Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

Remuneration of workers

In its earlier observation, the Committee pointed out that paragraph 1 of Article 12 of the Convention obliges the competent authority to regulate the maximum amount of advances on wages whenever made and whatever the reasons therefor. The Committee recalled that the present provision of section 51 of the Labour Code only regulates the manner of repayment of advances on wages, and requested the Government to take necessary measures in this regard. The Committee noted in particular that the version of the draft legislative text attached to the Government's report dated 20 April 1994 did not include the provisions proposed in earlier versions to become section 51(b) of the Labour Code in order to fix the maximum amount of advances on wages whatever the reason therefor.

The Committee notes the Government's indication in the report that measures have been taken to withdraw the present draft to amend the Labour Code, so as to provide for the limitation of the maximum amount of advances on wages made not only to a worker in consideration of taking up employment but also advances on wages made for whatever reason during the employment.

The Committee trusts that the Government will take in the very near future necessary measures to give full effect to this provision of the Convention, on which it has been commenting since the ratification. The Committee requests the Government to indicate any progress made and to supply a copy of adopted amendments.