Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee notes the Government's report as well as the Labour Code as amended most recently by Act No. 100 of 1992. It requests the Government to supply further information on the following points.

Article 1 of the Convention. The Committee asks the Government to indicate whether the term "labour remuneration" is defined in any manner for the purpose of the Labour Code. Please refer also to the question raised under Article 8 below.

Article 4. The Committee notes that section 269(2) of the Code allows the payment of bonus in kind. Please indicate the measures taken to prohibit the payment in the form of alcoholic liquor or of noxious drugs (paragraph 1), and also to ensure that such payment in kind is appropriate for the personal use and benefit of the worker and his/her family and that the value attributed to it is fair and reasonable (paragraph 2).

Article 6. Please indicate the measures taken to prohibit employers from limiting the worker's freedom to dispose of his or her wages.

Article 7. Please indicate the measures taken to ensure that workers are free from any coercion to make use of works stores or services operated by the employer (paragraph 1) and that goods and services are offered at fair and reasonable prices, or that the stores and services are not operated for profit (paragraph 2).

Articles 8 and 10. (i) Please indicate the limits of deductions from wages set out in the Code of Civil Procedures, as referred to in section 272(2) of the Code. (ii) The Committee notes the Government's indication that benefits and other payments not due to labour relations are not protected under section 272 of the Code. Recalling that the definition under Article 1 of the Convention covers any remuneration or earnings, however designated or calculated, payable in virtue of a contract of employment, the Committee requests the Government to confirm that this provision of the Code covers not only the basic wage but also other allowances and benefits paid by the employer by virtue of an employment contract. (iii) The Committee notes the Government's indication to the effect that, if the worker gives consent, deductions from wages can be made without any further restriction. It points out that Article 8(1) of the Convention provides that both the conditions and the extent of deductions from wages should be prescribed by national laws or regulations or fixed by collective agreements or arbitration awards. Please indicate steps envisaged to give effect to this provision, as the worker's consent does not make the provisions of the Article inapplicable.

Article 9. The Committee notes from the information received in the Government's 1993 report on the Convention on Placing of Seamen (No. 9), that Regulations No. 1 of 30 July 1991, on the conditions and procedures for the carrying out of intermediary activities in supplying information and placing, are applicable to all branches of economic activity, and that, under section 6 of the Regulations, fees may be charged by the intermediary to the person seeking employment for the mediation in making an employment contract - up to 25 per cent of the first wage per month received at the workplace occupied. The Committee recalls that under Article 9 any deduction from wages with a view to ensuring, among others, a payment made by a worker to any intermediary should be prohibited. It asks the Government to indicate the measures taken to give effect to this provision.

Article 11. (i) The Committee notes the Government's explanation concerning two laws, i.e. the Commercial Act (Official Gazette No. 63 of 1994) and the Act on Obligations and Contracts, both of which provide the priority of creditors in the event of insolvency, but in slightly different manners. Please indicate the respective scope of application of these two Acts. The Committee also notes that, according to the Government, the Act on Obligations and Contracts puts the claims based on labour relations in the fifth place together with claims by other persons, which is not in conformity with Article 11(2) of the Convention, and asks the Government to indicate measures taken to give full effect to this provision. (ii) The Committee notes the Government's indication that, under section 722(2) of the Commercial Act, when the funds are not enough to cover all the claims, they will be distributed among the creditors "in the order of proportionality". Please clarify what is meant by the term "in the order of proportionality". (iii) Finally, the Committee asks the Government to supply texts of the relevant provisions of the Acts mentioned above.

Article 12(2). Please indicate the measures taken to ensure the final settlement of all wages due upon the termination of an employment relation.

Article 13. Please indicate the measures taken to ensure that wages are paid on working days only.

Article 15(d). Please indicate the measures taken for the maintenance of adequate records regarding the payment of wages.