Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee understands that the new Labour Code was adopted by Parliament in November 2006 and asks the Government to indicate whether it has come into force. The Committee also understands that the new Code was the subject of intense political debate during the legislative elections in December 2006 and that the newly elected Government announced its intention of revising this law. The Government is requested to supply a copy of the final version of the Labour Code and to keep it informed of any revision process that occurs.

In addition, the Committee notes the Government’s reference to wage deductions authorized by the Labour Commissioner in writing in respect of injury or loss occasioned by the wilful misconduct or negligence of the worker, as provided for in section 17 of the Protection of Wages Ordinance, No. 23 of 1965. In this connection, the Committee draws the Government’s attention to Paragraph 2(3) of the Protection of Wages Recommendation, 1949 (No. 85), which provides that before a decision to make a wage deduction for the reimbursement of loss or damage is taken, the worker concerned should be given a reasonable opportunity to show cause why the deduction should not be made. The Committee therefore requests the Government to clarify how procedural fairness is guaranteed in the case of wage deductions authorized for loss or damage, and to indicate any relevant legal provision in this respect.

Part V of the report form. The Committee notes the information provided by the Government concerning the difficulties encountered by the Labour Department in recovering employees’ wages, upon termination of employment, within the seven-day period provided for in section 10(3) of the Protection of Wages Ordinance, No. 23 of 1965. It would appreciate if the Government would make an effort to collect and forward up to date and documented information on the practical application of the Convention, including, for instance, statistical information on the size of the workforce, copies of applicable collective agreements, extracts from labour inspection reports showing the number of wage-related infringements found and sanctions imposed, etc.