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

The Committee notes the Government’s indication that during the reporting period, no legislative or administrative action has been taken in relation to the points raised by the Committee in its last comment. The Committee accordingly reiterates its request for appropriate measures in order to bring the national legislation into conformity with the requirements of the Convention, in particular as regards: (i) the conditions under which the partial payment of wages in kind may be authorized (section 1614T of the Civil Code permits the payment of wages wholly in board, lodging or other necessities, which is inconsistent with Article 4 of the Convention); (ii) the conditions under which deductions from wages may be made (section 1614S of the Civil Code allows deductions as caution money based on individual agreement which is contrary to Article 8 of the Convention); and (iii) the final settlement of wages upon the termination of the employment relationship (section 1614S of the Civil Code provides for the reimbursement of security or caution money at the end of the contract which gives only partial effect to Article 12(2) of the Convention).

Part V of the report form. The Committee notes the statistical information provided by the Government concerning the number of complaints filed with the Labour Inspectorate and the number of judicial proceedings initiated between January and November 2006. The Committee requests the Government to continue supplying up to date and documented information on the practical application of the Convention, including, for instance, copies of collective agreements in force containing provisions with respect to wage protection, extracts from labour inspection reports showing the number and nature of wage-related offences observed, etc.