Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Chad (Ratification: 2000)

Other comments on C173

Direct Request

2014
2012
2011
2007
2004

Replies received to the issues raised in a direct request which do not give rise to further comments

2019

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Article 1(1) and (2) of the Convention. Definition of the term “insolvency”. In its previous comment, the Committee requested the Government to specify whether the term “insolvency” is defined in law and, if so, to provide a copy of the relevant text. The Committee notes that the Government’s report does not contain any further information in reply to its request. The Committee once again requests the Government to indicate in its next report whether national legislation defines the term “insolvency” and, if so, to provide a copy of the respective text.

Article 1(3). Employer’s assets. With reference to its previous comment, the Committee notes that the Government has not provided any information on the responsibility of the employer in the event of insolvency (for example, whether or not responsibility extends to the employer’s personal goods, whether certain goods may not be seized, etc.). Section 268 of the Labour Code only provides that wage claims enjoy preferential treatment over the employer’s moveable and immoveable property, without any further details. The Committee once again requests the Government to indicate the scope of the employer’s responsibility in the event of insolvency.

Articles 5 and 6. Protected claims. With reference to its previous comment, the Committee notes the Government’s indication that wage claims represent all sums due to employed persons by reason of the execution or rupture of the contract. They consist of wages and any indemnities that form part of the social entitlements of employed persons. However, the Committee notes that these provisions refer in general to claims arising out of contractual employment relationships, without specifying whether they shall enjoy a privilege, such as wages, claims in relation to holiday pay and other types of paid absence (such as sick or maternity leave), and severance pay. The Committee therefore requests the Government to specify the legislative provisions that ensure that the four types of claims referred to in this Article of the Convention are considered as enjoying a privilege in bankruptcy proceedings.