Protection of Wages Convention, 1949 (No. 95) - Comoros (RATIFICATION: 1978)

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The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and No. 95 (wage protection) together. The Committee notes the observations of the Workers Confederation of Comoros (CTTC), on the implementation of Conventions Nos 26, 95 and 99, received in 2017.

Minimum wage

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. In its previous comments, the Committee requested the Government to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council (CCTE), in accordance with section 106 of the Labour Code. The Committee notes the Government’s indication in its report that in 2015, the CCTE examined seven regulatory texts including the decree fixing the inter-occupational guaranteed minimum wage (SMIG) for workers covered by the Labour Code. The Government adds that the tripartite members of the CCTE recommended that an expanded consultation framework should be established as soon as possible in order to examine the subject in greater depth through additional studies, taking into consideration the experience of other countries with regard to wage fixing as well as the country’s socioeconomic situation. The Committee notes that according to the CTTC, despite the discussions held by the CCTE in 2015, no text setting minimum wages was adopted. The Committee further notes that sections 90–92 of the Labour Code provide that collective agreements concluded by joint committees, composed of representatives of the most representative employers’ organizations and trade unions in the sector, may be extended and then determine the wages that must be applied for each occupational category. In this context, the Committee requests the Government to take the necessary measures to give effect to the provisions of section 106 of the Labour Code without delay and to provide information in this respect. It also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99. System of supervision and sanctions. The Committee notes that the CTTC indicates that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee requests the Government to provide its comments in this regard.

Protection of wages

Articles 8 and 10 of Convention No. 95. Deductions from wages, attachment or assignment of wages. Further to its previous comments, the Committee notes that the Government indicates in its report that it intends to submit a draft order to the CCTE to determine the parts of wages that are liable to progressive deductions, as well as the part that is exempt from any attachment or assignment. The Committee notes that such an order is provided for under sections 114 and 119 of the Labour Code, as amended in 2012. The Committee requests the Government to take the necessary measures to adopt the order without delay and to provide information in this respect.

Article 12(1). Regular payment of wages. Application in practice. Further to its previous comments on the need to resolve the situation of wage arrears, including in the public service, the Committee notes that the Government indicates that efforts have been made to address this problem but challenges remain. The Government affirms its willingness to end the non-payment of wages, in particular in the public sector. The Committee also notes that the CTTC underscores the lack of progress with regard to the settlement of wage arrears, including in the public sector for the period from 1995 to 2009. The Committee recalls that workers shall receive remuneration for the work done and that the fundamental nature of wages stems from their essential role in ensuring workers’ livelihood. The Committee requests the Government to intensify its efforts to resolve the question of wage arrears definitively, particularly in the public sector, and to provide information in this regard.

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

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and No. 95 (wage protection) together. The Committee notes the observations of the Workers Confederation of Comoros (CTTC), on the implementation of Conventions Nos 26, 95 and 99, received in 2017.

Minimum wage

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. In its previous comments, the Committee requested the Government to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council (CCTE), in accordance with section 106 of the Labour Code. The Committee notes the Government’s indication in its report that in 2015, the CCTE examined seven regulatory texts including the decree fixing the inter-occupational guaranteed minimum wage (SMIG) for workers covered by the Labour Code. The Government adds that the tripartite members of the CCTE recommended that an expanded consultation framework should be established as soon as possible in order to examine the subject in greater depth through additional studies, taking into consideration the experience of other countries with regard to wage fixing as well as the country’s socioeconomic situation. The Committee notes that according to the CTTC, despite the discussions held by the CCTE in 2015, no text setting minimum wages was adopted. The Committee further notes that sections 90–92 of the Labour Code provide that collective agreements concluded by joint committees, composed of representatives of the most representative employers’ organizations and trade unions in the sector, may be extended and then determine the wages that must be applied for each occupational category. In this context, the Committee requests the Government to take the necessary measures to give effect to the provisions of section 106 of the Labour Code without delay and to provide information in this respect. It also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99. System of supervision and sanctions. The Committee notes that the CTTC indicates that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee requests the Government to provide its comments in this regard.

Protection of wages

Articles 8 and 10 of Convention No. 95.Deductions from wages, attachment or assignment of wages. Further to its previous comments, the Committee notes that the Government indicates in its report that it intends to submit a draft order to the CCTE to determine the parts of wages that are liable to progressive deductions, as well as the part that is exempt from any attachment or assignment. The Committee notes that such an order is provided for under sections 114 and 119 of the Labour Code, as amended in 2012. The Committee requests the Government to take the necessary measures to adopt the order without delay and to provide information in this respect.

