Protection of Wages Convention, 1949 (No. 95) - Uganda (RATIFICATION: 1963)

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Previous comment

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

Legislation. Following its previous comment, the Committee notes that the Employment Act, 2006, was amended by the Employment (Amendment) (No. 2) Bill, 2022, adopted on 7 December 2022.

A. Minimum wage

Article 3 of Convention No. 26. Operation of the minimum wage-fixing machinery. Following its previous comment, the Committee notes that, according to the Government’s indication in its report, the Minimum Wages Advisory Board is a tripartite body whose members are tasked with undertaking an analysis on the wage trends in the different regions and sectors of the economy and to submit recommendations to the Minister. The Government adds that the Board that was set up in 2016 recommended a general minimum wage of 136,000 Uganda shillings but that this recommendation was rejected by the Cabinet, which opted for sector-based minimum wages and also requested that further consultation be organized. The Government further states that the current minimum wage (6,000 Uganda shillings) is far below the estimated 250,000 Uganda shillings living wage, and is also below the poverty line. The Committee urges the Government: (i) to take the necessary measures so that the level of the minimum wage, which was last set in 1984, be revisedwithout further delay and in consultation with employers’ and workers’ organizations; and (ii) to provide information on any progress made in that respect.

B. Protection of wages

Article 1 of Convention No. 95. Coverage of all parts of the remuneration. The Committee notes that the Employment (Amendment) (No. 2) Bill, 2022, has not amended the definition of “wages” under section 2 of the Employment Act, 2006. As a consequence, the Committee once again requests the Government to provide information on any measure taken or envisaged to provide workers with the protection afforded in the Convention in relation to the elements of their remuneration which are excluded under section 2 of the Employment Act, 2006.

Article 4. Partial payment in kind. In the absence of new information in this respect, the Committee once again requests the Government to indicate whether regulations on the partial payment of wages in kind have been adopted.

Article 7(2). Works stores. In the absence of new information in this respect, the Committee once again requests the Government to indicate what measures are in place in order to ensure that goods are sold and services are provided at fair and reasonable prices in work stores or that work stores and services are not operated by the employer for the purpose of securing a profit but for the benefit of the workers concerned.

Article 8. Deductions from wages.In the absence of new information in this respect, the Committee once again requests the Government to take the necessary measures for the establishment of specific and overall limits to deductions of wages.

Article 12(1). Regular payment of wages. In reply to the Committee’s previous comment, the Government indicates that the Industrial Court of Uganda orders the repayment of salaries of workers who are not paid their minimum wage. While noting this information, the Committee once again requests the Government to provide up-to-date information on the situation of wage arrears in the country, including data on the number of workers affected by non-payment or delayed payment of wages, the sectors concerned and the results of labour inspections on these issues.

Article 14(a). Information on wages before entering employment.In the absence of new information in this respect, the Committee once again requests the Government to indicate which measures are in place in order to ensure full implementation of this provision.

[The Government is asked to reply in full to the present comments in 2024.]

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The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, 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

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

Legislative developments. The Committee notes that, according to information provided by the ILO Country Office for the United Republic of Tanzania, Burundi, Kenya, Rwanda and Uganda, the Employment Act 2006 is currently being revised in consultation with social partners.The Committee requests the Government to provide information on the developments in this regard, and to provide a copy of the amended Employment Act 2006, once adopted. The Committee also hopes that its comments on the Protection of Wages Convention, 1949 (No. 95) will be taken into account in the framework of the revision of the Act, and recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Minimum wage

Article 3 of Convention No. 26. Operation of the minimum wage fixing machinery. The Committee recalls that, following the discussion of this case before the Conference Committee on the Application of Standards in June 2014, it had requested the Government to provide information with regard to the announced reactivation of the Minimum Wages Advisory Board and the subsequent fixation of a new minimum wage in the country. The Committee notes that the Government indicates in its report that a Minimum Wages Advisory Board was appointed in 2015 and that it undertook a comprehensive study of the economy with a view to providing advice to the Government on the feasibility of fixing a minimum wage in the country and the form that the minimum wage should take. The Government also indicates that the report of the Board was under discussion in the Cabinet. Despite the progress made with the reactivation of the minimum wage fixing mechanism in 2015, the Committee notes with concern that the minimum wage, which was last set in 1984, has yet to be adjusted.It therefore requests the Government to take the necessary measures to revise the level of the minimum wage without further delay. Recalling the importance of ensuring the close involvement of employers’ and workers’ organizations at all stages of this process, the Committee requests the Government to provide information on the composition of the Minimum Wages Advisory Board and on the consultations undertaken with the social partners in revising the level of the minimum wage.

