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

The Committee notes the information supplied by the Government in its report as well as the adoption of the Labour Code of 21 June 1997. In this connection, the Committee requests the Government to provide further information on the following points.

Article 2 of the Convention. The Committee notes that under section 3(f), (g), (i), (j) of the new Labour Code, the following categories of persons are excluded from its scope of application, as they were excluded from the coverage of the previous legislation: domestic servants; agricultural workers other than those employed in the operation, repair and maintenance of machinery, or in enterprises which process or market agricultural products such as cotton grins or diary product factories, or in jobs related to the administration of agricultural projects including office work, accountancy, storage, gardening, and livestock husbandry; casual workers; any category of persons who are excluded totally or partially from the provisions of this Code by Order of the Council of Ministers. Recalling that the Convention applies to all persons to whom wages are paid or payable, the Committee asks the Government to indicate the measures taken or envisaged with a view to extending the protection of the new Labour Code to the above workers or to apply the protection afforded by the Convention to these workers in some other manner. The Committee also notes the Government’s intention to formulate special regulations concerning seasonal workers, particularly those engaged in agriculture. It asks the Government to keep it informed of any progress in this respect and to transmit a copy of these regulations as soon as they are adopted.

Article 3. The Committee notes that the new Labour Code contains no provision forbidding wage payment in the form of promissory notes, vouchers or coupons or any other form alleged to represent legal tender. The Committee asks the Government to indicate the measures taken or contemplated to ensure that the national legislation fully conforms to the requirements of the Convention in this respect.

Article 4. The Committee notes that section 35(1) of the Labour Code authorizes payments in kind without however prescribing any conditions for such payments. The Committee recalls that this Article of the Convention allows partial payment of wages in kind in those industries or occupations in which such payment is customary or desirable because of the nature of the industry or occupation concerned (paragraph 1), and further provides that, when the payment of wages in the form of allowances in kind is authorized, measures should be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his/her family and that their value is fair and reasonable (paragraph 2). Noting the Government’s statement that new regulations on payment of wages in kind are still under consideration and also that it would welcome ILO’s technical assistance in accelerating this process, the Committee hopes that the necessary measures will be taken without further delay to give full effect to the provisions of this Article.

Article 6. The Committee notes that the principle according to which employers should be prohibited from limiting in any manner the freedom of workers to dispose of their wages has not been incorporated in the recently enacted Labour Code. The Committee considers that an appropriate legislative provision laying down a specific prohibition is needed to give effect to the Convention in this regard and hopes that the Government will make every effort to take the necessary action in the very near future.

Article 7. The Committee notes that there are no provisions regulating works stores and that the situation has not changed from that previous to the adoption of the 1997 Labour Code. It requests the Government to provide additional information on the practice of works stores and to indicate the measures taken to give effect to this Article.

Article 8. The Committee notes that, under sections 35(8) and 37(1)(b) of the Labour Code, deductions from wages may only be made pursuant to law, or in order to repay, in sums not exceeding 15 per cent of the basic salary, a salary advance. It asks the Government to specify the types and extent of deductions prescribed by national rules and regulations. In addition, the Committee notes that the Labour Code, while providing for the obligation of the employer to furnish upon the worker’s request a statement showing details of any amounts deducted, contains no provision regarding the manner in which workers shall be informed of the conditions under which and the limits within which deductions may be made in general. It therefore requests the Government to indicate the measures taken to ensure that the provisions of this Article are fully applied.

Article 10. The Committee notes the Government’s indication that the attachment of wages is generally prohibited except for the payment of maintenance allowances owed to the worker’s family and dependants following a court’s decision. It also notes section 67 of the Labour Code which offers limited protection against arbitrary or unfair attachment in providing that any contract of employment under which a worker undertakes to concede to his/her employer all or part of his/her remuneration shall be deemed null and void. The Committee is bound to observe, however, that the new Labour Code does not specify the manner and limits within which wages may be attached or assigned, nor does it contain any provision protecting wages from attachment or assignment to the extent necessary for the maintenance of the worker and his/her family. Consequently, it asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 13(2). The Committee notes that no provisions appear to exist to ensure that the payment of wages in shops or stores for the retail sale of merchandise and in places of amusement is prohibited except in the case of persons employed therein. The Committee hopes that the Government will indicate in its next report what measures have been taken or are contemplated to apply this Article of the Convention.

Article 14. Further to its previous comment on this point, the Committee notes the Government’s intention to adopt regulations to ensure that workers engaged under oral employment contract be informed before they enter employment of the wage conditions applicable to them and that all workers be informed at the time of each payment of particulars of their wages. The Committee hopes that these regulations will be issued in the very near future, and that the Government will supply a copy as soon as they are adopted.

Article 15(d). While noting the report forms for labour inspectors and data collectors which were communicated by the Government in its report, the Committee again requests the Government to indicate whether the regulations referred to in section 65 of the Labour Code concerning wage data to be kept by employers have been adopted.

Recalling that the Committee has been commenting on most of the above matters for many years, and also noting with regret that the new Labour Code does not appear to have sufficiently taken into account the Committee’s earlier comments, the Committee hopes that concrete measures will soon be taken in this respect, and requests the Government to report any progress made in bringing national legislation into closer conformity with the requirements of the Convention.

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