Article 12(1). Regular payment of wages. Application in practice. Further to its previous comments on the need to resolve the situation of wage arrears, including in the public service, the Committee notes that the Government indicates that efforts have been made to address this problem but challenges remain. The Government affirms its willingness to end the non-payment of wages, in particular in the public sector. The Committee also notes that the CTTC underscores the lack of progress with regard to the settlement of wage arrears, including in the public sector for the period from 1995 to 2009. The Committee recalls that workers shall receive remuneration for the work done and that the fundamental nature of wages stems from their essential role in ensuring workers’ livelihood. The Committee requests the Government to intensify its efforts to resolve the question of wage arrears definitively, particularly in the public sector, and to provide information in this regard.

The Committee hopes 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 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 Workers Confederation of Comoros (CTTC), on the implementation of Conventions Nos 26, 95 and 99, received in 2017.

Minimum wage

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. In its previous comments, the Committee requested the Government to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council (CCTE), in accordance with section 106 of the Labour Code. The Committee notes the Government’s indication in its report that in 2015, the CCTE examined seven regulatory texts including the decree fixing the inter-occupational guaranteed minimum wage (SMIG) for workers covered by the Labour Code. The Government adds that the tripartite members of the CCTE recommended that an expanded consultation framework should be established as soon as possible in order to examine the subject in greater depth through additional studies, taking into consideration the experience of other countries with regard to wage fixing as well as the country’s socioeconomic situation. The Committee notes that according to the CTTC, despite the discussions held by the CCTE in 2015, no text setting minimum wages was adopted. The Committee further notes that sections 90–92 of the Labour Code provide that collective agreements concluded by joint committees, composed of representatives of the most representative employers’ organizations and trade unions in the sector, may be extended and then determine the wages that must be applied for each occupational category. In this context, the Committee requests the Government to take the necessary measures to give effect to the provisions of section 106 of the Labour Code without delay and to provide information in this respect. It also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99. System of supervision and sanctions. The Committee notes that the CTTC indicates that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee requests the Government to provide its comments in this regard.

Protection of wages

Articles 8 and 10 of Convention No. 95. Deductions from wages, attachment or assignment of wages. Further to its previous comments, the Committee notes that the Government indicates in its report that it intends to submit a draft order to the CCTE to determine the parts of wages that are liable to progressive deductions, as well as the part that is exempt from any attachment or assignment. The Committee notes that such an order is provided for under sections 114 and 119 of the Labour Code, as amended in 2012. The Committee requests the Government to take the necessary measures to adopt the order without delay and to provide information in this respect.

Article 12(1). Regular payment of wages. Application in practice. Further to its previous comments on the need to resolve the situation of wage arrears, including in the public service, the Committee notes that the Government indicates that efforts have been made to address this problem but challenges remain. The Government affirms its willingness to end the non-payment of wages, in particular in the public sector. The Committee also notes that the CTTC underscores the lack of progress with regard to the settlement of wage arrears, including in the public sector for the period from 1995 to 2009. The Committee recalls that workers shall receive remuneration for the work done and that the fundamental nature of wages stems from their essential role in ensuring workers’ livelihood. The Committee requests the Government to intensify its efforts to resolve the question of wage arrears definitively, particularly in the public sector, and to provide information in this regard.

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The Committee notes the observations of the Workers Confederation of Comoros (CTC), received on 19 August 2016. With reference to the application of Convention No. 26, the CTC indicates that the discussions held in the Labour and Employment Advisory Council concerning the minimum wage failed to result in a decision. With regard to the application of Convention No. 95, the CTC notes with regret the failure to resolve the situation of wage arrears, including in the public service, and emphasizes the grave impact of this situation. The Committee notes that the Government’s reports have not been received. The Committee requests the Government to provide its comments regarding the observations of the CTC and, in particular, to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council, in accordance with section 106 of the Labour Code of 2012. The Committee proposes to examine in detail the application of Conventions Nos 26, 95 and 99 at its next session and hopes that it will have before it the Government’s detailed reports on that subject.

