Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information contained in the Government’s report.

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee recalls its observation of 2000 on Convention No. 97, in which it requested the Government to provide updated information on migrant workers and on the impact of changes in international migration on national policy and legislation. The Committee requests the Government to provide this information in its next report.

Part IV (Wages), Articles 24 to 35. The Committee refers to its comments of 2003 concerning Convention No. 131 and requests the Government to provide information on the minimum wage rates applicable to workers in plantations, as well as reports on the labour inspections carried out in the plantations sector to ensure compliance with minimum wage provisions. The Committee also requests the Government to indicate the number of workers in plantations covered by statutory minimum wage rates and those covered by minimum wages determined by collective agreement.

Part V (Annual holidays with pay), Articles 36 to 42. The Committee refers to its comments in 2001 and 2002 on Conventions Nos. 52 and 101 and once again hopes that in the near future the provisions of the Labour Code on paid leave will be amended so that leave cannot be replaced by additional remuneration, in accordance with the requirements of Article 41 of the Convention. The Committee requests the Government to keep it informed of any developments in this respect.

Part VII (Maternity protection), Articles 46 to 50. With reference to its previous comments on Convention No. 103, the Committee once again recalls the importance of affording to women workers who wish to return to work immediately following their maternity leave the possibility of interrupting their work for the purpose of nursing their child and of such interruptions being counted as working hours without reduction of wages, in accordance with Article 49 of the Convention. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Parts IX and X (Right to organize and collective bargaining; freedom of association), Articles 54 to 70. See the comments of 2003 under Conventions Nos. 98 and 87.

Part XI (Labour inspection), Articles 71 to 84. The Committee requests the Government to provide statistics in its next report on the inspections carried out in plantations, including, for example, the number of inspections carried out in this sector, the violations of labour law reported (particularly with regard to working hours, wages, safety and health and the employment of young persons), and the sanctions imposed.

Part IV of the report form. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice in its next report, including, for example: (i) statistics on the number of enterprises and workers covered by the Convention; (ii) official studies on the socio-economic situation of workers in plantations; (iii) copies of collective agreements applicable in the sector, and any other information making it possible to assess the situation of workers in plantations in the light of the provisions of the Convention.