Demande directe (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

The Committee notes from the Government's report that a new labour law is under final examination. It hopes that the following points will be taken into consideration, and that the Government will be able to indicate in its next report the progress achieved.

1. Article 2 of the Convention. The Committee notes that revision of regulations concerning domestic workers is under way in Parliament. It hopes that they will be adopted in the very near future and asks the Government to indicate any progress with a view to the application of the Convention to categories of workers presently excluded from its application in whole or in part.

The Committee also notes that the updated Agricultural Labour Law adopted in 1980-81 has a wider scope of application than article 1 of the Agricultural Labour Law of 1974. It asks the Government to confirm whether the categories of persons excluded from the application of the new law are the same as those under article 6 of the Law of 1974. The Committee requests the Government to provide a copy of the said new law.

2. Article 3. Please indicate what measures have been taken or envisaged to give effect to this Article.

3. Article 4. The Committee pointed out that under section 1, note 2 and section 4 of the Agricultural Labour Law, agricultural workers may be paid exclusively in the form of allowances in kind, and the manner of payment shall be fixed by mutual agreement. The Committee hopes that the Government will take the necessary measures to ensure that payments in kind are regulated by legislation, arbitration awards or collective (and not mutual) agreement and that they account for only part of the remuneration in accordance with the Convention.

4. Article 6. The Committee notes that the Government refers to section 13 of the regulation concerning minimum wages and its amendment. The Committee observes that section 13 deals with payments other than basic wages as annual bonuses or fringe benefits whether in cash or in kind. Recalling that Article 6 of the Convention is designed to ensure that no constraint is put on the worker's freedom to dispose of his wages (including annual bonuses and fringe benefits) after he has received them (for instance, by requiring him to make contributions to funds other than those approved by law), the Committee asks the Government to indicate the measures taken or contemplated to ensure the application of this provision of the Convention.

5. Article 7. The Committee notes the information provided by the Government on consumers' co-operatives. It recalls that Article 7 of the Convention is designed, inter alia, to ensure by legislation or other means that, where access to other stores or services is not available, the prices charged are fair and reasonable. The Committee asks the Government to indicate the measures taken or contemplated with a view to applying this provision of the Convention, by ensuring that stores or services as consumers' co-operatives are not operated for the purpose of securing a profit, but for the benefit of the workers concerned.

6. Articles 8 and 9. The Committee notes that the Government's report once again refers to section 17, paragraph 2, of the Agricultural Labour Law and to section 24 of the Labour Law. It recalls that the protection provided by these Articles of the Convention applies to all wages, not only to agricultural wages or minimum wages, and that section 24 of the Labour Law which regulates the attachment of wages (Article 10 of the Convention) rather than deduction, also permits the worker to pledge his wages without the fixing of any limits where a sum is due for the purchase of essential products from a co-operative society. The Committee asks the Government to indicate the measures taken to regulate deductions from wages and to inform the workers of the conditions under which and the extent to which such deductions may be made (Article 8) and to prohibit any deduction from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment (Article 9).

7. Article 12, paragraph 2. The Committee recalls its previous comments and asks the Government to take the necessary measures to regulate the final settlement of wages on termination of the employment relation in accordance with the Convention.

8. Article 15(c) and (d). The Committee notes that the Government's report contains no reply to the previous comments on these provisions. It hopes that appropriate measures will be adopted to prescribe adequate penalties in the case of infringements of all the relevant provisions and to require the maintenance of adequate records.