Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Articles 1 and 4, paragraph 2, of the Convention. The Committee understands from the definition contained in section 2 of the Labour Code and from the explanations given by the Government, that the partial payment of wages in kind is authorized. The Committee asks the Government to indicate the industries or occupations in which this method of payment may be authorized and the measures that have been taken in such cases to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his family, and that the value attributed to such allowances is fair and reasonable, in accordance with the above provisions of the Convention.

Article 2. Section 3 of the Labour Code provides that the Code shall be applicable to all the sectors prescribed thereunder (i.e. state civil sector and public sector, productive and services cooperative sector, mixed sector, private sector and any foreign sector to which the laws of the State are applicable), and that rules shall specify the scope and extent of the law in accordance with the working conditions and the peculiarities in each case. The Committee asks the Government to indicate whether such rules have been adopted and, if so, to provide a copy of them. The Committee also asks the Government to state whether the agricultural sector is also covered by the provisions of the Labour Code.

Article 8, paragraphs 1 and 2. The Committee observes that section 66 of the Labour Code provides that wages may not be attached except by court order, but makes no provision for a similar prohibition in respect of deductions from wages, whereas the above Article of the Convention provides that 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, of which workers must be informed. The Committee asks the Government to indicate under what conditions and to what extent deductions from wages are permitted, stating the concrete arrangements that have been made (other than the general discussions and public meetings referred to in the report) to inform the workers concerned (such as wage slips). The Committee also hopes that a formal provision reflecting the substance of Article 8 of the Convention will be incorporated in the national legislation when it is next revised.

Article 10. The Committee notes that the Labour Code contains no formal provision prohibiting also the assignment of wages within the limits laid down by the Convention. In its earlier report, the Government referred to section 7(a) of the Labour Code, which stipulates that any Act which compels workers to relinquish their rights arising out of the work contract is null and void and that this provision also covers assignment of wages. The Committee took due note of this statement. It would none the less be desirable for a formal provision prohibiting the assignment of wages to be incorporated into the legislation when it is next revised.

The Committee hopes that the legislative reform currently taking place will take into consideration the points raised and asks the Government to furnish the relevant texts with its report.