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Sudan

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (RATIFICATION: 1957)
Protection of Wages Convention, 1949 (No. 95) (RATIFICATION: 1970)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages) and 95 (protection of wages) together.

The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Minimum wage

Article 3 of Convention No. 26. Minimum wage-fixing machinery. Method of operation and consultations with the social partners. Further to its previous comments, the Committee notes the Government’s indication in its report that: (i) in practice, the social partners participate equally in tribunals established under the Wages and Conditions of Employment Tribunals Act, 1976, to determine minimum wage rates for certain categories of workers; and (ii) work was under way to amend that Act to reflect the current practice. It also notes the information available on the composition and mandate of the Higher Council on Wages, as contained in the Higher Council on Wages Act, 2004. It notes in particular that one of the objectives of the Council is to propose and track the economic and social variables affecting the minimum wage (section 5 of the 2004 Act) and that in order to perform its work, the Council has the power to make occasional recommendations on the minimum wage level in the public and private sectors (section 6(j) of the 2004 Act). The Committee requests the Government to provide information on the operation of the Higher Council of Wages in practice and the work it has carried out regarding the minimum wage, as well as on any subsequent decisions adopted in this regard.

Protection of wages

Labour law reform. In its previous comments, the Committee noted the Government’s reference to a revision process relating to the Labour Code, which is the main legislation implementing Convention No. 95. As it had been drawing the Government’s attention to issues of conformity concerning the application of various provisions of the Convention, the Committee requested the Government to ensure that the revision process would lead to greater compliance in this regard. The Committee notes that the Government does not refer to the revision process in its report and that no information is available on progress made towards the finalization of the reform. In this context, it reminds the Government of the possibility of availing itself of ILO technical assistance and requests the Government to take the necessary measures to give effect to the points raised below. It requests the Government to provide information in this regard.

Article 2 of the Convention. Scope of application. The Committee recalls that under section 3 of the Labour Code, various categories of workers are excluded from its scope of application, including public servants, domestic workers, certain agricultural workers and casual workers. The Committee recalls that the Convention applies to all persons to whom wages are paid or payable. It also recalls the limited and provisional nature of the exemptions permitted under the Convention. The Committee requests the Government to consider extending the protection of the Labour Code to the above workers. Where exclusions remained, it requests the Government to take the necessary measures to ensure that the workers concerned benefit from the protection afforded by the Convention.

Article 4. Partial payment of wages in kind. The Committee notes that section 35(1) of the Labour Code authorizes payments in kind without however prescribing any conditions for such payments. It notes that the Government indicates that in practice payments in kind do not exceed 20 per cent of the total wage. Recalling that Article 4 provides that appropriate measures must be taken to ensure that the value attributed to allowances in kind is fair and reasonable, the Committee considers that a limit based on practice is not sufficient to ensure the effective implementation of this Article. The Committee requests the Government to take the necessary measures to give full effect to this provision.

Article 6. Freedom of workers to dispose of their wages. The Committee notes that the prohibition for employers to limit in any manner the freedom of workers to dispose of their wages is not contained in the Labour Code. The Committee requests the Government to consider inserting such a provision in any revision of the Labour Code.

Article 10. Attachment of wages. Further to its previous comments, the Committee notes the Government’s indication that the attachment of wages is only possible for the payment of maintenance allowances following a court’s decision.

Article 14. Payslips. Further to its previous comments, the Committee notes the Government’s indication that the notification of the receipt of wages is in the form of a pay stub issued when the worker receives the wage.