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Protection of Wages Convention, 1949 (No. 95) - Sierra Leone (RATIFICATION: 1961)

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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 and 99 (minimum wages) and No. 95 (protection of wages) together.
Articles 3 of Convention No. 26 and Article 3 of Convention No. 99. Operation of minimum wage-fixing machinery. In its previous comments, the Committee noted the Government’s indication that the then applicable minimum wage was not adequate to match the living standards of an average worker due to the economic situation. The Government indicates in its report that there has been an increase in the minimum wage. In this respect, the Committee notes that Government Notice No. 28, issued by the Joint National Negotiating Board, set a new national minimum wage (800,000 Le per month) with effect from 1 April 2023. According to the Government, the Trade Group Negotiation Council (TGNC) is also engaging on increases to several sectoral minimum wages. In this regard, reference is made to the example of the commercial workers’ TGNC. The Committee requests the Government to continue its efforts related to the operation of its minimum wages fixing machinery, in consultation with social partners, and to provide information on any further development in this respect. It requests the Government to provide information on progress made regarding the effort to increase several sectoral minimum wages.
Articles 5 and 7 of Convention No. 95. Direct payment to worker. Work Stores. In its previous comments, the Committee noted that the Employers and Employed Act, as amended by Amendment Act No. 23 of 1962, did not contain provisions giving effect to Articles 5 and 7. The Committee notes with satisfaction that these two Articles have now been given effect through the Employment Act, No. 15 of 2023 (section 52 and section 58 respectively). The Committee takes note of this information, which addresses its previous request.

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Legislative developments. The Committee notes with interest the adoption of the Employment Act, No. 15 of 2023 which repeals and replaces the Employers and Employed Act, as amended by Amendment Act. No. 23 of 1962. It is noted that at the same time the Regulation of Wages and Industrial Relations Act, No. 3 of 1971 remains in force. Furthermore, the Government indicates in its report that it adopted the Wages and Compensation Commission Act, No. 36 of 2023, which provides for the establishment of a Wages and Compensation Commission aiming to address disparities in pay and remuneration in the public sector of Sierra Leone and streamline the pensions system in the public services. Moreover, the Committee notes that the draft Employment Regulations and a Worker’s Compensation Bill are currently being debated. The Committee requests the Government to provide information on the adoption of the Employment Regulations and the Worker’s Compensation Bill and to transmit a copy of any newly adopted legislation relevant to the application of the Convention.
Articles 6 and 13 of the Convention. Freedom of workers to dispose of their wages. Place and time of payment. Prohibition of payment in taverns and the sort. The Committee notes that the new Employment Act, No. 15 of 2023 does not contain provisions giving effect to Articles 6 and 13 of the Convention. In this context, the Committee reiterates its request that the Government take the necessary measures to give effect to these Articles of the Convention.
Article 8. Deductions. The Committee notes that the Employment Act, No. 15 of 2023 includes several provisions that are dedicated to the regulation of deductions from wages: section 52 prohibits all deductions not stated in the Act, sections 53 and 54 provide for permitted deductions, and section 54 provides for the obligation of the employer to repay wages wrongfully deducted. At the same time, the Committee notes that the Regulation of Wages and Industrial Relations Act, No. 3 of 1971, is still applicable and recalls that section 19(1) of this Act provides that, where a minimum rate of wages has been confirmed by direction of the Commissioner of Labour under this Act, an employer shall, in cases to which the minimum rate is applicable, pay wages to the worker at not less than the minimum rate, clear of all deductions. The Committee recalls once again that section 19 would not apply to any case in which minimum wages have not been prescribed, while Article 8 of the Convention covers all wages. The Committee reiterates its request that the Government takes the necessary measures to give full effect to this Article.
Article 12(1).Regular payment of wages. The Government indicates that with regard to the payment of workers, the draft Employment Regulations under consideration stipulate that a worker shall be paid according to the terms agreed by the parties. Therefore, according to the Government, payment is to be made regularly, and on the days agreed by the worker and employer. It is noted that in the text of the Draft Employment Regulations, communicated to the Office, there is a reference to a “regular monthly salary” and “wage payment intervals”. The Committee reiterates its request that the Government take the necessary measures, including through the ongoing process of adopting the new Employment Regulations, to give full effect to this Article of the Convention and to provide information on any progress made in this regard.