Protection of wages

The Committee notes with deep concern that the Government’s report on Convention No. 95, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of Convention No. 95 on the basis of the information at its disposal.

Following its examination of the information at its disposal, the Committee notes that it is still missing important information on measures giving effect to Articles 1, 4, 7(2), 8, 10, 12(1) and 14(a) of Convention No. 95. The Committee is therefore bound to repeat its previous comments with regard to those Articles.

Article 1 of Convention No. 95. Coverage of all parts of the remuneration. The Committee notes that the definition of “wages” in section 2 of the Employment Act excludes “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. The Committee recalls that the definition of wages for the purposes of the Convention is very broad and that it intends to cover the benefits excluded under section 2 of the Employment Act.Since this Act is the main legislation implementing the Convention, the Committee requests the Government to indicate the measures taken to provide workers with the protection afforded in the Convention in relation to the elements of their remuneration which are excluded under section 2 of the Employment Act.

Article 4. Partial payment in kind. The Committee notes that sections 41(3) and 97(2)(i) of the Employment Act address the issue of partial payment of wages in kind and provide that the Minister may adopt regulations on this matter.It requests the Government to indicate whether such regulations have been adopted.

Article 7(2). Works stores. The Committee notes that section 41(4) of the Employment Act provides that an employee shall not be obliged to make use of any shops established by the employer for the use of his or her employees or services operated in connection with the undertaking. The Committee recalls that Article 7(2) requires that where access to other stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and in the interest of the workers.The Committee therefore requests the Government to indicate what measures are in place in order to ensure the application of this provision of the Convention.

Articles 8 and 10. Deductions from wages and attachment of wages. The Committee notes that section 46(1) of the Employment Act provides a list of authorized deductions from wages and that section 46(3) provides that attachment of wages shall be limited to no more than two-thirds of all remuneration due in respect of a specific pay period. The Committee therefore notes that, while there is an overall limit on attachment of wages, there is no such limit for deductions from wages. In this regard, the Committee recalls that, in addition to setting specific limits for each type of deduction, it is also important to establish an overall limit beyond which wages cannot be further reduced, in order to protect the income of workers in the case of multiple deductions.The Committee therefore requests the Government to take the necessary measures for the establishment of specific and overall limits to deductions from wages.

Article 12(1). Regular payment of wages. With reference to its previous request concerning the issue of irregular payment of wages, the Committee notes that the Government merely repeats in its report the information previously provided. In relation to the lack of a functional Industrial Court, which had been noted in its previous comments, the Committee notes that information is available on the Court’s website indicating that a number of awards have been adopted since 2015. It also notes that two judges and the registrar of the Court have participated in a training activity on international labour standards delivered by the International Training Centre of the ILO in Turin in June 2017.In this context, the Committee once again requests the Government to provide up-to-date information on the situation of wage arrears in the country, including data on the number of workers affected by non-payment or delayed payment of wages, the sectors concerned and the results of labour inspections on these issues, and to indicate whether the Industrial Court has been dealing with any such cases.

Article 14(a). Information on wages before entering employment. The Committee notes that section 59 of the Employment Act provides that an employee shall receive from the employer information on wages not later than 12 weeks after the date on which employment commences. The Committee recalls that Article 14(a) requires effective measures to be taken in order to ensure that employees are informed of the conditions in respect of wages before they enter employment.The Committee therefore requests the Government to indicate which measures are in place in order to ensure full implementation of this Article of the Convention.

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

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

Legislative developments. The Committee notes that, according to information provided by the ILO Country Office for the United Republic of Tanzania, Burundi, Kenya, Rwanda and Uganda, the Employment Act 2006 is currently being revised in consultation with social partners. The Committee requests the Government to provide information on the developments in this regard, and to provide a copy of the amended Employment Act 2006, once adopted. The Committee also hopes that its comments on the Protection of Wages Convention, 1949 (No. 95) will be taken into account in the framework of the revision of the Act, and recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

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 2022, 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.