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Articles 8, 10 and 11(3) of the Convention. Deductions from wages, assignment and attachment of wages and protection of claims in respect of earnings in the event of bankruptcy. For many years, the Committee has been drawing the Government’s attention to the need to adopt the Ordinances provided for under sections 108 and 113 of the Labour Code, with a view to fixing the portions of wages subject to progressive deduction and the fraction of wages which may not be attached and which has certain priority as a privileged debt in the event of the employer’s bankruptcy. In its report, the Government states that a draft ordinance will be submitted in the near future to the Higher Council for Labour and Employment (CSTE). Recalling the need to provide for appropriate regulations to ensure that workers’ incomes should not be reduced to an extent that exceeds what is socially acceptable, the Committee urges the Government to rapidly take the necessary measures to give full effect to Articles 8, 10 and 11(3) of the Convention and to keep the Office informed of progress made in this respect.

Article 14(b). Issuing of payslips. The Committee notes that, according to the Government, the draft ordinance establishing the composition of the payslip will be submitted to the CSTE at its next session. The Committee trusts that the Government will be able in the very near future to provide specific information on the finalization of this text and asks it to provide a copy as soon as it has been adopted. Furthermore, the Committee requests the Government to keep the Office informed of any progress made concerning the adoption of the draft Act revising the Labour Code, upon which the Office has already made technical comments and which should soon be submitted to the National Assembly.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the application of the Convention by submitting, for example, extracts from official reports of the labour inspection services containing information on the number and nature of infringements reported, copies of official surveys related to wage protection, information on difficulties encountered in implementing the Convention, or any other information that might allow the Committee to assess the way in which the Convention is applied in practice.

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Article 12 of the Convention. Regular payment of wages. In its previous observation, the Committee noted that despite its repeated commitments to put an end to the persistent problem of the deferred payment of wages, especially in the public sector, the Government, hindered by economic and political constraints, had not come forward with any specific measure to pay off the wage debt. In its last report, the Government states that it paid six months of wages in April 2010 and three months of wages in May 2011 to officials affected by the deferred payment of their wages. In this connection, the Committee understands that the Government received financial assistance from international institutions and donor countries in 2010, designed to help it settle its wage arrears. Furthermore, the Committee understands that the amount of time that officials were not paid wages during the 1995–2010 period is estimated to be between 35 and 45 months. Referring to its previous observation and to paragraph 367 of its 2003 General Survey on the protection of wages, the Committee recalls that a situation in which part of the workforce is systematically denied the fruits of its labour cannot be prolonged and that priority action is needed to put an end to such practices. The Committee trusts that the Government will, in the immediate future, formulate a schedule for the prompt and final settlement of all wage arrears. It requests the Government once again to provide detailed information on the extent of the problem, particularly on the overall amount of outstanding wage arrears, the approximate number of workers concerned and the average length of delay in the payment of wages. Finally, the Committee requests the Government to indicate the measures taken or envisaged concerning the use of the foreign assistance it was granted to settle the wage debt.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes the Government’s reply to its previous comments and would appreciate receiving additional information on the following points.

Article 4 of the Convention. The Committee has been drawing the Government’s attention for a number of years to the absence of regulations issued under sections 98 and 99 of the Labour Code in order to give effect to the requirements of the Convention concerning the payment of wages in kind. In its last report, the Government refers to the possible future adoption of a Uniform Labour Act by the Organisation for the Harmonisation of Business Law in Africa (OHADA), which would supersede national labour codes in force, and therefore considers any legislative action at the domestic level to be redundant in the meantime. The Committee is obliged to observe that, notwithstanding the prospective adoption of a Uniform Labour Act within the framework of the OHADA, the Government remains bound by the provisions of this Article of the Convention and has still to implement it in good faith both in law and practice. The Committee once again requests the Government to make every effort to adopt the regulations fixing the conditions under which, and the limits within which, food and lodging must be provided to workers in partial substitution of cash wages.

Articles 8, 10 and 11(3). The Committee notes the Government’s indication that the draft regulations (fixing the portions of wages subject to progressive deduction and the fraction of wages which may not be attached and which has relative priority as a privileged debt in case of bankruptcy of the employer) have been prepared and will be submitted to the next meeting of the Higher Council for Labour and Employment (CSTE). The Committee recalls that it has been commenting on the need to take legislative action in order to give effect to sections 113 and 108 of the Labour Code for the last 18 years. It therefore asks the Government to take all appropriate steps to ensure application of these Articles of the Convention and requests the Government to supply detailed information on any progress made in this direction.