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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 and 99 (minimum wages) and No. 95 (wage protection) together.
The Committee notes the observations of the Sierra Leone Employers Federation (SLEF) on the implementation of Conventions Nos. 26, 95 and 99, transmitted with the Government’s report.
Legislative developments. The Committee previously noted that in the context of the revision of the national labour legislation, a draft Labour Act was prepared with the assistance of the Office. The Committee notes that in its report the Government indicates that consideration has been given to the Office comments to the Draft Labour Law provided in 2018, but that the Labour Act has not been adopted yet. The Committee requests the Government to provide information on the finalization of the labour law reform and to transmit a copy of any newly adopted legislation relevant to the application of the Conventions.
Articles 3 of Convention No. 26 and Article 3 of Convention No. 99. Operation of minimum wage-fixing machinery. The Committee notes the Government’s indication that the Government Notice No. 131, issued by the Joint National Negotiating Board, set a national minimum wage effective from 1 July 2020. The Government also indicates that the current minimum wage is not adequate to match the living standards of an average worker due to the current economic situation and that the new national minimum wage has had an impact on the employment rate. The Committee further notes that in its observations, the SLEF indicates that reviews of some Collective Bargaining Agreements have been concluded considering the prevailing circumstances related to the Covid-19 pandemic, and that they expect similar consideration during the review of the minimum wages. The Committee requests the Government to continue its efforts related to the operation of its minimum wages fixing machinery in consultation with social partners and to provide information on any development in this respect, including reviews of sectoral minimum wages through collective agreements.
Articles 5, 6, 7, 8, 12, and 13 of Convention No. 95. Direct payment. Freedom of workers to dispose of their wages. Works stores. Deductions. Regular payment of wages. Place and time of payment. Prohibition of payment in taverns and the sort. The Committee notes that the relevant legislation, mainly the Employers and Employed Act as amended by Amendment Act No. 23 of 1962, does not contain provisions giving effect to Articles 5, 6, 7, 12 and 13 of the Convention. Moreover, the Committee recalls that section 19(1) of the Regulation of Wages and Industrial Relations Act, No. 3 of 1971 provides that, where a minimum rate of wages has been confirmed by direction of the Commissioner of Labour under this Act, an employer shall, in cases to which the minimum rate is applicable, pay wages to the worker at not less than the minimum rate clear of all deductions. In this regard, it is recalled that Article 8 of the Convention covers all wages. In this context, the Committee requests the Government to take the necessary measures, including through the ongoing process of revision of the labour legislation, to give full effect to all the Articles of the Convention and to provide information on any progress made in this regard.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
The Committee notes that in the context of the revision of the national labour legislation, the Government has requested technical assistance from the Office and, in particular that a draft Labour Act has been submitted for comments. The draft Labour Act is intended to consolidate and revise various pieces of legislation, including the Regulation of Wages and Industrial Relations Act (1971).
While noting with deep concern that the Government’s reports on the application of Conventions Nos 26 (minimum wage) and 95 (protection of wages) have not been received, the Committee hopes that progress will be made towards the adoption of the new legislation in the near future and that the Government will take full advantage of the technical assistance received from the Office so as to ensure that the new Act will be in conformity with ratified Conventions. The Committee expects that the next report will contain full information in this respect.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
The Committee notes that in the context of the revision of the national labour legislation, the Government has requested technical assistance from the Office and, in particular that a draft Labour Act has been submitted for comments. The draft Labour Act is intended to consolidate and revise various pieces of legislation, including the Regulation of Wages and Industrial Relations Act (1971).
While noting with deep concern that the Government’s reports on the application of Conventions Nos 26 (minimum wage) and 95 (protection of wages) have not been received, the Committee hopes that progress will be made towards the adoption of the new legislation in the near future and that the Government will take full advantage of the technical assistance received from the Office so as to ensure that the new Act will be in conformity with ratified Conventions. The Committee expects that the next report will contain full information in this respect.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2004.
Repetition
The Committee notes that in the context of the revision of the national labour legislation, the Government has requested technical assistance from the Office and, in particular that a draft Labour Act has been submitted for comments. The draft Labour Act is intended to consolidate and revise various pieces of legislation, including the Regulation of Wages and Industrial Relations Act (1971).
While noting with deep concern that the Government’s reports on the application of Conventions Nos 26 (minimum wage) and 95 (protection of wages) have not been received, the Committee hopes that progress will be made towards the adoption of the new legislation in the near future and that the Government will take full advantage of the technical assistance received from the Office so as to ensure that the new Act will be in conformity with ratified Conventions. The Committee expects that the next report will contain full information in this respect.