Article 3 of Convention No. 26. Operation of the minimum wage fixing machinery. The Committee recalls that, following the discussion of this case before the Conference Committee on the Application of Standards in June 2014, it had requested the Government to provide information with regard to the announced reactivation of the Minimum Wages Advisory Board and the subsequent fixation of a new minimum wage in the country. The Committee notes that the Government indicates in its report that a Minimum Wages Advisory Board was appointed in 2015 and that it undertook a comprehensive study of the economy with a view to providing advice to the Government on the feasibility of fixing a minimum wage in the country and the form that the minimum wage should take. The Government also indicates that the report of the Board was under discussion in the Cabinet. Despite the progress made with the reactivation of the minimum wage fixing mechanism in 2015, the Committee notes with concern that the minimum wage, which was last set in 1984, has yet to be adjusted. It therefore requests the Government to take the necessary measures to revise the level of the minimum wage without further delay. Recalling the importance of ensuring the close involvement of employers’ and workers’ organizations at all stages of this process, the Committee requests the Government to provide information on the composition of the Minimum Wages Advisory Board and on the consultations undertaken with the social partners in revising the level of the minimum wage.

The Committee notes with deep concern that the Government’s report on Convention No. 95, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of Convention No. 95 on the basis of the information at its disposal.

Following its examination of the information at its disposal, the Committee notes that it is still missing important information on measures giving effect to Articles 1, 4, 7(2), 8, 10, 12(1) and 14(a) of Convention No. 95. The Committee is therefore bound to repeat its previous comments with regard to those Articles.

Article 1 of Convention No. 95. Coverage of all parts of the remuneration. The Committee notes that the definition of “wages” in section 2 of the Employment Act excludes “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. The Committee recalls that the definition of wages for the purposes of the Convention is very broad and that it intends to cover the benefits excluded under section 2 of the Employment Act. Since this Act is the main legislation implementing the Convention, the Committee requests the Government to indicate the measures taken to provide workers with the protection afforded in the Convention in relation to the elements of their remuneration which are excluded under section 2 of the Employment Act.

Article 4. Partial payment in kind. The Committee notes that sections 41(3) and 97(2)(i) of the Employment Act address the issue of partial payment of wages in kind and provide that the Minister may adopt regulations on this matter. It requests the Government to indicate whether such regulations have been adopted.

Article 7(2). Works stores. The Committee notes that section 41(4) of the Employment Act provides that an employee shall not be obliged to make use of any shops established by the employer for the use of his or her employees or services operated in connection with the undertaking. The Committee recalls that Article 7(2) requires that where access to other stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and in the interest of the workers. The Committee therefore requests the Government to indicate what measures are in place in order to ensure the application of this provision of the Convention.

Articles 8 and 10. Deductions from wages and attachment of wages. The Committee notes that section 46(1) of the Employment Act provides a list of authorized deductions from wages and that section 46(3) provides that attachment of wages shall be limited to no more than two-thirds of all remuneration due in respect of a specific pay period. The Committee therefore notes that, while there is an overall limit on attachment of wages, there is no such limit for deductions from wages. In this regard, the Committee recalls that, in addition to setting specific limits for each type of deduction, it is also important to establish an overall limit beyond which wages cannot be further reduced, in order to protect the income of workers in the case of multiple deductions. The Committee therefore requests the Government to take the necessary measures for the establishment of specific and overall limits to deductions from wages.

Article 12(1). Regular payment of wages. With reference to its previous request concerning the issue of irregular payment of wages, the Committee notes that the Government merely repeats in its report the information previously provided. In relation to the lack of a functional Industrial Court, which had been noted in its previous comments, the Committee notes that information is available on the Court’s website indicating that a number of awards have been adopted since 2015. It also notes that two judges and the registrar of the Court have participated in a training activity on international labour standards delivered by the International Training Centre of the ILO in Turin in June 2017. In this context, the Committee once again requests the Government to provide up-to-date information on the situation of wage arrears in the country, including data on the number of workers affected by non-payment or delayed payment of wages, the sectors concerned and the results of labour inspections on these issues, and to indicate whether the Industrial Court has been dealing with any such cases.

