Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 95) sur la protection du salaire, 1949 - Niger (Ratification: 1961)

Autre commentaire sur C095

Observation

Demande directe

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Article 8(1) of the Convention. Deductions from wages. In its previous comments, the Committee drew the Government’s attention to the need to amend section 170 of the Labour Code of 1996 to bring it into conformity with the Convention. Indeed, that section, which has now been taken up word for word in section 180 of the new Labour Code (Act No. 2012-45 of 25 September 2012) provides that “except for compulsory levies and deposits (consignations) which may be envisaged in collective agreements and individual labour contracts, deductions may only be made on wages and salaries by means of seizure order or voluntary session”. With a view to bringing this provision into conformity with Article 8 of the Convention, the Committee had suggested the deletion of the words “and individual labour contracts” (et les contrats), while the expression “compulsory levies” (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee wishes to refer to paragraph 217 of the 2003 General Survey on the protection of wages, in which it recalls that Article 8(1) of the Convention (much like Article 4(1) regulating payments in kind) makes exclusive reference to national laws or regulations, collective agreements and arbitration awards as being the only valid legal bases for effecting deductions from wages. In both cases, the aim is clearly to exclude “private” arrangements which might involve unlawful or abusive deductions, or unsolicited payments in kind, to the detriment of the worker’s earnings. In the Committee’s opinion, provisions of national legislation which permit deductions by virtue of individual agreements or consent are not therefore compatible with Article 8(1) of the Convention. The Committee therefore once again requests the Government to take the necessary measures to bring the national legislation into conformity with this Article of the Convention.