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

Convention (n° 95) sur la protection du salaire, 1949 - Chypre (Ratification: 1960)

Autre commentaire sur C095

Observation

Demande directe

2019
2011

Réponses reçues aux questions soulevées dans une demande directe qui ne donnent pas lieu à d’autres commentaires

2022

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Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that under section 4 of the Protection of Wages Act No. 35(I)/2007, the partial payment of wages in the form of allowances in kind is permitted provided that the value given to such allowances is reasonable and fair. The Committee recalls, in this respect, that Article 4(2) of the Convention imposes an obligation as to the result to be achieved and therefore requires the adoption of practical measures to ensure that any allowances in kind which may be provided in partial settlement of the wages due are attributed a fair and reasonable value (for instance, by reference to ordinary market value or cost price). The Committee therefore requests the Government to indicate whether any regulations have been issued under section 21 of the Act in order to define the fair and reasonable valuation of allowances in kind or specify the maximum amount of the cash wages which may be paid in kind, and if so, to transmit a copy.

Article 11. Wages as privileged debts. The Committee recalls that, in its 2006 report, the Government indicated that following the adoption of Act No. 25(I) of 2001 concerning the protection of employees’ rights in the event of the employer’s insolvency and the establishment of the Insolvency Fund, it was considering the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173). The Committee requests the Government to keep the Office informed of any decision taken with respect to the ratification of Convention No. 173.

Article 12(1). Payment of wages at regular intervals. The Committee notes that under section 9 of the Protection of Wages Act, the frequency of payments may be differentiated if so arranged in practice. Recalling that the Convention requires the intervals for the payment of wages to be prescribed by national laws or regulations or fixed by collective agreement or arbitration award, the Committee requests the Government to provide further clarifications on this point.

Article 12(2). Final settlement of wages upon termination of contract. The Committee notes that the Government’s report is silent on any legal provisions giving effect to this Article of the Convention. The Committee therefore asks the Government to specify any provisions in the national legislation that require the prompt settlement of any outstanding payments upon the termination of a contract of employment, as prescribed by this Article of the Convention.

Article 14(b). Wage statements. The Committee notes that no provision is made in the Protection of Wages Act for the issuance of wage statements at the time of each payment of wages. The Committee therefore requests the Government to indicate how effect is given to this requirement of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, information concerning the number of workers covered by the relevant legislation, extracts from reports of the inspection services indicating the number and nature of violations reported and penalties imposed and any difficulties experienced in the application of the Convention.