Article 14(a). Information on wages before entering employment. The Committee notes that section 59 of the Employment Act provides that an employee shall receive from the employer information on wages not later than 12 weeks after the date on which employment commences. The Committee recalls that Article 14(a) requires effective measures to be taken in order to ensure that employees are informed of the conditions in respect of wages before they enter employment. The Committee therefore requests the Government to indicate which measures are in place in order to ensure full implementation of this Article of the Convention.

[The Government is asked to reply in full to the present comments in 2022.]

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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

Article 1 of the Convention. Coverage of all parts of the remuneration. The Committee notes that the definition of “wages” in section 2 of the Employment Act excludes “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. The Committee recalls that the definition of wages for the purposes of the Convention is very broad and that it intends to cover the benefits excluded under section 2 of the Employment Act. Since this Act is the main legislation implementing the Convention, the Committee requests the Government to indicate the measures taken to provide workers with the protection afforded in the Convention in relation to the elements of their remuneration which are excluded under section 2 of the Employment Act.

Article 4. Partial payment in kind. The Committee notes that sections 41(3) and 97(2)(i) of the Employment Act address the issue of partial payment of wages in kind and provide that the Minister may adopt regulations on this matter. It requests the Government to indicate whether such regulations have been adopted.

Article 7(2). Works stores. The Committee notes that section 41(4) of the Employment Act provides that an employee shall not be obliged to make use of any shops established by the employer for the use of his or her employees or services operated in connection with the undertaking. The Committee recalls that Article 7(2) requires that where access to other stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and in the interest of the workers. The Committee therefore requests the Government to indicate what measures are in place in order to ensure the application of this provision of the Convention.

Articles 8 and 10. Deductions from wages and attachment of wages. The Committee notes that section 46(1) of the Employment Act provides a list of authorized deductions from wages and that section 46(3) provides that attachment of wages shall be limited to no more than two-thirds of all remuneration due in respect of a specific pay period. The Committee therefore notes that, while there is an overall limit on attachment of wages, there is no such limit for deductions from wages. In this regard, the Committee recalls that, in addition to setting specific limits for each type of deduction, it is also important to establish an overall limit beyond which wages cannot be further reduced, in order to protect the income of workers in the case of multiple deductions. The Committee therefore requests the Government to take the necessary measures for the establishment of specific and overall limits to deductions from wages.

Article 12(1). Regular payment of wages. With reference to its previous request concerning the issue of irregular payment of wages, the Committee notes that the Government merely repeats in its report the information previously provided. In relation to the lack of a functional Industrial Court, which had been noted in its previous comments, the Committee notes that information is available on the Court’s website indicating that a number of awards have been adopted since 2015. It also notes that two judges and the registrar of the Court have participated in a training activity on international labour standards delivered by the International Training Centre of the ILO in Turin in June 2017. In this context, the Committee once again requests the Government to provide up to date information on the situation of wage arrears in the country, including data on the number of workers affected by non-payment or delayed payment of wages, the sectors concerned and the results of labour inspections on these issues, and to indicate whether the Industrial Court has been dealing with any such cases.

Article 14(a). Information on wages before entering employment. The Committee notes that section 59 of the Employment Act provides that an employee shall receive from the employer information on wages not later than 12 weeks after the date on which employment commences. The Committee recalls that Article 14(a) requires effective measures to be taken in order to ensure that employees are informed of the conditions in respect of wages before they enter employment. The Committee therefore requests the Government to indicate which measures are in place in order to ensure full implementation of this Article of the Convention.

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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 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

Article 1 of the Convention. Coverage of all parts of the remuneration. The Committee notes that the definition of “wages” in section 2 of the Employment Act excludes “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. The Committee recalls that the definition of wages for the purposes of the Convention is very broad and that it intends to cover the benefits excluded under section 2 of the Employment Act. Since this Act is the main legislation implementing the Convention, the Committee requests the Government to indicate the measures taken to provide workers with the protection afforded in the Convention in relation to the elements of their remuneration which are excluded under section 2 of the Employment Act.

Article 4. Partial payment in kind. The Committee notes that sections 41(3) and 97(2)(i) of the Employment Act address the issue of partial payment of wages in kind and provide that the Minister may adopt regulations on this matter. It requests the Government to indicate whether such regulations have been adopted.

