Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Article 2 of the Convention. With reference to its previous comments, the Committee notes the explanations provided by the Government concerning seasonal workers, particularly those engaged in cotton and maize harvesting, who are excluded from the scope of the Individual Labour Relations Act of 1981. The Government considers that these workers enjoy advantageous conditions because they usually receive food, lodging and the payment in cash. The Committee notes the Government's indication that studies are under way with a view to extending the protection of the Act of 1981 to such workers or to apply to them the protection afforded by the Convention. Please indicate the progress made in this regard.

Article 4. The Committee notes that the regulations to implement section 59(b) of the Individual Labour Relations Act are still under consideration. The Committee hopes that the Government will be able to adopt the regulations in the near future and that it will provide a copy of them. It recalls that the adoption of these regulations has been the subject of discussion for some time and that the provisions were to regulate the payment of wages in kind. The Committee also notes the information provided under Article 2 and hopes that the Government will take into consideration the situation of seasonal agricultural workers.

Article 8. The Committee notes the Government's indication that the Individual Labour Relations Act is now under revision. It recalls that the Government's intention was that the amendment of section 12, paragraph 8, in conjunction with section 14 of the Act, should bring them into conformity with the provisions of this Article of the Convention. The Committee hopes that the Government will adopt this amendment in the near future and that it will provide a copy of the amended text.

Article 9. The Committee notes the Government's repeated reference to section 51 of the Individual Labour Relations Act, which prohibits the labour court from executing an employment contract that obliges the worker to give up any amount due to him from the employer or that obliges him to pay to the employer. The Committee points out that this provision of the Convention calls for the prohibition of any deduction from wages for the purpose of obtaining or retaining employment. The above section 51 does not suffice for this purpose. The Committee hopes that the proposed amendment to the Individual Labour Relations Act noted above under Article 8 will also give effect to Article 9 of the Convention.

Article 10. The Committee notes the Government's reference to sections 5, 12(1) and 51 of the Individual Labour Relations Act, which concern, respectively, the employment contracts, payment of wages in cash in general with the possibility of partial payment in kind, and the prohibition of execution by the court of certain kinds of employment contracts. The Committee notes that, among the provisions mentioned, section 51 provides certain protection against attachment. It also notes that section 28 of Act No. 61 of 1991 on the Public Service, received from the Government, prescribes the conditions and limit for the attachment of wages in the public service. The Committee points out however that these provisions do not give full effect to the provisions of the Convention. It hopes that the amendment of the Individual Labour Relations Act will be made taking this point also into account.

Article 14. The Committee notes the Government's reference to section 5(2) of the 1981 Act, concerning written contract. It points out that section 5(4) and (5) point to the existence of oral contract. The Committee also notes that sections 10 and 11 to which the Government refers do not ensure the application of this Article. It hopes that appropriate measures, such as adoption of regulations, will soon be taken to ensure: (i) that workers engaged under an oral employment contract be informed before they enter employment of the wages conditions applicable to them and (ii) that all workers be informed at the time of each payment of wages, of particulars of their wages.

Article 15(d). The Committee recalls that section 49 of the Act provides for the maintenance of record in the form as stipulated by the regulations to be adopted by virtue of section 59(d). The Committee hopes that the Government will be able to indicate in the near future that the necessary regulations have been adopted.