CMNT_TITLE

The Committee notes that in the context of the revision of the national labour legislation, the Government has requested technical assistance from the Office and, in particular that a draft Labour Act has been submitted for comments. The draft Labour Act is intended to consolidate and revise various pieces of legislation, including the Regulation of Wages and Industrial Relations Act (1971).
While noting with deep concern that the Government’s reports on the application of Conventions Nos 26 (minimum wage) and 95 (protection of wages) have not been received, the Committee hopes that progress will be made towards the adoption of the new legislation in the near future and that the Government will take full advantage of the technical assistance received from the Office so as to ensure that the new Act will be in conformity with ratified Conventions. The Committee expects that the next reports will contain full information in this respect.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 16 of the Convention. Full information on legislative amendments. While recalling that the Government has been referring for many years to the imminent adoption of new labour legislation and also recalling that draft amendments had been prepared with the assistance of the Office in order to bring the national legislation into conformity with the requirements of the Convention, the Committee urges the Government to take all the necessary steps without further delay to enact the new law and reminds the Government of the availability of further ILO technical assistance in this regard.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It is therefore bound to repeat its previous comments.
Repetition
Article 16 of the Convention. Full information on legislative amendments. While recalling that the Government has been referring for many years to the imminent adoption of new labour legislation and also recalling that draft amendments had been prepared with the assistance of the Office more than 25 years ago in order to bring the national legislation into conformity with the requirements of the Convention, the Committee urges the Government to take all the necessary steps without further delay to enact the new law and reminds the Government of the availability of further ILO technical assistance in this regard.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.
Repetition
Article 16 of the Convention. Full information on legislative amendments. While recalling that the Government has been referring for the last ten years to the imminent adoption of new labour legislation and also recalling that draft amendments had been prepared with the assistance of the Office more than 20 years ago in order to bring the national legislation into conformity with the requirements of the Convention, the Committee urges the Government to take all the necessary steps without further delay to enact the new law and reminds the Government of the availability of further ILO technical assistance in this regard.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Repetition
Article 16 of the Convention. Full information on legislative amendments. While recalling that the Government has been referring for the last ten years to the imminent adoption of new labour legislation and also recalling that draft amendments had been prepared with the assistance of the Office more than 20 years ago in order to bring the national legislation into conformity with the requirements of the Convention, the Committee urges the Government to take all the necessary steps without further delay to enact the new law and reminds the Government of the availability of further ILO technical assistance in this regard.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Repetition
Article 16 of the Convention. Full information on legislative amendments. While recalling that the Government has been referring for the last ten years to the imminent adoption of new labour legislation and also recalling that draft amendments had been prepared with the assistance of the Office more than 20 years ago in order to bring the national legislation into conformity with the requirements of the Convention, the Committee urges the Government to take all the necessary steps without further delay to enact the new law and reminds the Government of the availability of further ILO technical assistance in this regard.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Repetition
Article 16 of the Convention. Full information on legislative amendments. While recalling that the Government has been referring for the last ten years to the imminent adoption of new labour legislation and also recalling that draft amendments had been prepared with the assistance of the Office more than 20 years ago in order to bring the national legislation into conformity with the requirements of the Convention, the Committee urges the Government to take all the necessary steps without further delay to enact the new law and reminds the Government of the availability of further ILO technical assistance in this regard.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 16 of the Convention. Full information on legislative amendments. While recalling that the Government has been referring for the last ten years to the imminent adoption of new labour legislation and also recalling that draft amendments had been prepared with the assistance of the Office more than 20 years ago in order to bring the national legislation into conformity with the requirements of the Convention, the Committee urges the Government to take all the necessary steps without further delay to enact the new law and reminds the Government of the availability of further ILO technical assistance in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 16 of the Convention. Full information on legislative amendments. The Committee notes the Government’s earlier statement to the effect that, when the new Employment Act enters into force, it would give full effect to Articles 6, 7, 8, 13 and 15(a) of the Convention. While recalling that the Government has been referring for the last ten years to the imminent adoption of new labour legislation and also recalling that draft amendments had been prepared with the assistance of the Office more than 20 years ago in order to bring the national legislation into conformity with the requirements of the Convention, the Committee urges the Government to take all the necessary steps without further delay to enact the new law and reminds the Government of the availability of further ILO technical assistance in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s earlier statement to the effect that, when the new Employment Act enters into force, it would give full effect to Articles 6, 7, 8, 13 and 15(a) of the Convention. While recalling that the Government has been referring for the last ten years to the imminent adoption of new labour legislation and also recalling that draft amendments had been prepared with the assistance of the Office more than 20 years ago in order to bring the national legislation into conformity with the requirements of the Convention, the Committee urges the Government to take all the necessary steps without further delay to enact the new law and reminds the Government of the availability of further ILO technical assistance in this regard.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s earlier statement to the effect that, when the new Employment Act enters into force, it would give full effect to Articles 6, 7, 8, 13 and 15(a) of the Convention. While recalling that the Government has been referring for the last ten years to the imminent adoption of new labour legislation and also recalling that draft amendments had been prepared with the assistance of the Office more than 20 years ago in order to bring the national legislation into conformity with the requirements of the Convention, the Committee urges the Government to take all the necessary steps without further delay to enact the new law and reminds the Government of the availability of further ILO technical assistance in this regard.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s earlier statement to the effect that, when the new Employment Act enters into force, it would give full effect to Articles 6, 7, 8, 13 and 15(a) of the Convention. While recalling that the Government has been referring for the last ten years to the imminent adoption of new labour legislation and also recalling that draft amendments had been prepared with the assistance of the Office more than 20 years ago in order to bring the national legislation into conformity with the requirements of the Convention, the Committee urges the Government to take all the necessary steps without further delay to enact the new law and reminds the Government of the availability of further ILO technical assistance in this regard.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s earlier statement to the effect that, when the new Employment Act enters into force, it would give full effect to Articles 6, 7, 8, 13 and 15(a) of the Convention. While recalling that the Government has been referring for the last ten years to the imminent adoption of new labour legislation and also recalling that draft amendments had been prepared with the assistance of the Office more than 20 years ago in order to bring the national legislation into conformity with the requirements of the Convention, the Committee urges the Government to take all the necessary steps without further delay to enact the new law and reminds the Government of the availability of further ILO technical assistance in this regard.