Article 9. The Committee notes the Government’s statement that there have been in practice no employers desirous of receiving security from a worker in the form of cash or legal paper and therefore the provisions of section 93 of the Labour Code have become obsolete. The Government further states that, in any event, the current Labour Code will cease to apply as soon as the Uniform Labour Act of OHADA is adopted. The Committee is of the view that any arrangement whereby employers are authorized to receive securities on the part of workers in the form of a cash deposit may represent a certain risk of abuse and would thus call for sufficient safeguards. The Committee therefore once more requests the Government to adopt, upon prior consultation with the CSTE, the regulations provided for under section 94 of the Labour Code so as to protect workers’ wages to the fullest extent possible.

Article 14(b). The Committee notes that the regulations under section 105 of the Labour Code establishing the composition of workers’ individual pay slips are under preparation and are expected to be submitted to the next meeting of the CSTE for adoption. While recalling that the Government has been announcing its intention to adopt those regulations since 1991, the Committee requests the Government to take the necessary action without further delay and to keep it informed of any concrete progress made in this regard.

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The Committee recalls its previous observations regarding the persistent problems of deferred payment of wages, especially in the public sector, and the comments made in this connection by the Federation of Autonomous Comorian Workers’ Organization (USATC). The Committee has been noting for some time the Government’s reassurances that a consensus solution would be found for the settlement of wage arrears within the framework of the Higher Council for Labour and Employment (CSTE). To permit a proper assessment of the situation, the Committee has requested the Government to supply detailed information on the nature and extent of the problem, the practical measures taken so far and any results achieved.

In its last report, the Government merely indicates that its efforts to ensure the regular payment of wages are considerably hindered by political and economic constraints. The Government limits itself to reiterating its wish for a prompt resolution of the problem without, however, providing any specific information on the evolution of the situation, the measures taken or envisaged or any relevant proposals that may have been made by the CSTE. While fully appreciating that Comoros has been experiencing serious economic and political difficulties in the past few years, the Committee considers that the Government should have taken the necessary steps to closely monitor the situation with a view to formulating a time-bound plan for the elimination of the wage debt.

The Committee takes this opportunity to refer to paragraphs 356‑374 of its 2003 General Survey on the protection of wages in which it emphasized that breaking the vicious circle of non-payment or delayed payment of wages comprises three main elements: (i) efficient control; (ii) appropriate sanctions; and (iii) fair compensation for the loss incurred. It also stressed that the delayed payment of wages or the accumulation of wage arrears clearly contravenes the letter and the spirit of the Convention and probably makes the application of most of its other provisions simply meaningless (paragraph 355).

The Committee therefore urges the Government to intensify its efforts to put an end to practices which deprive workers of the fruits of their labour and inexorably affect the national economy in its entirety. The Committee asks the Government to provide for examination at its next session full particulars on the latest developments in relation to wage arrears including, for instance, the approximate number of workers affected, the branches of economic activity mostly concerned, the average length of delay in the payment of wages, the overall amount of outstanding wage arrears and any negotiated time schedule for the payment of the sums remaining due.

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Article 4 of the Convention. The Committee recalls its previous comments in which it asked the Government to adopt orders under sections 98 and 99 of the Labour Code to give effect to the provisions of the Convention concerning the payment of wages in kind.

Articles 8, 10 and 11(3). The Committee recalls that in its previous comments it requested the Government to adopt an order pursuant to section 113 of the Labour Code to establish the portions of wages to be subject to progressive deductions and the corresponding rates. It also recalls that under section 108 of the Labour Code these portions constitute the fraction which may not be attached (Article 10) and has relative priority as a privileged debt compared with other debts (Article 11(3)). The Committee expressed the hope that measures would be taken in accordance with Article 8(2) to inform workers of the conditions under which and the extent to which deductions may be made from their wages.

Article 9. Further to its previous comments, the Committee asks the Government once again to take the necessary steps to regulate application of the provisions of section 93 of the Labour Code which allow an employer to receive security from a worker in the form of cash or legal paper subject to authorization from the labour inspector.

Article 14(b). The Committee recalls its previous comments on this point and again expresses the hope that the order provided for in section 105 of the Labour Code will be adopted in the very near future.

With regard to comments pending, the Government states in its report that it looks forward to receiving technical assistance from the ILO and hopes in the meantime to submit shortly to the Higher Council for Labour and Employment (CSTE) a number of draft regulations to apply the national legislation and the Convention. The Committee recalls that the Government has repeatedly stated that the orders will be drafted as soon as the CSTE is operational, and trusts that the Government will not delay in taking the necessary steps to give effect to the various provisions of the Convention on which the Committee has been commenting for many years.

