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

Article 2 of the Convention. Further to the previous comments, the Committee notes from the Government's report that there have been several regulations, either already approved or in course of approval, making special provisions for the personnel and employees of transport services (air, sea and land), fishermen, workers in the agricultural sector, as well as workers whose wages and earnings are provided by customers and clients. The Committee requests the Government to supply copies of such regulations or of a part of them concerning the protection of wages.

Article 3. The Committee notes the Government's statement that the entitlement of all workers to the "essential commodity coupons" is considered as a part of remuneration covered by section 34 of the Labour Code of 20 November 1990. It asks the Government to provide more detailed information on the use in practice of these coupons: for instance, are they usable in many places like a substitute money or are they rather exchangeable with specified commodities only? Please also supply a copy of the Regulations on these coupons.

Article 5. The Committee notes the Government's reference to sections 34, 37 and the Note to section 37 of the Code. Recalling that these provisions concern the definition of the term "remuneration" and the time and place of wage payment, respectively, but do not explicitly provide that the payment of wage should be made directly to the worker concerned, it again asks the Government to indicate measures taken to give effect to this Article.

Article 6. The Committee requests the Government to specify which national laws or regulations provide that wages belong to the worker and that employers are prohibited from limiting the freedom of the worker to dispose of his or her wages.

Article 7. Noting that the enclosure to the Government's report has not been received, the Committee would be grateful if the Government would supply a copy of the Regulations concerning workers' cooperative societies made under the Note to section 153 of the Code.

Articles 8 and 10. The Committee notes the Government's indication that only one-quarter of the worker's wage, if married, otherwise one-third, may be attached or assigned, under the provisions of the Civil Code. It requests the Government to provide the text of the provisions concerned.

Article 9. The Committee notes the Government's repeated statement that any direct or indirect withholding of the worker's wages, for the purpose of obtaining or retaining employment, is prohibited. It again asks the Government to supply a copy of the legislative provisions that set forth this prohibition.

Article 11. The Committee notes the Government's reference to Note 1 to section 13 of the Code, which provides that any amount due to a worker shall be considered as privileged debt in the context of contracts for piece-work where the worker is the contractor's personnel. It requests the Government to indicate measures taken or envisaged to ensure a similar protection of workers' wage claims in other cases of employment relation.

Articles 13 and 14(b). The Committee notes the Government's indication that the requirement under section 37 of the Code that wages should be paid during working hours implicitly means the payment should be made at or near the workplace, and also that this provision and its implied meaning are respected in practice. The Committee nevertheless hopes that the Government will take measures at a suitable occasion to ensure such practice (payment of wages at or near the workplace and information to workers on particulars of the wages liable to change from time to time) and will indicate any development in this regard.

Article 15(c). As to section 174 of the Code, to which the Government refers in the report, the Committee recalls that penalties prescribed in this provision cover only the offences under a part of the provisions of the Code concerning wage payment. It again requests the Government to indicate measures taken or envisaged to prescribe adequate penalties or other appropriate remedies for any violation of the provisions of the Code giving effect to the Convention. The Committee also notes the Government's reference to section 157 of the Code concerning the settlement of disputes between a worker and an employer, and requests the Government to supply information on actual cases in which procedures under this section have been used regarding the payment of wages.

Article 15(d). In the absence of the Government's reply, the Committee again requests the Government to indicate measures taken or envisaged to provide for the maintenance of adequate records.