CMNT_TITLE

The Committee notes the Government’s succinct report in which the Government basically reaffirms that the new Employment Act, when it enters into force, will give full effect to Articles 6, 7, 8, 13 and 15(a) of the Convention. While recalling that the Government has been referring for the last ten years to the imminent adoption of new labour legislation and also recalling that draft amendments had been prepared with the assistance of the Office more than 20 years ago in order to bring the national legislation into conformity with the requirements of the Convention, the Committee urges the Government to take all the necessary steps without further delay to enact the new law and reminds the Government of the availability of further ILO technical assistance in this regard.

[The Government is asked to report in detail in 2005.]

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee noted the Government’s earlier indication that the draft amendment of the Employers and Employed Rules had been according to the Law Officers’ Department, approved by the Cabinet in 1981 and sent to the Government Printer for publication and that nothing showed the actual publication of this amendment.

The Committee recalls that the draft Employers and Employed (Amendment) Rules, which had been drawn up in consultation with the International Labour Office, including provisions giving effect to Article 6 (Freedom of workers to dispose of their wages), Article 7 (Regulation of works stores), Article 8 (Limitation of deductions from wages), Article 13 (Place of wage payment) and Article 15(d) (Keeping of records) of the Convention. The Committee requests the Government to indicate whether the final draft referred to in the Government’s report corresponds to the abovementioned amendment, and to provide a copy of the said draft as well as information on the progress made towards its adoption.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee noted the Government’s earlier indication that the draft amendment of the Employers and Employed Rules had been according to the Law Officers’ Department, approved by the Cabinet in 1981 and sent to the Government Printer for publication and that nothing showed the actual publication of this amendment.

The Committee recalls that the draft Employers and Employed (Amendment) Rules, which had been drawn up in consultation with the International Labour Office, included provisions giving effect to Article 6 (Freedom of workers to dispose of their wages), Article 7 (Regulation of works stores), Article 8 (Limitation of deductions from wages), Article 13 (Place of wage payment) and Article 15(d) (Keeping of records) of the Convention. The Committee requests the Government to indicate whether the final draft referred to in the Government’s report corresponds to the abovementioned amendment, and to provide a copy of the said draft as well as information on the progress made towards its adoption.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

In its previous comments, the Committee noted the Government’s earlier indication that the draft amendment of the Employers and Employed Rules had been according to the Law Officers’ Department, approved by the Cabinet in 1981 and sent to the Government Printer for publication and that nothing showed the actual publication of this amendment.

