Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 6 of the Convention. Protection of workers’ claims by means of a privilege. The Committee notes the first report on the application of the Convention, in particular the Government’s reference to section 82 of the Bankruptcy Law of 25 December 2005 which grants third rank of preference in the order of distribution to “claims arising from labour contract but not more than during six months preceding the moment of recognizing the debtor as bankrupt”. The Committee would appreciate receiving a copy of the Bankruptcy Law currently in force. In addition, the Committee requests the Government to specify whether the “claims arising from labour contracts”, apart from those for unpaid wages, include also claims with respect to holiday pay, sick leave or other paid absence, and severance pay, as required by this Article of the Convention and, if so, to indicate the conditions under which and the limits within which those claims are protected.

Articles 9–13. Protection of workers’ claims by a guarantee institution. The Committee recalls that, at the time of the ratification of the Convention, the Government declared that it accepts the obligations of Part III dealing with the protection of workers’ claims by a guarantee institution. The Committee notes, however, that in its first report the Government indicates that a guarantee institution is not yet established and that these Articles of the Convention would be applied once relevant legislation is adopted. The Committee therefore requests the Government to take all necessary action with a view to setting up a wage guarantee institution in accordance with these Articles of the Convention and to keep the Office informed of any progress made in this regard.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide general indications as to the manner in which the Convention is applied in practice, including, for instance, the number of workers covered by the measures giving effect to the Convention, statistics on the number of bankruptcy proceedings and the amounts of wage debts recovered through such proceedings, etc.