Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes with interest the Government’s first report on the application of the Convention and wishes to draw its attention to the following points.

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that according to the Government’s report, the Remuneration Law of 2001 allowed up to 20 per cent of the employee’s wages to be paid, with his/her written consent, in the form of manufactured goods produced by the employer (with the exception of cigarettes, alcoholic drinks, drugs and materials with harmful, toxic, radioactive and strong effects). The Government indicates, however, that those provisions of the Remuneration Law are no longer valid as they are in contradiction with the Labour Code which was adopted in 2004. Noting that the Labour Code does not set out an express prohibition against the payment of wages in kind and also noting that the Labour Code does not contain any final provisions on the repeal of specific laws or regulations, the Committee would appreciate receiving additional explanations on the status of the Remuneration Law of 2001 and current practice concerning the payment of wages in kind.

Article 6. Freedom of workers to dispose of their wages. The Committee notes that the general labour legislation does not appear to contain any provision explicitly prohibiting employers from limiting the workers’ freedom to dispose of their wages. It therefore requests the Government to provide additional explanations as to how effect is given to this Article of the Convention.

Article 7. Works stores. The Committee notes that there seems to exist no specific provision to ensure that workers are free from any coercion to use works stores, and that goods and services at works stores are provided at fair and reasonable prices for the benefit of the workers concerned. It therefore requests the Government to indicate whether and how the operation of works stores is regulated.

Article 10. Assignment of wages. Noting that section 213 of the Labour Code refers to attachment but not assignment of wages, the Committee requests the Government to indicate the legal provisions, if any, that set out the conditions under which and the extent to which wages may be assigned.

Article 13. Place of payment of wages. The Committee notes that the Labour Code provides for wages to be paid on working days but it does not contain any provisions on the place of payment. It therefore requests the Government to specify how it is ensured that wages are paid at or near the workplace, and that payment is prohibited in places of amusement or retail stores, as required under this Article of the Convention.

Article 14(d). Wage records. The Committee notes that section 90 of the Labour Code provides for a workbook which nonetheless is not meant to contain any remuneration-related information or wage data. It also notes, however, that section 193(1) of the Labour Code provides for itemized pay statements which presuppose the maintenance of detailed payroll records. The Committee would therefore be grateful if the Government would provide additional information on the form and manner wage records are kept.

Part V of the report form. The Committee would be grateful if the Government would supply in its next report general information, including available statistics, copies of official documents such as annual reports of the State Labour Inspectorate, and extracts from inspection reports, concerning the manner in which the Convention is applied in practice.