Article 7(2). Works stores. The Committee notes that section 41(4) of the Employment Act provides that an employee shall not be obliged to make use of any shops established by the employer for the use of his or her employees or services operated in connection with the undertaking. The Committee recalls that Article 7(2) requires that where access to other stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and in the interest of the workers. The Committee therefore requests the Government to indicate what measures are in place in order to ensure the application of this provision of the Convention.

Articles 8 and 10. Deductions from wages and attachment of wages. The Committee notes that section 46(1) of the Employment Act provides a list of authorized deductions from wages and that section 46(3) provides that attachment of wages shall be limited to no more than two-thirds of all remuneration due in respect of a specific pay period. The Committee therefore notes that, while there is an overall limit on attachment of wages, there is no such limit for deductions from wages. In this regard, the Committee recalls that, in addition to setting specific limits for each type of deduction, it is also important to establish an overall limit beyond which wages cannot be further reduced, in order to protect the income of workers in the case of multiple deductions. The Committee therefore requests the Government to take the necessary measures for the establishment of specific and overall limits to deductions from wages.

Article 12(1). Regular payment of wages. With reference to its previous request concerning the issue of irregular payment of wages, the Committee notes that the Government merely repeats in its report the information previously provided. In relation to the lack of a functional Industrial Court, which had been noted in its previous comments, the Committee notes that information is available on the Court’s website indicating that a number of awards have been adopted since 2015. It also notes that two judges and the registrar of the Court have participated in a training activity on international labour standards delivered by the International Training Centre of the ILO in Turin in June 2017. In this context, the Committee once again requests the Government to provide up to date information on the situation of wage arrears in the country, including data on the number of workers affected by non-payment or delayed payment of wages, the sectors concerned and the results of labour inspections on these issues, and to indicate whether the Industrial Court has been dealing with any such cases.

Article 14(a). Information on wages before entering employment. The Committee notes that section 59 of the Employment Act provides that an employee shall receive from the employer information on wages not later than 12 weeks after the date on which employment commences. The Committee recalls that Article 14(a) requires effective measures to be taken in order to ensure that employees are informed of the conditions in respect of wages before they enter employment. The Committee therefore requests the Government to indicate which measures are in place in order to ensure full implementation of this Article of the Convention.

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Article 1 of the Convention. Coverage of all parts of the remuneration. The Committee notes that the definition of “wages” in section 2 of the Employment Act excludes “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. The Committee recalls that the definition of wages for the purposes of the Convention is very broad and that it intends to cover the benefits excluded under section 2 of the Employment Act. Since this Act is the main legislation implementing the Convention, the Committee requests the Government to indicate the measures taken to provide workers with the protection afforded in the Convention in relation to the elements of their remuneration which are excluded under section 2 of the Employment Act.

Article 4. Partial payment in kind. The Committee notes that sections 41(3) and 97(2)(i) of the Employment Act address the issue of partial payment of wages in kind and provide that the Minister may adopt regulations on this matter. It requests the Government to indicate whether such regulations have been adopted.

Article 7(2). Works stores. The Committee notes that section 41(4) of the Employment Act provides that an employee shall not be obliged to make use of any shops established by the employer for the use of his or her employees or services operated in connection with the undertaking. The Committee recalls that Article 7(2) requires that where access to other stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and in the interest of the workers. The Committee therefore requests the Government to indicate what measures are in place in order to ensure the application of this provision of the Convention.

Articles 8 and 10. Deductions from wages and attachment of wages. The Committee notes that section 46(1) of the Employment Act provides a list of authorized deductions from wages and that section 46(3) provides that attachment of wages shall be limited to no more than two-thirds of all remuneration due in respect of a specific pay period. The Committee therefore notes that, while there is an overall limit on attachment of wages, there is no such limit for deductions from wages. In this regard, the Committee recalls that, in addition to setting specific limits for each type of deduction, it is also important to establish an overall limit beyond which wages cannot be further reduced, in order to protect the income of workers in the case of multiple deductions. The Committee therefore requests the Government to take the necessary measures for the establishment of specific and overall limits to deductions from wages.

