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

The Committee notes with interest the information contained in the Government’s report, in particular the adoption of the new Labour Code of 1997, as well as the provisions of the 1998 Political Constitution concerning labour remuneration.

Article 4 of the Convention. The Committee notes that, by virtue of article 35(14) of the Political Constitution, as well as articles 95 and 343 of the Labour Code, the partial payment of wages in kind is in principle permitted subject to certain conditions. The Committee recalls in this connection that: (a) the prohibition of payment of wages in the form of liquors of high alcoholic content or noxious drugs is an absolute requirement under Article 4, paragraph 1, of the Convention; and (b) national laws and regulations have to provide for measures to ensure that the allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that the value attributed to such allowances is fair and reasonable, as set forth under Article 4, paragraph 2, of the Convention. The Committee trusts that the Government will not fail to take whatever steps may be necessary to ensure that the provisions of the Convention are fully applied in this respect.

Article 10. The Committee recalls 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 ensure the application of the Convention in this respect. The Committee points out that national legislation has to determine the proportion of the wages which shall be immune from assignment enabling workers and their families to satisfy their basic needs, and therefore ventures to draw the Government’s attention to the possibility of introducing an overall limit with respect to assignment of wages similar to that established under articles 44(b) and 90 of the Labour Code with respect to authorized deductions.

Article 14(b). The Committee notes that the Labour Code contains no provision regarding the obligation of the employer to provide workers at the time of each payment of wages with statements of earnings indicating in an appropriate and easily understandable manner the particulars of their wages for the pay period concerned. The Committee hopes that the Government will take all necessary action to give effect to this provision of the Convention.

Part V of the report form. The Committee would be grateful to the Government for providing general information on the manner in which the Convention is applied in practice, including, for instance, extracts from inspection reports, details on the conditions and extent of wage payment in kind, information on any difficulties encountered in ensuring the regular payment of wages and any other particulars bearing on the fulfilment of the requirements of the Convention.