Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the information supplied by the Government in its report. It notes in particular the adoption of Act No. 033-2004/AN of 29 October 2004 issuing the Labour Code. The Committee would appreciate further information on the following matters.

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that sections 105, 106 and 108 of the old Labour Code of 1992 are reproduced in sections 176, 177 and 179 of the new Labour Code of 2004. It also notes the Government’s statement that partial payment of wages in kind (adequate accommodation and regular food supply) is common practice in the construction and public works sector and is monitored by the labour inspection services, but that so far no regulations have been adopted to establish arrangements for these and other allowances paid in kind. The Committee hopes that the Government will adopt the relevant ministerial orders without delay and asks it to report on progress in this matter.

The Committee further notes that according to section 397 of the new Labour Code, the implementing regulations to Act No. 11/92/ADP of 22 December 1992 remain in force in respect of everything that is not contrary to the Code. The Committee therefore asks the Government to specify whether Orders Nos. 77‑312 and 77-313 of 17 November 1977 establishing, respectively, the instances and conditions in which daily rations and accommodation are to be supplied, are still in force.

Article 6. Prohibition on limiting the freedom of workers to dispose of their wages. The Committee observes that sections 183 and 184 of the new Labour Code to which the Government refers in connection with this provision of the Convention, are in no way linked to the prohibition on limiting the workers’ freedom to dispose of their wages. The Committee draws the Government’s attention to paragraph 210 of its General Survey of 2003 on the protection of wages, in which it expressed the view that “nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention”. The Committee accordingly asks the Government to indicate the measures taken or envisaged to bring its legislation into line with the Convention on this point.

Article 8. Deductions from wages. The Committee notes with satisfaction that, as it suggested in its previous comments, section 203 of the new Labour Code no longer provides for deductions or deposits to be prescribed in individual contracts of employment, but only in collective agreements.

Article 10. Attachment and assignment of wages. The Committee hopes that the Government will shortly be in a position to provide copies of the orders provided for in section 204 of the new Labour Code prescribing the limits within which wages may be attached or assigned, and the maximum allowable amounts of such deductions.

The Committee further notes that according to section 397 of the new Labour Code, the implementing regulations to Act No. 11/92/ADP of 22 December 1992 remain in force in respect of everything that is not contrary to the Code. The Committee therefore asks the Government to specify whether Order No. 55-972 of 16 July 1955 respecting attachment, assignment and deductions from wages is still in force.

Part V of the report form. The Committee would be grateful if the Government would provide general information on the application of the Convention, including, for instance, extracts of reports by the labour inspection services that refer to wage protection, together with information on any difficulties of a practical nature encountered in implementing the Convention, etc.