Article 12(1). Regular payment of wages. With reference to its previous request concerning the issue of irregular payment of wages, the Committee notes that the Government merely repeats in its report the information previously provided. In relation to the lack of a functional Industrial Court, which had been noted in its previous comments, the Committee notes that information is available on the Court’s website indicating that a number of awards have been adopted since 2015. It also notes that two judges and the registrar of the Court have participated in a training activity on international labour standards delivered by the International Training Centre of the ILO in Turin in June 2017. In this context, the Committee once again requests the Government to provide up to date information on the situation of wage arrears in the country, including data on the number of workers affected by non-payment or delayed payment of wages, the sectors concerned and the results of labour inspections on these issues, and to indicate whether the Industrial Court has been dealing with any such cases.

Article 14(a). Information on wages before entering employment. The Committee notes that section 59 of the Employment Act provides that an employee shall receive from the employer information on wages not later than 12 weeks after the date on which employment commences. The Committee recalls that Article 14(a) requires effective measures to be taken in order to ensure that employees are informed of the conditions in respect of wages before they enter employment. The Committee therefore requests the Government to indicate which measures are in place in order to ensure full implementation of this Article of the Convention.

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Article 12 of the Convention. Payment of wages at regular intervals. Following up on its previous comments, the Committee notes the Government’s statement that the problem of the non-payment of wages exists mainly in the private and informal sectors, including domestic workers and other low-skilled jobs, and is basically due to subcontracting, the casualization of labour and labour brokerage. The Government indicates that, to address this problem, it has developed regulations to coordinate the activities of private employment agencies and subcontracting firms, as well as provisions on the casualization of labour. Moreover, the Committee notes the Government’s indication that, although it has scaled up labour inspection visits of workplaces, the responsibility for the prosecution of infringements relating to the timely payment of wages has been transferred under the Employment Act 2006 to the Industrial Court, which is presently not functioning. The Government adds, however, that it has taken all necessary steps to reactivate the Court. Recalling the importance of appropriate supervision and enforcement mechanisms backed up by a system of effective sanctions, the Committee requests the Government to keep the Office informed of any progress made with respect to the reactivation of the Industrial Court. The Committee further requests the Government to provide up-to-date information concerning the situation of non-payment or delayed payment of wages in the public and the private sectors, including inspection results, statistics on the number of workers covered by relevant legislation, copies of official documents or studies on wages issues, any agreed timetable for the settlement of outstanding payments, as well as any other measures taken or envisaged in order to put an end to those practices.

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Article 12 of the Convention. Payment of wages at regular intervals. The Committee notes with interest that the Employment Act, 2006, which replaced the Employment Decree, 1975, gives full effect to the provisions of the Convention concerning the attachment of wages (Article 10) and the place and time of payment (Article 13) that had been the subject of previous outstanding comments by the Committee. It also notes that the Employment Act contains express provisions ensuring the application of other requirements of the Convention, including the prohibition of payment of wages in the form of alcohol or noxious drugs (Article 4), the use of works stores free from any coercion (Article 7), the prompt settlement of all outstanding payments upon the termination of the employment contract (Article 12) and the issue of wage statements at the time of each payment (Article 14). The Committee recalls, however, its previous comments in which it requested the Government to provide detailed information on the nature and extent of the difficulties encountered with regard to the regular payment of wages, especially in view of the Government’s indications that 95 per cent of the cases heard by labour courts concern problems of wage arrears. In its last report, the Government has not elaborated on this point except for indicating that labour inspection services are challenged by limited resources and lack of staffing and training. The Committee understands that problems of accumulated wage arrears in the public sector persist, in particular in education and health care. The Committee therefore asks once more the Government to make an effort to collect and transmit up-to-date information concerning the situation of non payment or delayed payment of wages both in the public and the private sectors, including the total amount of wages due, the number of workers affected, the number and type of enterprises concerned, the average delay in the payment of wages, any agreed timetable for the settlement of outstanding payments, as well as any other measures taken or envisaged to put an end to those practices, including through strengthened supervision and imposition of appropriate penalties.

