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

The Committee notes the information in the latest reports from the Government, and the documents attached.

Articles 3 and 4 of the Convention. Part payment of wages in kind. The Committee notes that, in its report for 2002, the Government indicated that lawmakers were reticent about payment of wages in kind for historic reasons relating to the bartering system which had led to much abuse. It notes that provision of accommodation is very frequent in the case of caretakers and janitors, and in the rural sector. The Committee also notes from the information supplied by the Government that wages may be paid in part in the form of either food or food vouchers that can be used in supermarkets and restaurants but that such payment in kind may amount to not more than 20 per cent of the wage. It notes that numerous collective agreements allow for workers to receive clothing and uniforms and that payment in the form of transport or medical care may also constitute part of wages in kind. The Committee also notes the information in the Government’s latest report to the effect that wages may be paid partly in kind on two conditions: that such payment is for the personal use of the worker and his family and that it is assigned a fair and reasonable value. The Committee requests the Government to indicate the provisions of the law imposing these restrictions on part payment of wages in kind. The Government is also asked to provide copies of collective agreements allowing the part payment of wages in the form of clothing.

Article 6. Freedom of workers to dispose of their wages. The Committee notes that, pursuant to section 5 of Act No. 17.829 of 18 September 2004, any deductions from wages other than those imposed by a court require the consent of the worker. It also notes that, as will be enlarged on below, the Act seeks to protect workers against their own creditors by limiting the amount of such deductions so that the worker receives at least 30 per cent of his nominal wage. The Committee requests the Government to indicate the measures taken or envisaged for the legislation to provide expressly, and separately from the restrictions on deductions from wages, that workers are free to dispose of their wages.

Article 7. Works stores. The Committee notes that, in its report for 2002, the Government referred to Act No. 9.991 (applying to rice-producing establishments) and Act No. 10.471 (applying to workers employed in the exploitation of woodlands, forests and peat bogs), both of which allow suppliers to visit the workers’ accommodation during the day, the sale of alcoholic beverages being prohibited in such accommodation. It notes that, according to the Government, these provisions prevent the establishment of works stores in which workers would have to purchase commodities. The Committee notes, however, that these laws apply only to a limited number of workers, and asks it to indicate whether there are other provisions governing the operation of works stores. It also asks the Government once again to provide the texts of collective agreements providing for the establishment of such works stores.

Articles 8 and 10. Deductions from and attachment of wages. The Committee notes with interest the adoption of Act No. 17.829 of 18 September 2004 and its enabling Decree, No. 429/004 of 3 December 2004. It also notes the report submitted in September 2003 to the Labour Legislation Committee of the Chamber of Representatives, which accompanied the draft of the Act. According to this report, the various rules allowing deductions from wages set limits thereon but, in the absence of a general rule, it sometimes happened that the accumulated deductions made by various institutions amounted to more than the wage, so that the worker in effect received no remuneration. The Committee notes that section 3 of the above Act, as amended by Act No. 18.083 of 27 December 2006, establishes an “untouchable” portion of the wage, so that the remuneration received by the worker cannot amount to less than 30 per cent of his nominal wage after deduction of taxes and special social security contributions. The Committee accordingly observes that deductions from wages, other than for taxes and social security contributions, may not exceed 70 per cent of the net wage. The Committee requests the Government to indicate whether studies have been conducted to work out whether the “untouchable” portion of the wage is sufficient for the maintenance of the worker and his/her family – as advised in Paragraph 1 of the Protection of Wages Recommendation, 1949 (No. 85) – and to provide all relevant information on this matter.

Article 13. Date and place of payment. The Committee notes that, in reply to its previous comment, the Government refers to section 2, last paragraph, of Decree No. 429/004 of 3 December 2004, under which the wage must be paid directly to the worker or, with his agreement and at no cost to him, by bank transfer. The Committee also notes the information from the Government that payment is in most cases by bank transfer and otherwise must be made during working hours. The Committee observes, however, that the Government does not indicate which provisions of the law specify that the payment of wages, where made in cash, shall be made on working days only and at or near the workplace. The Committee therefore asks the Government once again to indicate the measures taken to ensure application of the Convention on this point.

Article 14(a). Informing workers of the conditions applicable in respect of wages. The Committee notes with interest the adoption of Decree No. 108/007 of 22 March 2007, which repeals and replaces Decree No. 392/980 of 18 June 1980 respecting work supervision documents. It notes that the Decree incorporates in its scope (section 1) non-state legal entities established under public law, whose workers were not covered by the former regulations. According to sections 3 and 19, all workers must be entered in the work supervision register on the day they are hired and, according to section 9, the register must record among other things the wage – expressed in the national currency – and any special features it may comprise. With regard to workers whose wages may be variable in part, section 17 specifies that the various components of the wage must be entered in the register. The Committee also notes that section 11 provides that the original of the register must remain in the enterprise and be accessible to workers wishing to consult it. Section 16 of the Decree provides that any general change in the wage must be recorded in the register within 15 days of its publication in the Official Journal, and that any voluntary change in the wage must be recorded in the register within the statutory time limit for payment. The Committee requests the Government to provide more extensive information on the manner and the period within which workers are informed in the event of voluntary changes in their wages.

Article 14(b). Payslips. The Committee notes that section 38 of Decree No. 108/007 requires all employers, including employers of domestic workers, to draw up and forward to their workers a payslip stating, among other things, the amount of the wage and the amount of the deductions made from it.

Part V of the report form. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice including, for instance, extracts of reports of the inspection services showing the number and nature of breaches of the wage protection legislation, and the measures taken to remedy them.