Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the information supplied by the Government in its report as well as the adoption of Decree No. 3.235 of 20 January 1999 to make regulations under the Organic Labour Act.

Article 2 of the Convention. Further to its previous comment, the Committee notes the Government’s intention to undertake a labour reform, having already designated by resolution No. 580 of 16 March 2000 a committee of experts in order to carry out a detailed examination of all labour laws and regulations, including those on special conditions of employment, which will provide the opportunity to improve the situation of domestic workers. Recalling that the Convention applies to all workers to whom wages are paid or payable, the Committee hopes that the Government will take whatever steps may be necessary to ensure that all workers without exception benefit from wage protection in accordance with the terms of the Convention. It requests the Government to keep it informed of any progress made in this respect.

Article 8. The Committee notes the Government’s reference to sections 108(2), 134, 165 and 670 of the Organic Labour Act as being related to section 132 of the same Act which provides that wages cannot be pledged as guarantee except in the cases and within the limits determined by law. The Committee would appreciate the Government making an effort to provide in its next report: (i) an exhaustive list of all the cases in which wages may be pledged as guarantee; (ii) the overall limits to authorized deductions in connection with these cases; (iii) the applicable legal provisions and copies of any relevant legal text not already supplied; and (iv) information, in accordance with Part V of the report form, on the application of such provisions in practice.

Article 9. Noting that the Organic Labour Act and its Regulations contain no provision explicitly prohibiting any deduction from wages with a view to ensuring a direct or indirect payment made by a worker to an employer for the purpose of obtaining or retaining employment, the Committee requests the Government to take the necessary action to ensure that full effect is given to the Convention in this regard.

Article 12(2). While noting the provision of section 165 of the Organic Labour Act, the Committee asks the Government to indicate the measures taken or contemplated to ensure that, upon the termination of a contract of employment, a final settlement of wages is effected within a reasonable period of time in accordance with the terms of this Article of the Convention.

Article 15(d). The Committee notes the information supplied by the Government to the effect that, by virtue of articles 4 and 5 of resolution No. 2.921 of 14 April 1998, employers must submit to the competent authorities once every three months a report containing information on the number of workers employed, the type of employment, the hours of work performed, and the amount of wages paid. However, the Committee is bound to observe that this reporting requirement involves rather general information for statistical purposes and therefore does not fully satisfy the conditions set out in the Convention with regard to the maintenance of adequate wage records. The Committee asks the Government to indicate measures taken to ensure that detailed payroll records are maintained, showing in respect of each worker employed such particulars as the gross amount of wages earned, any deduction including the reasons therefore and the net amount of wages due.