Demande directe (CEACR) - adoptée 1988, publiée 75ème session CIT (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.