Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee notes the Government’s reference to the Wages Regulation (Shop Assistants and Domestic Helpers) Order, 1993 (Statutory Instrument No. 22 of 1993), which covers domestic servants among others. It notes, however, that this legislation only concerns minimum wages. The Committee also recalls that it suggested the Government to consider the possibility of restricting the very wide discretion accorded to the Minister regarding exemptions from the scope of the Labour Ordinance. It notes the Government’s indication that a process is under way to amend the Labour Act, and hopes that these points will be taken into consideration in the said process.

The Committee further notes the Government’s indications that no measures have so far been taken to give effect to Articles 7, 8, 10 (as regards the assignment of wages) and 14 of the Convention. It hopes that necessary legislative measures will be taken through the abovementioned process to amend the Labour Act; to regulate the establishment and use of works stores (Article 7); to limit the discretion of the power of the Commissioner under section 106(4) of the Labour Ordinance in order not to nullify the protection granted under section 106(1) (Article 8); to regulate the assignment of wages (Article 10); and to ensure that the workers are informed of changes in their wages and of particulars of wage payments (Article 14).

The Committee also recalls that, as regards the attachment of wages, if sections 106 and 110 of the Ordinance are read together, and if up to 50 per cent of the wages can be attached, and one-third deducted, this could total some 87 per cent of the wages. Section 110(2) forbids such a practice in respect of attachments, but does not set an overall limit with respect both to attachments and deductions. Recalling that the aim of the Convention is the protection of wages to safeguard the maintenance of the worker and his family, the potential problem might be examined with a view to setting a cumulative limit on all attachments, assignments and deductions from wages.

The Committee requests the Government to report on any progress made in the process of amending the Labour Act taking into account the above comments.