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The Committee notes with interest that the first meeting of the Higher Labour and Employment Council (CSTE) was held on 26 and 27 September 2001 with the technical and material assistance of the ILO. In its report the Government indicates that, during the first session of the CSTE, a number of draft texts to be issued under the Labour Code were submitted and endorsed by the social partners. With regard to the problem of wage arrears, the Government states that it hopes to find a feasible solution for the reimbursement of wage arrears in the context of the CSTE.

The Committee also notes the comments made by the Federation of Autonomous Comorian Workers’ Organizations (USATC), to the effect that the Government has not made an effort to resolve the problem of the payment of wage arrears. Moreover, the USATC reports that the Government has broken off social dialogue to avoid the problem. It adds that employees are suffering the effects of the failure to pay wages and of the freeze on careers upon the pension scheme of the Comoros Retirement Fund. The USATC also states that the wages of public officials have been suspended under abusive conditions by the Ministry of the Public Service, Labour and Employment. The Committee notes the Government’s reply to the effect that state officials have not suffered any delay in the payment of wages in 2001.

While noting that the Government reaffirms its commitment to seek a consensus solution to the reimbursement of wage arrears, the Committee is bound to urge the Government once again to take the necessary measures to ensure in practice the regular payment of wages and the total reimbursement of arrears. It also requests the Government to provide detailed information on any developments in the situation and the measures taken in this respect.

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Article 4, paragraph 1, of the Convention.  The Committee notes the Government’s reply to its previous comments concerning the payment of wages in kind. The Government indicates that wages are paid partly in kind only in the context of projects funded by international bodies and that, these projects having been completed some time ago, no institution in the country now resorts to this practice.

The Committee recalls the Government’s statement that, with the establishment of the Higher Labour Council, it would be possible to draft the orders provided for in sections 98 and 99 of the Labour Code in such a way as to give effect to the provisions of the Convention. The Committee notes the Government’s reply and regrets that no progress has been made in this area. It again asks the Government to make every effort to establish the abovementioned body and to indicate all progress made to that end.

Articles 8, 10 and 11(3).  The Committee recalls that, in its previous comments, it hoped that an order would be adopted under section 113 of the Labour Code to establish the portions of wages subject to progressive deductions and the corresponding rates. It also recalls its request to take steps to inform workers of the conditions under which and the extent to which deductions may be made from their wages. The Committee notes that in its reply the Government indicates that, since no progress has been made in making the Higher Labour Council operational, and in view of the country’s financial position, no measures have been taken to give effect to these provisions of the Convention.

While noting the economic problems referred to by the Government, the Committee recalls that every State which ratifies an international labour Convention must take its provisions into account and adopt measures to bring its legislation into conformity with them. The Committee asks the Government to inform it of the measures taken to bring its legislation into line with this Convention.

The Committee nonetheless notes the Government’s request for technical assistance in the overall revision of labour laws and regulations to ensure conformity with the provisions of ratified Conventions and the comments of the supervisory bodies. The Committee encourages the Government to make an official application to the ILO and asks the Office to consider granting such assistance as soon as it receives the official request.

[The Government is asked to report in detail in 2001.]

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The Committee notes the comments sent by the Union of Autonomous Comoran Workers’ Organizations (USATC). In its comments the USATC indicates that the employees of the State of Grand Comore and the Island of Mohéli were not paid their wages for 20 months for the period from 1995 to 2000, and that the pay of employees in Anjouan is 30 months in arrears. The USATC adds that, furthermore, there have been reductions in the wages still owed to them under the injunctions of the IMF and the World Bank, that job promotions have been frozen for more than six years and that some employers do not establish payslips for their employees. The Committee also notes that, according to the USATC, the practice of paying wages late is now affecting the private and semi-public sectors, where delays of three to four months have been noted. The USATC further indicates that the Memorandum of Understanding of 20 May 2000 on the payment of wage arrears concluded between the Government on the one hand and the National Union of Comoran Primary School Teachers (SNIC) and the National Union of Comoran Teachers (SNCP) on the other remains a dead letter.

The Committee notes the Government’s reply to its previous observation and to the USATC’s comments on the Memorandum of Understanding of 20 May 2000 concerning the payment of wage arrears.

