short-term employment in the agricultural sector. Consequently, the Committee trusts that the Government will be in a position to indicate, in accordance with the intention it has been stating for many years, the measures envisaged to ensure that this provision of the Convention is implemented by the adoption of laws or regulations.

Article 7. With regard to work stores, the Committee notes that they are operated like other commercial shops but sometimes charge less than market prices, that they serve not only workers, who are free to choose what they purchase there, but all consumers in general. The Committee would point out that, for the provisions of paragraph 2 of this Article to be applied, legislative or regulatory measures need to be adopted by the competent authority. The Government is therefore asked to send with its next report all the instruments or draft rules governing the operation of work stores that apply or will apply the provisions of this Article of the Convention.

[The Government is asked to reply in detail to the present comments in 2003.]