Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report containing replies to its previous comment. It requests the Government to provide further information on the following points.

Article 2 of the Convention. While noting the explanations of the Government concerning the validity of employment contracts concluded orally before the entry into force of the Labour Code of 1999, the Committee would thank the Government for clarifying whether oral contracts may still be concluded (e.g. those referred to in section 258(3)) and, if so, how the protection of wages is ensured for those contracts. Moreover, the Committee would be grateful if the Government would indicate how it is ensured that persons currently excluded from the scope of application of the Labour Code, such as persons working under subcontracting arrangements, on a task or commission basis, or under author’s or other civil contracts, enjoy the protection afforded by Articles 3 to 14 of this Convention.

Article 4. The Committee notes that section 174(3) of the Labour Code provides that, subject to the employee’s consent, up to 50 per cent of his/her wages may be paid in goods produced by the company or other consumer products, except alcoholic beverages and narcotic substances. Having regard to the exceptional nature of the practice provided for in Article 4 of the Convention, and also recalling the strict requirements which such practice should meet, the Committee requests the Government to further explain how it is ensured that: (1) payment in kind is limited to those industries or occupations where such mode of payment is customary or desirable because of the nature of the industry or occupation; (2) the goods and products offered in lieu of money are appropriate for the personal use and benefit of the worker and his/her family, and that they are valued fairly; and (3) adequate cash remuneration is left to cover the subsistence needs of the worker and his/her family, when as much as 50 per cent of the wages due is paid in kind. In addition, the Committee would be grateful if the Government would share any statistical data concerning the number of workers remunerated in kind and the approximate percentage of the wage bill that is replaced by goods and products in different sectors and branches of economic activity.

Article 6. In the absence of the Government’s reply on this point, the Committee recalls that this Article requires an appropriate legislative provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages, and therefore again asks the Government to indicate how this Article is given effect in both law and practice.

Article 7. The Committee notes the information provided by the Government that the activities of works stores are regulated by the general legislation governing commerce, which does not require the workers to give preference nor impose the use of works stores. It requests the Government to consider adopting, on the first suitable occasion, measures to ensure that, when access to other stores or services is not possible: (1) goods are sold or services are provided at fair and reasonable prices; and (2) works stores are not operated for the purpose of securing a profit but for the benefit of the workers concerned.

Article 8. Further to its previous comment, the Committee notes that section 175(1) of the Labour Code seems to allow unspecified deductions with the worker’s written consent, whereas the Convention provides that deductions from wages can be made only under conditions and to the extent prescribed by national laws or regulations, or fixed by collective agreement or arbitration award, but not by individual agreements. The Committee again requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted with the worker’s written consent. In addition, while noting that section 173(2) of the Labour Code prescribes the information to be included in pay documents, namely, the name, type, reason and amount of deductions from wages, the Committee requests the Government to explain how the workers are informed of the conditions and limits on deductions in general, for instance, by including the relevant information among the contract details enumerated in section 43(2) of the Labour Code.

Article 10. While noting that section 176 of the Labour Code refers only to attachment of wages, the Committee asks the Government to specify whether the national legislation regulates the notion of assignment of wages and, if so, how.

Article 11. The Committee notes the Government’s explanations that section 178(2) of the Labour Code and section 53(1) of the Insolvency and Bankruptcy Act of 13 June 1997 grant third place of priority to wage claims in the event of the employer’s bankruptcy or insolvency.

Article 13(2). Further to its previous comment, the Committee requests the Government to indicate legal provisions prohibiting the payment of wages in taverns and other similar establishments, or in retail stores and places of amusement except for persons employed therein.

Article 15(c). While noting that sections 178(1) and 310 of the Labour Code refer generally to sanctions in pursuance to applicable laws for violations of the labour legislation, the Committee would appreciate receiving detailed information concerning the specific penalties, i.e. disciplinary, administrative, penal or others, provided for infringements of the provisions of Chapter VI of the Labour Code concerning wages.

Part V of the report form. The Committee notes the inspection results provided by the Government showing that a total of 2,067 complaints concerning delayed or non-payment of wages and other social benefits were received in 2005, 146 of which gave rise to judicial proceedings, and that 1.46 million-manat worth of unpaid wages were recovered. It requests the Government to continue providing up to date information on the practical application of the Convention, in particular labour inspection reports showing the number of violations observed and sanctions imposed.