With regard to the wage arrears, the Committee notes the Government’s statement that for economic reasons, the regular payment of the wages of all Comoran workers is far from being achieved and that the unpaid wages have therefore accumulated over the years. The Committee nonetheless notes that the Government intends to find a proper solution in order to reimburse the arrears and pay wages regularly, both in the public service and the private sector, as soon as the economic constraints have disappeared.

Regarding the Memorandum of Understanding on the payment of wage arrears, the Committee notes the Government’s statement that the purpose of the Memorandum was not to pay wage arrears but to give tenure of post to certain primary school teachers and to pay two months’ wages, the first part of the payment having been honoured by the prescribed date.

While noting the country’s economic difficulties, the Committee urges the Government to take the necessary measures to resolve the problem of the payment of arrears in the light of Article 12 of the Convention. The Committee asks the Government to send a detailed report on the measures adopted to solve the above problem for examination by the Committee at its next session.

[The Government is asked to report in detail in 2001.]

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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 reads as follows:

Article 4 of the Convention. The Government again indicates in its report that in certain projects financed by international organizations, wages are paid partially or wholly in kind. The Committee recalls that this Article of the Convention allows partial payment, not total payment, of wages in kind (paragraph 1) and that in cases where partial payment of wages in kind is authorized, measures should be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his or her family (paragraph 2(a)).

The Committee notes the Government's statement to the effect that with the establishment of the Higher Labour Council, the orders provided for in sections 98 and 99 of the Labour Code will be formulated in such a manner that they give effect to the provisions of the Convention and will be adopted in the near future. It requests the Government to indicate any progress made in this direction.

Articles 8, 10 and 11, paragraph 3. In previous comments, the Committee expressed the hope that an order would be adopted under section 113 of the Labour Code to establish the portions of wages subject to progressive deductions and the corresponding rates (Article 8, paragraph 1). It recalls that under section 108 of the Labour Code these portions constitute the fraction which may not be attached (Article 10) and has relative priority as a privileged debt compared with other debts (Article 11, paragraph 3). The Committee notes the Government's statement that such orders will also be issued and requests the Government to supply information on any development in this matter. It hopes, furthermore, that the measures will be taken in conformity with Article 8, paragraph 2 in order to inform workers of the conditions under which and the extent to which deductions may be made under the above-mentioned orders.

Article 9. The Committee notes the Government's earlier indication that no recourse had been had to the provisions of section 93 of the Labour Code which allow an employer to receive security from a worker in the form of cash or legal paper under authorization from the labour inspector. The Committee notes the Government's reiteration of its intention to take measures to regulate such authorization. It hopes that such measures will shortly be taken in order to ensure application of this Article of the Convention and requests the Government to supply information on all progress made in this direction.

Article 14(b). The Committee previously noted the Government's intention to adopt regulations under section 105 of the Labour Code so as to establish the composition of workers' individual pay slips. In the absence of any indication by the Government, it requests it again to supply a copy of this order when adopted.

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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:

The Committee notes the observations made by the Union of Comoros Workers' Autonomous Trade Unions (USATC) pointing out that wages have not been paid for nearly 12 months to workers by the State of Comoros, and that 52 per cent of the state officials are teachers. In the absence of response from the Government, the Committee invites it to send its observation on the issue raised with reference to the provision of Article 12(1) of the Convention regarding the regular payment of wages.

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

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Further to its observation, the Committee requests the Government to reply also to the points raised in its previous direct request on the following points:

Article 4 of the Convention. The Government again indicates in its report that in certain projects financed by international organizations, wages are paid partially or wholly in kind. The Committee recalls that this Article of the Convention allows partial payment, not total payment, of wages in kind (paragraph 1) and that in cases where partial payment of wages in kind is authorized, measures should be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his or her family (paragraph 2(a)).

The Committee notes the Government's statement to the effect that with the establishment of the Higher Labour Council, the orders provided for in sections 98 and 99 of the Labour Code will be formulated in such a manner that they give effect to the provisions of the Convention and will be adopted in the near future. It requests the Government to indicate any progress made in this direction.

Articles 8, 10 and 11, paragraph 3. In previous comments, the Committee expressed the hope that an order would be adopted under section 113 of the Labour Code to establish the portions of wages subject to progressive deductions and the corresponding rates (Article 8, paragraph 1). It recalls that under section 108 of the Labour Code these portions constitute the fraction which may not be attached (Article 10) and has relative priority as a privileged debt compared with other debts (Article 11, paragraph 3). The Committee notes the Government's statement that such orders will also be issued and requests the Government to supply information on any development in this matter. It hopes, furthermore, that the measures will be taken in conformity with Article 8, paragraph 2 in order to inform workers of the conditions under which and the extent to which deductions may be made under the above-mentioned orders.

