Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the information contained in the Government’s reports as well as the adoption of the new Labour Code, Act No. 5 of 1995. It requests the Government to supply further information on the following points.

Article 2 of the Convention. Further to its previous comments regarding agricultural workers, the Committee notes that under section 3(2)(j) of the new Labour Code its provisions do not apply to persons employed in agriculture and pastoral work other than: (i) persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products; (ii) persons who on a permanent basis operate or repair mechanical equipment required for agriculture or permanent irrigation works; and (iii) persons working in livestock husbandry. In this connection, the Committee notes the Government’s indication that there are no agricultural workers in the broad sense except for workers engaged in the exploitation and commercialization of their own products, persons who on a permanent basis repair mechanical equipment required for agriculture or for permanent irrigation, and persons working in livestock raising. In addition, the Government states that even though 70 per cent of the Yemeni population work in agriculture, they work in their own fields and do not work for others. The Committee would nevertheless recall that in an earlier report the Government referred to the possibility of applying certain provisions of the new Labour Code to those agricultural workers who are excluded from its coverage as well as to casual workers and domestic servants by order of the Council of Ministers issued pursuant to section 4 of the Labour Code with respect to some categories of workers covered by section 3 of the same Code. Moreover, the Government indicated that it is currently in the process of drafting regulations, decrees and ministerial orders for the application of the Labour Code including those relative to wage protection and minimum wages. The Committee trusts that the Government will take whatever steps may be necessary to ensure that all workers without exception benefit from wage protection in accordance with the terms of the Convention. It requests the Government to keep it informed of any progress achieved in this regard, and to transmit the texts of any new laws or regulations pertaining to wage protection as soon as they are adopted.

Article 4. Further to its previous comments, the Committee notes that according to the Government the Labour Code did not specify in kind payment so as to avoid unjust distribution of the product or wrong evaluation of the remuneration. However, the Committee notes that under section 2 of the Labour Code, the terms "basic wage" and "full wage" are defined as payment made by the employer to the worker in consideration of his work, whether in cash or in kind which may be evaluated in currency. Moreover, section 68 of the Labour Code provides for special regulations to be issued by the Council of Ministers regarding allowances in case of workers transferred to remote areas, while under section 70 of the Code, employers are required to provide workers with adequate housing and food when working in places remote from inhabited areas. The Committee notes the Government’s intention to examine the issue of wage payment in kind with the employers’ and workers’ organizations when elaborating the regulations or decrees implementing the Labour Code. It also takes note of the Government’s statement that the Committee’s comments will be given due consideration in any new amendments to the Labour Code. In this respect, the Committee recalls that in accordance with the requirements of the Convention, to which the Government is bound to give full effect by virtue of its ratification: (i) the partial payment of wages in kind may only be authorized in industries or occupations where it is customary or desirable; (ii) the payment of wages in the form of alcoholic drinks or noxious drugs may not be permitted in any circumstances; and (iii) that, when authorized, measures should be taken to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that their value is fair and reasonable. The Committee hopes that the Government will make every effort to take the necessary action in the very near future in order to bring the national legislation into conformity with the Convention. It also asks the Government to indicate whether the regulations and ministerial orders referred to in sections 68 and 70 of the Labour Code have already been issued, and if so, to communicate a copy of those texts.

Article 8. The Committee notes that section 63 of the Labour Code provides for the possibility of withholding the wages by agreement between the employer and the worker. The Committee points out, however, that according to the terms of the Convention the types and extent of deductions from wages should be prescribed by national laws or regulations or fixed by collective agreement or arbitration award and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted by agreement between the employer and the worker so as to ensure legislative conformity with paragraph 1 of this Article of the Convention. As regards measures to ensure that workers are informed of the conditions under which, and the extent to which, deductions may be made, the Committee notes the Government’s assurances that the regulations on wages, once adopted, will contain appropriate provisions as requested by paragraph 2 of this Article of the Convention.

Article 9. The Committee notes that the Labour Code does not contain any provision specifically prohibiting any deduction from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment made by a worker to an employer, as required under this Article. The Committee trusts that the necessary measures will soon be taken to ensure that the terms of the Convention are fully applied in this respect.

Article 10. The Committee notes the Government’s indications concerning the limits prescribed by national laws and regulations for the protection of wages against unfair or excessive deductions and attachment. It recalls, however, that the Convention provides for the protection of workers’ wages not only against attachment but also against assignment, and therefore asks the Government to supply information on the measures taken or contemplated to give full effect to this Article of the Convention.