Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the information sent by the Government in its report to the effect that work is under way to examine ratification of certain ILO Conventions, including the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173). It requests the Government to keep it informed of any developments in this respect.

The Committee also notes the information from the Government to the effect that certain categories of workers are excluded, totally or partly, from the scope of the Labour Code. It reminds the Government that, in accordance with Article 2, paragraph 1, the Convention applies to all persons to whom a wage is paid or payable. The Government is asked to provide more detailed information on the categories of workers excluded from the scope of the Labour Code and on any other provisions of the law ensuring protection of their wages. The Committee refers the Government in this context to its comments on Conventions Nos 29 and 31 concerning the conditions of employment of a very large number of foreign domestic workers. The Committee hopes that the Government will not fail to step up its efforts to ensure adequate protection for this particularly vulnerable group of workers, including protection of their wages.

The Committee also notes the information sent by the Government regarding breaches of the Labour Code reported in 2003 by the labour inspection services. It notes that the only contraventions reported concern the application of section 43 of the Labour Code on the establishment of written labour contracts, and that other provisions of the Code regarding wage protection – such as section 45 (payment in legal tender) – are not even mentioned in the inspection checklist. The Committee requests the Government to provide detailed information on the application of the Convention in practice, particularly on the number of inspection visits carried out annually, the manner in which compliance with the provisions of the law on wage protection (for example: method of payment, amount of and reasons for deductions, provision of payslip, etc.) is supervised, and the penalties imposed for breach of these rules.