The Committee recalls that the draft Employers and Employed (Amendment) Rules, which had been drawn up in consultation with the International Labour Office, included provisions giving effect to Article 6 (Freedom of workers to dispose of their wages), Article 7 (Regulation of works stores), Article 8 (Limitation of deductions from wages), Article 13 (Place of wage payment) and Article 15(d) (Keeping of records) of the Convention. The Committee requests the Government to indicate whether the final draft referred to in the Government’s report corresponds to the abovementioned amendment, and to provide a copy of the said draft as well as information on the progress made towards its adoption.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

In its previous comments, the Committee noted the Government’s earlier indication that the draft amendment of the Employers and Employed Rules had been according to the Law Officers’ Department, approved by the Cabinet in 1981 and sent to the Government Printer for publication and that nothing showed the actual publication of this amendment.

The Committee recalls that the draft Employers and Employed (Amendment) Rules, which had been drawn up in consultation with the International Labour Office, included provisions giving effect to Article 6 (Freedom of workers to dispose of their wages), Article 7 (Regulation of works stores), Article 8 (Limitation of deductions from wages), Article 13 (Place of wage payment) and Article 15(d) (Keeping of records) of the Convention. The Committee requests the Government to indicate whether the final draft referred to in the Government’s report corresponds to the abovementioned amendment, and to provide a copy of the said draft as well as information on the progress made towards its adoption.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments, the Committee noted the Government's earlier indication that the draft amendment of the Employers and Employed Rules had been according to the Law Officers' Department, approved by the Cabinet in 1981 and sent to the Government Printer for publication and that nothing showed the actual publication of this amendment.

The Committee recalls that the draft Employers and Employed (Amendment) Rules, which had been drawn up in consultation with the International Labour Office, included provisions giving effect to Article 6 (Freedom of workers to dispose of their wages), Article 7 (Regulation of works stores), Article 8 (Limitation of deductions from wages), Article 13 (Place of wage payment) and Article 15(d) (Keeping of records) of the Convention. The Committee requests the Government to indicate whether the final draft referred to in the Government's report corresponds to the abovementioned amendment, and to provide a copy of the said draft as well as information on the progress made towards its adoption.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments, the Committee noted the Government's earlier indication that the draft amendment of the Employers and Employed Rules had been according to the Law Officers' Department, approved by the Cabinet in 1981 and sent to the Government Printer for publication and that nothing showed the actual publication of this amendment.

The Committee recalls that the draft Employers and Employed (Amendment) Rules, which had been drawn up in consultation with the International Labour Office, included provisions giving effect to Article 6 (freedom of workers to dispose of their wages), Article 7 (regulation of works stores), Article 8 (limitation of deductions from wages), Article 13 (place of wage payment) and Article 15(d) (keeping of records) of the Convention. The Committee requests the Government to indicate whether the final draft referred to in the Government's report corresponds to the above-mentioned amendment, and to provide a copy of the said draft as well as information on the progress made towards its adoption.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received since the last report in 1995 merely referring to "the final draft of the new labour legislation". It hopes that a report will be supplied for examination by the Commitee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments, the Committee noted the Government's earlier indication that the draft amendment of the Employers and Employed Rules had been according to the Law Officers' Department, approved by the Cabinet in 1981 and sent to the Government Printer for publication and that nothing showed the actual publication of this amendment.

The Committee recalls that the draft Employers and Employed (Amendment) Rules, which had been drawn up in consultation with the International Labour Office, included provisions giving effect to Article 6 (freedom of workers to dispose of their wages), Article 7 (regulation of works stores), Article 8 (limitation of deductions from wages), Article 13 (place of wage payment) and Article 15(d) (keeping of records) of the Convention. The Committee requests the Government to indicate whether the final draft referred to in the Government's report corresponds to the above-mentioned amendment, and to provide a copy of the said draft as well as information on the progress made towards its adoption.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received since the last report in 1995 merely referring to "the final draft of the new labour legislation". It hopes that a report will be supplied for examination by the Commitee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments, the Committee noted the Government's earlier indication that the draft amendment of the Employers and Employed Rules had been according to the Law Officers' Department, approved by the Cabinet in 1981 and sent to the Government Printer for publication and that nothing showed the actual publication of this amendment.

