Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 2 of the Convention. Scope of application. In reply to its previous comments on the need to extend protection in respect of payment of wages to those agricultural workers who are currently excluded from the scope of application of the Labour Code, the Government refers to section 5 of the new draft Labour Code, which was prepared by a tripartite committee set up in accordance with Order No. 210/1 of 21 December 2000, and indicates that the conditions of work of all categories of workers exempted from the application of the Labour Code will be regulated by decrees issued by the Council of Ministers. The Committee trusts that when preparing the Decree on agricultural workers, the Government will not fail to reflect all the requirements of the Convention and requests the Government to transmit a copy of the Decree as soon as it is issued. The Committee would also be grateful if the Government would provide additional information on the application of the Convention as regards other categories of workers in need of protection such as domestic workers, and in particular foreign domestic workers, who may be vulnerable to abusive remuneration practices.

Articles 5 and 6. Payment of wages directly to the worker concerned and use of wages free from constraint. The Committee notes the Government’s explanations according to which sections 47 and 57(5) of the new draft Labour Code give full effect to the provisions of the Convention concerning the payment of wages directly to the worker concerned and the prohibition against limiting in any manner the freedom of workers to dispose of their wages. The Committee hopes that the new legislation will be finalized shortly and would appreciate receiving a copy once it is adopted.

Part V of the report form. While noting the Government’s indication that according to labour inspection reports the cases of non payment of wages are extremely rare in the country, the Committee would be grateful if the Government would continue to provide all available information on the manner in which the Convention is applied in practice, including for instance statistics on the number of workers covered by relevant legislation, detailed inspection results on wage-related offences, copies of official documents or studies on wages issues, etc.