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

The Committee notes the Government’s report and the adoption of Act No. 97-17 of 1 December 1997 establishing the Labour Code. In this connection, it wishes to draw attention to the following points.

Article 4 of the Convention. The Committee notes that article L.109 of the new Labour Code provides that decrees shall establish the cases in which supplies, other than those under articles L.106 and L.107 (accommodation and regular supply of essential foodstuffs), must be granted. The Committee requests the Government to indicate whether there are regulations which allow the partial payment of wages in the form of allowances in kind other than housing and food supplies. It also asks the Government to supply a copy of the Decrees No. 5040/ITLS/SM of 17 July 1956 (JOS of 2 August 1956, p. 716) and No. 5645/ITLS/SM of 31 August 1953 (JOS of 31 August 1953, p. 897) as well as up-to-date information on the application in practice of articles L.106 and L.107 of the Labour Code.

Article 6. The Committee notes that, with the exception of article L.133 regarding works stores, the Labour Code does not contain a specific provision formally prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. It therefore requests the Government to indicate whether the absence of an express prohibition such as that provided for in the Convention has given rise to any difficulties in practice, and accordingly whether the Government has considered the advisability of taking the necessary legislative measures to ensure the implementation of this Article of the Convention.

Article 8. The Committee notes that under article L.130 of the Labour Code deductions may be made for deposits ("consignations") set out in individual labour contracts. 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 which may be prescribed by individual labour contracts so as to ensure legislative conformity with this Article of the Convention.

Part V of the report form. The Committee finally requests the Government to supply information on the application of the Convention in practice, including, for example, extracts of official reports or statistical information on inspection visits, the number and nature of violations reported and sanctions imposed.