The Committee recalls that the draft Employers and Employed (Amendment) Rules, which had been drawn up in consultation with the International Labour Office, included provisions giving effect to Article 6 (freedom of workers to dispose of their wages), Article 7 (regulation of works stores), Article 8 (limitation of deductions from wages), Article 13 (place of wage payment) and Article 15(d) (keeping of records) of the Convention. The Committee requests the Government to indicate whether the final draft referred to in the Government's report corresponds to the above-mentioned amendment, and to provide a copy of the said draft as well as information on the progress made towards its adoption.

[The Government is asked to report in detail in 1996.]

CMNT_TITLE

The Committee notes that the Government's report merely refers to "the final draft of the new labour legislation". It hopes that the Government will supply full information on the following matters raised in its previous direct request:

In its previous comments, the Committee noted the Government's earlier indication that the draft amendment of the Employers and Employed Rules had been according to the Law Officers' Department, approved by the Cabinet in 1981 and sent to the Government Printer for publication and that nothing showed the actual publication of this amendment.

The Committee recalls that the draft Employers and Employed (Amendment) Rules, which had been drawn up in consultation with the International Labour Office, included provisions giving effect to Article 6 (freedom of workers to dispose of their wages), Article 7 (regulation of works stores), Article 8 (limitation of deductions from wages), Article 13 (place of wage payment) and Article 15(d) (keeping of records) of the Convention. The Committee requests the Government to indicate whether the final draft referred to in the Government's report corresponds to the above-mentioned amendment, and to provide a copy of the said draft as well as information on the progress made towards its adoption.

[The Government is asked to report in detail in 1996.]

CMNT_TITLE

With reference to its previous comments, the Committee notes the Government's indication in its report that the draft amendment of the Employers and Employed Rules was, according to the Law Officers' Department, approved by Cabinet in 1981 and sent to the Government Printer for publication and that nothing shows the actual publication of this amendment.

The Committee recalls that the draft Employers and Employed (Amendment) Rules, which had been drawn up in consultation with the International Labour Office, included provisions giving effect to Article 6 (freedom of workers to dispose of their wages), Article 7 (regulation of works stores), Article 8 (limitation of deductions from wages), Article 13 (place of wage payment) and Article 15(d) (keeping of records) of the Convention. The Committee requests the Government to provide information on the result of the inquiry being made with the Government Printer regarding the above-mentioned amendment, and on the measures taken subsequently to give effect to the above provisions of the Convention.

CMNT_TITLE

The Committee noted in 1990 that, in reply to its comments made since a number of years, the Government had indicated in its report that contacts had been renewed with the Law Officers' Department, and that it was hoped that the necessary amendments to the legislation could be enacted soon.

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the above-mentioned legislative amendments with particular reference to the matters raised in its previous direct request, which read as follows:

Articles 6, 7 and 13 of the Convention. The Committee recalls that there are no provisions in national legislation to apply these Articles of the Convention, as the Government has stated in its report. It recalls also that the draft Employers and Employed (Amendment) Rules, which were drawn up in consultation with the International Labour Office, would allow these Articles to be applied. It therefore hopes that the Government will be able to indicate in its next report that this legislation has been adopted.

Article 8. The Committee notes the statement in the Government's report that this Article is applied by section 19 of the Regulation of Wages and Industrial Relations Act, No. 3 of 1971. The Committee notes, as it has done in previous comments, that this section provides that, where minimum wages have been prescribed and are applicable, the minimum wages are to be paid clear of all deductions. However, this covers only the minimum wages, nor would it apply to any case in which minimum wages had not been prescribed, while this Article of the Convention covers all wages. The Committee recalls that a provision to cover this requirement of the Convention was included at section 6(1) of the draft revision of the Employers and Employed Act to which reference has been made above.

Article 15(d). The Committee notes the statement in the Government's report that this Article is applied by sections 19, 24 and 28 of the Regulation of Wages and Industrial Relations Act. The Committee notes that section 24 of that Act requires only that "such records of wages as are necessary" shall be kept by every employer who employs persons to whom minimum wages are applicable, while section 28 lays down penalties for false records. The Committee recalls that a provision which would apply to this Article was included at section 9(3) of the above-mentioned draft legislation (though it would still be necessary for the Government to provide in regulations for the exact form, content and coverage of the records to be kept).