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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:

Repetition

Article 12(1) of the Convention. Regular payment of wages. The Committee notes the Government’s statement that the application of the Convention has been rendered difficult due to the economic restructuring of most private and public enterprises and the resulting reduced ability of employers to pay wages. In this connection, considering also the Government’s indication that courts of law have given decisions involving questions of principle relating to the application of the Convention and that 95 per cent of the cases referred to courts concern the non-payment of wages, the Committee would appreciate receiving detailed information on the nature and extent of the difficulties encountered and the measures taken to ensure the payment of wages, including, for instance, strengthened supervision and strict application of penalties to prevent and punish infringements.

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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:

Article 12(1) of the Convention. Regular payment of wages. The Committee notes the Government’s statement that the application of the Convention has been rendered difficult due to the economic restructuring of most private and public enterprises and the resulting reduced ability of employers to pay wages. In this connection, considering also the Government’s indication that courts of law have given decisions involving questions of principle relating to the application of the Convention and that 95 per cent of the cases referred to courts concern the non-payment of wages, the Committee would appreciate receiving detailed information on the nature and extent of the difficulties encountered and the measures taken to ensure the payment of wages, including, for instance, strengthened supervision and strict application of penalties to prevent and punish infringements.

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The Committee notes the adoption of the Employment Act, 2006, in particular sections 43 and 46 which give effect to Article 10 (attachment of wages) and Article 13 (payment of wages at or near the workplace) of the Convention, on which the Committee has been commenting for a number of years. 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:

Article 12, paragraph 1, of the Convention. Regular payment of wages. The Committee notes the Government’s statement that the application of the Convention has been rendered difficult due to the economic restructuring of most private and public enterprises and the resulting reduced ability of employers to pay wages. In this connection, considering also the Government’s indication that courts of law have given decisions involving questions of principle relating to the application of the Convention and that 95 per cent of the cases referred to courts concern the non-payment of wages, the Committee would appreciate receiving detailed information on the nature and extent of the difficulties encountered and the measures taken to ensure the payment of wages, including, for instance, strengthened supervision and strict application of penalties to prevent and punish infringements.

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The Committee notes the adoption of the Employment Act, 2006. It hopes that in the light of the provisions of the new legislation, 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:

Further to its previous comments, the Committee notes the Government’s indication that the process of revision of the national labour legislation has been accelerated through the technical and financial assistance of the ILO and the UNDP, and that the draft bills are expected to be completed soon before they are forwarded to the Government and the Parliament for consideration and adoption. The Committee expresses once more the firm hope that the enactment of the new legislation will eliminate the discrepancies to which the Committee has been drawing attention for some time past. It again asks the Government to report on further developments in this matter and to communicate the texts of any revised labour laws as soon as they are adopted.

In addition, the Committee notes the Government’s statement that the application of the Convention has been rendered difficult due to the economic restructuring of most private and public enterprises and the resulting reduced ability of employers to pay wages. In this connection, considering also the Government’s indication that courts of law have given decisions involving questions of principle relating to the application of the Convention and that 95 per cent of the cases referred to courts concern the non-payment of wages, the Committee would appreciate receiving detailed information on the nature and extent of the difficulties encountered and the measures taken to ensure the payment of wages, including, for instance, strengthened supervision and strict application of penalties to prevent and punish infringements.

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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:

Further to its previous comments, the Committee notes the Government’s indication that the process of revision of the national labour legislation has been accelerated through the technical and financial assistance of the ILO and the UNDP, and that the draft bills are expected to be completed soon before they are forwarded to the Government and the Parliament for consideration and adoption. The Committee expresses once more the firm hope that the enactment of the new legislation will eliminate the discrepancies to which the Committee has been drawing attention for some time past. It again asks the Government to report on further developments in this matter and to communicate the texts of any revised labour laws as soon as they are adopted.

In addition, the Committee notes the Government’s statement that the application of the Convention has been rendered difficult due to the economic restructuring of most private and public enterprises and the resulting reduced ability of employers to pay wages. In this connection, considering also the Government’s indication that courts of law have given decisions involving questions of principle relating to the application of the Convention and that 95 per cent of the cases referred to courts concern the non-payment of wages, the Committee would appreciate receiving detailed information on the nature and extent of the difficulties encountered and the measures taken to ensure the payment of wages, including, for instance, strengthened supervision and strict application of penalties to prevent and punish infringements.

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The Committee notes the Government’s report together with the statistical information regarding labour inspection results for 1998.

