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

The Committee notes the information supplied by the Government in its report, particularly as regards Articles 4 and 15 of the Convention. It hopes that the Government will provide further information on the following provisions.

Article 2 of the Convention. The Committee notes that domestic servants are covered by Statutory Instrument No. 105 of 1981. It notes, however, that this legislation only concerns minimum wages. Please indicate how these workers are protected in respect of the other subjects covered by the Convention.

It also notes that there has been no exemption in practice from the coverage of the provisions of the Labour Ordinance. However, the Committee recalls that it suggested that the Government consider the possibility of restricting the very wide discretion accorded to the Minister regarding exemptions. It would be grateful if the Government would indicate in future reports the measures that have been taken or are envisaged to this effect.

Article 7. With reference to its previous comments, the Committee notes that, according to the Government, the Minister has not adopted regulations to govern the establishment and use of stores, in accordance with the provisions of section 14 (a) of the Ordinance. Please indicate the measures that have been taken or are contemplated to give effect in practice to this section.

Article 8. The Committee notes that, according to the Government, the power endowed upon the Commissioner by section 106(4) of the Ordinance has not been used. However, since this provision gives the Commissioner a very wide discretion which could effectively nullify the protection granted by the detailed listing in subsection 1 of section 106, the Committee recalls its suggestion that the Government consider amending this provision to limit the discretion of the Commissioner in this respect. Please indicate the measures that have been taken or are envisaged in this respect. (See also Article 10 below.)

Article 10. With reference to its previous comments, the Committee notes that, according to the Government, the assignment of wages is not regulated. Please indicate the measures that have been taken or are envisaged in this respect.

The Committee also points out that, as regards the attachment of wages, it noted 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 a practice 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 a cumulative limit on all attachments, assignments and deductions from wages.

Article 14. The Committee notes the explanations provided by the Government. It would be grateful if the Government would indicate the measures that have been taken or are envisaged in order to give effect to the Convention in all cases.