CMNT_TITLE

The Committee noted in 1990 that, in reply to its comments made since a number of years, the Government had indicated in its report received in June 1987 that contacts had been renewed with the Law Officers' Department, and that it was hoped that the necessary amendments to the legislation could be enacted soon.

The Committee notes with regret that the Government's report has not been received and that consequently there is no information on the measures taken to give effect to the various provisions of the Convention which are the subject of the above-mentioned comments. Therefore the Committee is bound to repeat its previous comments which read as follows:

Articles 6, 7 and 13 of the Convention. The Committee recalls that there are no provisions in national legislation to apply these Articles of the Convention, as the Government has stated in its report. It recalls also that the draft Employers and Employed (Amendment) Rules, which were drawn up in consultation with the International Labour Office, would allow these Articles to be applied. It therefore hopes that the Government will be able to indicate in its next report that this legislation has been adopted.

Article 8. The Committee notes the statement in the Government's report that this Article is applied by section 19 of the Regulation of Wages and Industrial Relations Act, No. 3 of 1971. The Committee notes, as it has done in previous comments, that this section provides that, where minimum wages have been prescribed and are applicable, the minimum wages are to be paid clear of all deductions. However, this covers only the minimum wages, nor would it apply to any case in which minimum wages had not been prescribed, while this Article of the Convention covers all wages. The Committee recalls that a provision to cover this requirement of the Convention was included at section 6(1) of the draft revision of the Employers and Employed Act to which reference has been made above.

Article 15(d). The Committee notes the statement in the Government's report that this Article is applied by sections 19, 24 and 28 of the Regulation of Wages and Industrial Relations Act. The Committee notes that section 24 of that Act requires only that "such records of wages as are necessary" shall be kept by every employer who employs persons to whom minimum wages are applicable, while section 28 lays down penalties for false records. The Committee recalls that a provision which would apply to this Article was included at section 9(3) of the above-mentioned draft legislation (though it would still be necessary for the Government to provide in regulations for the exact form, content and coverage of the records to be kept).

The Committee trusts that the Government will supply a report for examination by the Committee at its next session and that it will indicate the measures taken to give effect to the above provision of the Convention.

CMNT_TITLE

In reply to the Committee's comments made since a number of years, the Government indicated in its report received in June 1987 that contacts had been renewed with the Law Officers' Department, and that it was hoped that the necessary amendments to the legislation could be enacted soon.

The Committee observes that the Government's report has not been received and that consequently there is no information on the measures taken to give effect to the various provisions of the Convention which are the subject of the above-mentioned comments. Therefore the Committee is bound to repeat its previous comments which read as follows:

Articles 6, 7 and 13 of the Convention. The Committee recalls that there are no provisions in national legislation to apply these Articles of the Convention, as the Government has stated in its report. It recalls also that the draft Employers and Employed (Amendment) Rules, which were drawn up in consultation with the International Labour Office, would allow these Articles to be applied. It therefore hopes that the Government will be able to indicate in its next report that this legislation has been adopted.

Article 8. The Committee notes the statement in the Government's report that this Article is applied by section 19 of the Regulation of Wages and Industrial Relations Act, No. 3 of 1971. The Committee notes, as it has done in previous comments, that this section provides that, where minimum wages have been prescribed and are applicable, the minimum wages are to be paid clear of all deductions. However, this covers only the minimum wages, nor would it apply to any case in which minimum wages had not been prescribed, while this Article of the Convention covers all wages. The Committee recalls that a provision to cover this requirement of the Convention was included at section 6(1) of the draft revision of the Employers and Employed Act to which reference has been made above.

Article 15(d). The Committee notes the statement in the Government's report that this Article is applied by sections 19, 24 and 28 of the Regulation of Wages and Industrial Relations Act. The Committee notes that section 24 of that Act requires only that "such records of wages as are necessary" shall be kept by every employer who employs persons to whom minimum wages are applicable, while section 28 lays down penalties for false records. The Committee recalls that a provision which would apply to this Article was included at section 9(3) of the above-mentioned draft legislation (though it would still be necessary for the Government to provide in regulations for the exact form, content and coverage of the records to be kept).

The Committee trusts that the Government will supply a report for examination by the Committee at its next session and that it will indicate the measures taken to give effect to the above provision of the Convention.

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