Article 9. The Committee notes the Government's earlier indication that no recourse had been had to the provisions of section 93 of the Labour Code which allow an employer to receive security from a worker in the form of cash or legal paper under authorization from the labour inspector. The Committee notes the Government's reiteration of its intention to take measures to regulate such authorization. It hopes that such measures will shortly be taken in order to ensure application of this Article of the Convention and requests the Government to supply information on all progress made in this direction.

Article 14(b). The Committee previously noted the Government's intention to adopt regulations under section 105 of the Labour Code so as to establish the composition of workers' individual pay slips. In the absence of any indication by the Government, it requests it again to supply a copy of this order when adopted.

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The Committee notes the observations made by the Union of Comoros Workers' Autonomous Trade Unions (USATC) pointing out that wages have not been paid for nearly 12 months to workers by the State of Comoros, and that 52 per cent of the state officials are teachers. These observations were transmitted to the Government for its comments in February 1998. In the absence of response from the Government, the Committee invites it to send its observation on the issue raised with reference to the provision of Article 12(1) of the Convention regarding the regular payment of wages.

[The Government is asked to report in detail in 1999.]

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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 matter raised in its previous direct request:

Article 6 of the Convention. The Committee noted that the Government considered it pointless to adopt an order to complete section 151 of the Labour Code that is now in force since the new draft Labour and Social Insurance Code would contain a provision that would give effect to this Article. The Committee once again hopes that the Government will take the necessary action to adopt measures in the near future to prohibit any limitations being placed on the freedom of the worker to dispose of his wages, a matter on which the Committee has been commenting for many years.

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Article 4 of the Convention. The Government again indicates in its report that in certain projects financed by international organizations, wages are paid partially or wholly in kind. The Committee recalls that this Article of the Convention allows partial payment, not total payment, of wages in kind (paragraph 1) and that in cases where partial payment of wages in kind is authorized, measures should be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his or her family (paragraph 2(a)).

The Committee notes the Government's statement to the effect that with the establishment of the Higher Labour Council, the orders provided for in sections 98 and 99 of the Labour Code will be formulated in such a manner that they give effect to the provisions of the Convention and will be adopted in the near future. It requests the Government to indicate any progress made in this direction.

Articles 8, 10 and 11, paragraph 3. In previous comments, the Committee expressed the hope that an order would be adopted under section 113 of the Labour Code to establish the portions of wages subject to progressive deductions and the corresponding rates (Article 8, paragraph 1). It recalls that under section 108 of the Labour Code these portions constitute the fraction which may not be attached (Article 10) and has relative priority as a privileged debt compared with other debts (Article 11, paragraph 3). The Committee notes the Government's statement that such orders will also be issued and requests the Government to supply information on any development in this matter. It hopes, furthermore, that the measures will be taken in conformity with Article 8, paragraph 2 in order to inform workers of the conditions under which and the extent to which deductions may be made under the above-mentioned orders.

Article 9. The Committee notes the Government's earlier indication that no recourse had been had to the provisions of section 93 of the Labour Code which allow an employer to receive security from a worker in the form of cash or legal paper under authorization from the labour inspector. The Committee notes the Government's reiteration of its intention to take measures to regulate such authorization. It hopes that such measures will shortly be taken in order to ensure application of this Article of the Convention and requests the Government to supply information on all progress made in this direction.

Article 14(b). The Committee previously noted the Government's intention to adopt regulations under section 105 of the Labour Code so as to establish the composition of workers' individual pay slips. In the absence of any indication by the Government, it requests it again to supply a copy of this order when adopted.

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The Committee takes note of the information supplied by the Government in reply to its previous comments concerning Articles 3(2), 11(1) and 14(a) of the Convention, and requests the Government to supply further information on the following points:

Article 4 of the Convention. The Government indicates in its report that in some projects financed by international organisations, wages are paid partially or wholly in kind and that the workers concerned more often than not sell the products thus received at the market price. It further states that the value attributed to allowances in kind corresponds to the amount of wages if they were to be paid in cash and that no regulation has been issued under sections 98 and 99 of the Labour Code.

