Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 95) sur la protection du salaire, 1949 - Arménie (Ratification: 2004)

Autre commentaire sur C095

Demande directe

2017
2011
2007

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Article 4 of the Convention. Partial payment of wages in kind. The Committee notes with interest the Government’s indication that the Remuneration Act of 2001, which allowed up to 20 per cent of the employee’s wages to be paid in the form of manufactured goods produced by the employer (with the exception of alcoholic drinks, drugs and materials with harmful toxic, radioactive and strong effects), has now been formally repealed by Act No. 119 of 24 June 2010.

Article 6. Freedom of workers to dispose of their wages. Further to its previous comment, the Committee notes the Government’s indication that this principle of the Convention is reflected in article 31 of the Constitution which guarantees the right to freely own, use, dispose of and bequeath one’s property. The Committee wishes to refer, in this regard, to paragraph 178 of its 2003 General Survey on the protection of wages, in which it recalled that it is necessary for implementing legislation to contain an express provision generally by prohibiting employers from restricting the freedom of workers to dispose of their wages and took the view that statements to the effect that the freedom of workers to dispose of their wages is a natural consequence of the right to property guaranteed in civil law are not sufficient to give effect to the requirements of this Article of the Convention, however necessary this protection of the right to property may be. The Committee accordingly requests the Government to take appropriate action to ensure that full effect is given to this provision of the Convention.

Article 7. Works stores. The Committee notes the Government’s statement that this Article of the Convention is directly applicable to the national legal order by virtue of the ratification of the Convention. In this connection, the Committee observes that not all provisions of international labour Conventions are self executing and often require specific measures by the competent authorities for their implementation. Therefore, while noting the Government’s explanations that, in practice, workers are free from any coercion whatsoever and company stores offer significant discounts to their workers and members of their families, the Committee requests the Government to consider adopting measures in order to regulate the operation of works stores in accordance with the requirements of this Article of the Convention.

Article 13. Place of payment of wages. The Committee notes the Government’s indication that despite the absence of a specific legal provision to this effect, wages in practice are paid at the workplace unless they are directly transferred to the employee’s bank account. The Committee wishes to refer, in this regard, to paragraph 413 of the abovementioned General Survey in which it noted that the safeguards laid down in the Convention prohibiting the payment of wages in taverns, places of amusement and also in shops or stores, may appear somewhat less relevant today in most of the more developed countries, especially in view of the increasing use of non-cash methods of payment, such as direct bank transfers. But these provisions are undoubtedly still relevant in the context of other countries, notably with regard to labour remuneration practices concerning agricultural workers. The Committee accordingly trusts that the Government will continue to monitor the situation and, if necessary, take further measures to secure the observance of this provision of the Convention.

Article 15(d). Wage records. Further to its previous comment, the Committee notes the Government’s indications about the system created under Decision No. 938 of 12 May 2005, whereby the State Social Security Service of the Ministry of Labour provides, twice a year, personalized information to every insured employee about the amounts of salaries received and taxes paid. The Committee observes, however, that the maintenance of wage records prescribed by this Article of the Convention serves not only to make possible the issuance of pay slips so as to keep the workers informed but also to facilitate the work of labour inspectors. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that adequate wage records are kept in an approved form and manner, as required under this Article of the Convention.

Part V of the report form. Practical application. The Committee notes the statistical information provided by the Government concerning labour inspections carried out between 2008 and 2010 and cases of non-payment of wages reported. The Committee requests the Government to continue providing the information concerning the application of the Convention in practice, including, for instance, statistics on the number of workers covered by relevant legislation, copies of collective agreements containing clauses on pay conditions, inspection results showing the number of wage-related offences recorded and the sanctions imposed, and copies of official studies or surveys addressing wages issues.