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

The Committee notes the information provided by the Government in its report, in particular the adoption of the new Labour Code, Act No. 154-XV of 28 March 2003.

Article 2, paragraphs 2 and 4, of the Convention. Scope of application. Further to its previous comments, the Committee notes that pursuant to its section 3, the new Labour Code applies to all employees without exception. It therefore understands that domestic and agricultural workers, who were previously excluded from the scope of the Convention, now fully enjoy the protective coverage of the Labour Code. The Committee would appreciate if the Government would confirm this understanding.

Article 7. Works stores. The Committee notes that the Labour Code does not appear to regulate the operation of works stores. The Committee recalls, in this regard, that the Government had indicated in its last report that new provisions would be inserted into the Wages Act in order to address the question of works stores in accordance with the requirements of the Convention. The Committee therefore requests the Government to indicate the measures taken or envisaged in order to give effect to this Article of the Convention.

Article 10. Assignment of wages. The Committee notes that the new Labour Code does not appear to contain any provisions on assignment of wages. The term “assignment of wages” is generally understood as a voluntary arrangement for the reimbursement of a personal debt, or any pay advances granted by the employer, based on a statement signed by the assigner in person before a magistrate of the local court or an agent of the labour inspectorate. It therefore asks the Government to indicate whether the assignment of wages is in any manner regulated in the general labour legislation.

Article 11. Wages as a privileged debt in bankruptcy. The Committee notes that under section 144(1) of the Labour Code, workers’ wage claims must be satisfied in priority to other payments in case of the employer’s bankruptcy or insolvency. The Committee requests the Government to specify whether the preferential treatment of wage claims is still regulated by section 28 of the Bankruptcy Law (Act No. 786-XIII of 26 March 1996, as amended by Act No. 1254-XIII of 16 July 1997) and to transmit a copy of the relevant provisions in their current reading.

Article 13(2). Place of payment of wages. The Committee notes that the Labour Code does not appear to specifically prohibit the payment of wages in taverns or other similar establishments, or shops or stores. It therefore asks the Government to indicate how effect is given to the Convention in this regard.

Article 16 and Part V of the report form. The Committee would appreciate if the Government would continue to provide up to date information on the practical application of the Convention including, for instance, statistical information regarding the number of workers covered by relevant legislation, copies of collective agreements containing clauses on wage protection, any official studies or reports on matters related to the protection of wages or wage policy in general, labour inspection results, etc.