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

The Committee notes with interest the Government’s first report and requests it to supply further information on the following points.

Article 2 of the Convention. The Committee notes that the Government refers in its report to the Social Security Code as legislation which gives effect to the Convention. It requests the Government to indicate in what manner this Act applies the Convention and to indicate the relevant provisions.

Article 6. The Committee notes that according to section 116 of the Labour Code, wages, in the meaning of the provisions of the section relating to privileges and guarantees of workers’ claims, includes wages proper, by whatever name they are called, ancillaries to wages, paid leave entitlement, bonuses, allowances and benefits of all kinds. The Committee recalls that, in accordance with subparagraph (a) of this Article, the wages protected are those relating to a period not less than three months prior to the insolvency or to the termination of the employment. It therefore requests the Government to supply more information on the limits ratione temporis applicable as well as on all the pertinent legislation and regulations.

Article 7(1). The Committee notes that under section 117 of the Labour Code the privilege applying to wages in the event of winding up or bankruptcy of the employer concerns only the non seizable part of the wages in accordance with section 129 of the Labour Code. According to this section, decrees taken by the Council of Ministers after an opinion from the Labour Consultative Commission fix the portion of wages subject to progressive levies and the relevant rates. The Committee therefore requests the Government to indicate whether legislation for this purpose has been adopted and, if so, to supply copies.

Article 8(1). The Committee notes that under section 117 of the Labour Code, wage claims and other claims by workers have a higher rank of privilege than all other general and special privileges. It requests the Government to indicate whether workers’ claims are actually given a higher rank of privilege than those of the State and social security system, in accordance with the provisions of this Article of the Convention.

The Committee would be grateful if the Government would provide the International Labour Office with information on the application in practice of the Convention, in accordance with Part V of the report form.