Demande directe (CEACR) - adoptée 1987, publiée 74ème session CIT (1987)

The Committee notes the information communicated by the Government concerning Articles 3, 7 and 14 of the Convention.

Article 2. The Committee notes from the explanations supplied by the Government that many workers in the agricultural sector are covered by the legislation, in particular, those involved in the maintenance of machines and in various administrative tasks. It notes that agricultural workers in the public sector are covered by the legislation, while seasonal workers - particularly those engaged in the harvesting of cotton, corn and resin - are paid according to a participatory scheme. The Committee hopes that the Government will communicate with its next report an explanation of this participatory scheme and of how the rights of the workers concerned are protected in relation to the present Convention.

Article 4. The Committee notes the information communicated concerning this Article and requests the Government to forward to the Office a copy of the regulations applying section 59(b) of the Individual Labour Relations Act when they have been adopted.

Article 8. The Committee notes the explanations supplied by the Government. It would, nevertheless, point out that the scope of section 12(8) of the Individual Labour Relations Act appears much wider than that of section 14, which provides for conditions under which advances may be granted to workers and the amount of periodic deductions for the reimbursement of these advances. Section 12(8), on the other hand, provides that wages should be paid to the worker himself or to a person whom he has authorised in writing, except for deductions provided for in a written agreement between the two parties. This means that the agreement between a worker and an employer may cover not only deductions due to advances made by the employer, but also deductions for any other reason. The Committee recalls that this Article of the Convention aims to ensure that the deductions from wages shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award, and not left to the discretion of the parties as in section 12(8). The Committee would therefore be grateful if the Government would indicate in its next report the measures which have been taken or are contemplated to give effect to this Article of the Convention.

Article 9. The Committee notes the explanations provided by the Government concerning, in particular, section 51 of the Individual Labour Relations Act. The Committee notes that under this section the prohibition provided for in Article 9 of the Convention is not complete. Section 51 of the Act provides that courts may not enforce contracts the object of which is the assignment of all or part of the wages due to a worker from the employer, or which the employer has engaged to pay under a labour contract. The Committee thus hopes that the Government will take account of its comments when this legislation is amended.

Article 10. The Committee notes the explanations furnished by the Government. It recalls that under this Article the legislation should provide for the manner in which and the limits within which wages may be attached or assigned. As the Government indicated in its 1982 report, the national legislation contains no provisions on this subject, strictly speaking, and the restrictions which exist are the result of interpretation of other provisions. The Committee thus requests the Government to indicate in its future reports the measures which have been taken to regulate the attachment and assignment of wages in a clear way, for example, in the regulations which are to be adopted.

Article 14. The Committee notes the explanations supplied by the Government according to which workers engaged for a period of more than three months have the right to a written contract. Nevertheless, it notes that no provisions exist to ensure that: (a) workers engaged under an oral employment contract be informed before they enter employment of the wages conditions which are applicable to them, and (b) that all workers (whether under an oral or a written contract) be informed at the time of each payment of wages, of any changes in their wages. The Committee hopes that the Government will indicate in its next report what measures have been taken or are contemplated to apply this Article of the Convention. It recalls that this question may be appropriate for the adoption of regulations.

Article 15(d). The Committee hopes that the Government will be able to indicate in the near future that the necessary regulations have been adopted.