Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

With reference to its previous comments, the Committee notes the detailed explanations provided by the Government on the matters raised in its previous comments.

Article 11 of the Convention. The Committee points out that the following provisions are not sufficient to give effect to Article 11, paragraph 1, of the Convention: section 31(1)(e), respecting clerical workers, of Labour Decree No. 157, which provides that every contract shall contain the rate of remuneration and the method of calculation thereof, the manner and time of payment of the remuneration, the advances of remuneration, if any, and the manner of payment of such advances; section 48(1)(g) of the above Decree, which provides that the employer may be required to produce any pay sheets or whatsoever document relating to the employment of any of his workers; nor section 17 of Legislative Instrument 632, which provides that every employer who employs persons to whom a minimum remuneration order applies shall keep a record of the remuneration paid to the persons concerned. Article 11, paragraph, 1 of the Convention includes among its provisions that measures shall be taken to issue to workers statements of wage payments. Furthermore, although sections 53, 54 and 55 of Labour Decree No. 157 admittedly contain various provisions for the protection of wages, there are no specific provisions to make it compulsory to pay wages direct to the worker, to prohibit the payment of wages in stores or to make it compulsory to pay wages at regular intervals, as required by paragraphs 3, 5 and 6 of Article 11 of the Convention.

The Committee recalls that in the comment that it made in 1983 it noted the Government's intention to take the necessary measures to bring Labour Decree No. 157 into conformity with the Convention on these points. At that time, the Committee pointed out that, even if difficulties arose as regards the amendment of the Labour Decree in the near future, all the above points could be covered by amending the Labour Regulations, Legislative Instrument 632, along the lines discussed with the regional adviser in 1981. The Committee therefore requests the Government to indicate the measures that it intends to take in order to bring the national legislation into conformity with this Article of the Convention.

Article 12. The Committee notes the explanations provided by the Government concerning the provisions of Labour Decree No. 157 which, in its opinion, give effect to this Article. The Committee once again points out that this Article of the Convention requires that measures be taken to regulate advances on wages. The Committee therefore hopes that the Government will take the necessary measures to bring the national legislation into conformity with this Article of the Convention, taking into account the fact that the Government itself indicated in previous reports that measures will be taken to this effect. It requests the Government to inform it of the measures that have been taken in this respect.

The Committee also notes the information communicated by the FAO in its letter of 25 February 1991.