The Committee notes this information and recalls that this Article of the Convention only permits the partial payment of wages in the form of allowances in kind (paragraph 1) and that where such payment is authorised, measures should be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his family (paragraph 2(a)). Please provide information on measures taken or envisaged to give effect to these provisions of the Convention.

Articles 8, 10 and 11(3). The Committee notes that no regulation has been issued under section 113 of the Labour Code to establish the portions of wages subject to progressive deductions and the corresponding rates (Article 8(1)). It also notes that these portions would, in pursuance of section 108 of the Labour Code, consequently determine the portion of wages not attachable (Article 10) and the portion of wages that would constitute privileged debts against any other debts (Article 11(3)). The Committee hopes that such regulations will soon be adopted so as to give full effect to these provisions of the Convention. It also requests the Government to indicate any measures adopted for informing workers of the conditions under which and the extent to which deductions from wages may be made (Article 8(2)).

Article 9. The Committee notes the Government's indication that no recourse has been had to the provisions of section 93 of the Labour Code which allows an employer to receive security from a worker in the form of cash or legal paper under authorisation from the labour inspector, and that the Government has the intention to take measures in the future to regulate such authorisation. The Committee hopes that such measures will soon be taken so as to ensure the application of this Article of the Convention and requests the Government to supply information on any progress made in this connection.

Article 14(b). The Committee notes the Government's intention to adopt regulations under section 105 of the Labour Code so as to establish the composition of workers' individual payslips, and requests the Government to provide a copy when adopted.

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The Committee has examined with interest the first two reports submitted by the Government since the Convention entered into force for the Comoros. It would be grateful if the Government would supply further information on the following points.

Article 3(2) of the Convention. The Committee would be grateful if the Government would state whether the payment of wages by bank cheque or postal cheque or money order is authorised.

Article 4(2). The Committee notes that, under section 103 of the Labour Code, the full or partial payment of wages in the form of allowances in kind is prohibited, without prejudice to the provisions of Chapter 1 of Book IV concerning wages.

The Committee would be grateful if the Government would state in its next report whether Orders have been issued under sections 98 and 99 of the Labour Code to give effect to the provisions concerning conditions laid down in paragraph 2 of this Article and, if so, provide a copy of them. Please provide also information on national practice in this respect.

Article 8(1) and (2). The Committee observes that, under section 113 of the Labour Code, the portions of wages subject to progressive deductions and the corresponding rates will be established by Orders to be drawn up after consultation with the High Council of Labour and Employment. The Committee would be grateful if the Government would state whether the above Orders have been adopted and, if so, provide a copy of them. The Committee also requests the Government to indicate the arrangements that have been made for informing workers of any measures adopted concerning the conditions under which and the extent to which such deductions may be made.

Article 9. The Committee observes that, under section 93 of the Labour Code, any employer wishing a worker to provide security in the form of cash or legal paper must first obtain authorisation from the labour inspector. Such authorisation must mention the post in question and the amount of the security. The Committee requests the Government to state the measures that have been taken to regulate such authorisations in order to protect workers' wages.

Article 10(1) and (2). The Committee notes that section 108 of the Labour Code provides that the portion of the wage which may not be attached is equal to the difference between the wages and commissions due and the attachable portion of such wages and commissions, as determined by the Orders provided for under section 113 of the Labour Code. The Committee therefore requests the Government to state whether these Orders have been adopted and, if so, to provide a copy of them.

Article 11(1). The Committee requests the Government to state which provisions of the law or regulations establish the conditions in which workers are treated as privileged creditors in respect of the debtor's assets, as regards wages.

Article 11(3). The Committee also requests the Government to state whether national legislation provides for an order of priority respecting privileged debts in terms of wages as opposed to other privileged debts.

Article 14(a). The Committee observes that, with the exception of section 39, the Labour Code contains no provisions establishing that the worker should be informed before entering employment of the wage conditions which will apply to him, or of any changes in such conditions. The Committee would be grateful if the Government would indicate the measures taken to guarantee the application of this provision of the Convention.

Article 14(b). The Committee notes that, under section 105 of the Labour Code, the composition of workers' individual payslips is to be established by Order following consultations with the High Council of Labour and Employment. It requests the Government to state whether such an Order has been adopted and, if so, to provide a copy.

Article 15(d). The Committee requests the Government to supply information on the form and manner in which records are maintained, in accordance with this provision of the Convention.