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

The Committee notes the Government’s report as well as the adoption of the Law on Private Employment Agencies No. 8(I) of 1997, Law No. 134(I) of 1999 amending the Civil Procedure Act, and the Law on the Employer’s Obligation to Inform the Employee on the Conditions Applicable to the Employment Contract or Relationship No. 100(I) of 2000, which contain provisions giving effect to certain requirements of the Convention.

The Committee nevertheless regrets that, despite its repeated comments in the last 40 years, specific legislation has still to be enacted for the application of Articles 3 (wage payment in legal tender), 4 (restrictions on partial payment of wages in kind), 6 (free disposal of wages), 8 (restrictions on wage deductions), 10 (restrictions on attachment and assignment of wages), 13 (time and place of payment) and 15(d) (maintenance of payroll records) of the Convention. It also notes with concern that the Government continues to rely principally on practice for the implementation of the Convention. While noting the Government’s statement that the effort to take additional measures, legislative or other, that are necessary to implement the Convention will be resumed in the near future, the Committee is bound to recall that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to incorporate the requirements of the ratified Convention into the national legal order. The fact that, as indicated in the Government’s report, the application of wage protection legislation has not so far given rise to any complaints does not absolve the Government from its obligation to give legislative expression to the standards laid down in the Convention.

The Committee hopes that the Government will take, without further delay, whatever steps may be necessary to ensure full legislative conformity with the Convention.

[The Government is asked to report in detail in 2002.]