Further to its previous comments, the Committee notes the Government’s indication that the process of revision of the national labour legislation has been accelerated through the technical and financial assistance of the ILO and the UNDP, and that the draft bills are expected to be completed soon before they are forwarded to the Government and the Parliament for consideration and adoption. The Committee expresses the firm hope that the enactment of the new legislation will eliminate the discrepancies to which the Committee has been drawing attention for some time past. It asks the Government to report on further developments in this matter and to communicate the texts of any revised labour laws as soon as they are adopted.

In addition, the Committee notes the Government’s statement that the application of the Convention has been rendered difficult due to the economic restructuring of most private and public enterprises and the resulting reduced ability of employers to pay wages. In this connection, considering also the Government’s indication that courts of law have given decisions involving questions of principle relating to the application of the Convention and that 95 per cent of the cases referred to courts concern the non-payment of wages, the Committee would appreciate receiving detailed information on the nature and extent of the difficulties encountered and the measures taken to ensure the payment of wages, including, for instance, strengthened supervision and strict application of penalties to prevent and punish infringements.

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In its previous comments the Committee noted that an expert from the ILO on labour legislation was continuing his work with the Government on revising the labour law in the country and hoped that the Government would take appropriate measures to bring the legislation into closer conformity with the requirements of Article 10 (attachment and assignment of wages) and Article 13 (payment of wages on working days only and at or near the workplace where made in cash) of the Convention.

The Committee notes the Government's repeated statement in its report that the requirements of the two Articles of the Convention were taken into account in the labour law revision. Recalling that comments have been outstanding on these points for a number of years, the Committee hopes that the Government will make every effort to take the necessary action in the very near future, and that it will be able to indicate the adoption of revised labour law in its next report.

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The Committee notes the information supplied in the Government's report. It notes however that the report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Article 10 (attachment and assignment of wages). The Committee notes from the Government's previous report that an expert from the ILO on labour legislation was continuing his work with the Government on revising the labour law in the country, including provisions relating to this Article of the Convention. The Committee hopes that the Government will take appropriate measures to bring the legislation into closer conformity with the requirements of the Convention.

Article 13 (payment of wages on working days only and at or near the workplace where made in cash). The Committee noted that no violations of this Article have been noted. It expresses once again its hope that the Government will bring the legislation into conformity with this provision of the Convention in revising the national legislation.

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The Committee notes the information provided by the Government in response to its previous direct request.

Article 2 of the Convention (application to all workers to whom wages are paid or payable). The Committee notes from the Government's reply that no orders have been issued limiting or extending the application of all or any of the provisions of the Employment Decree.

Article 10 (attachment and assignment of wages). The Committee notes from the Government's report that an expert from the ILO on labour legislation is continuing his work with the Government on revising the labour law in the country, including provisions relating to this Article of the Convention. The Committee hopes that the Government will take appropriate measures to bring the legislation into closer conformity with the practice and with the requirements of the Convention.

Article 13 (payment of wages on working days only and at or near the workplace where made in cash). The Committee notes that no violations of this Article have been noted. It expresses once again its hope that the Government will bring the legislation into conformity with this provision of the Convention in revising the national legislation.

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The Committee notes from the Government's reply to its previous direct request that the Government has taken note of the request and that it is receiving attention by the new authorities. The Committee hopes that the Government will be able to indicate in the near future that progress is being made on the following points:

Article 2 of the Convention. The Committee recalls that the Employment Decree allows for a statutory order limiting or extending the application of all or any of its provisions to be issued, which could have the effect of limiting the scope of the legislation in a manner incompatible with the Convention. It hopes that the Government will supply information in future reports on the issuance of any such orders.

Article 10. The Committee recalls the Government's statement in an earlier report that it will take appropriate measures when the need arises to ensure the application of this Article. It hopes that the Government will continue to consider measures to bring the legislation into closer conformity with the practice and with the requirements of the Convention.

Article 13. The Committee recalls the Government's statement in an earlier report that there have been no difficulties encountered in applying this Article in practice. Please indicate in the next report whether any violations of the requirement of this Article have been noted, and if so how they were dealt with. The Committee hopes that the Government will bring the legislation into conformity with the Convention in due time.