Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Protection of Wages Convention, 1949 (No. 95) - Afghanistan (Ratification: 1957)

With reference to its previous comments, the Committee notes the Government's reports. It notes that the most recent reports repeat the statement made in 1988 that regulations have been drafted for the better regulation of wage systems. Nevertheless, having examined the new Labour Code and the regulations adopted, the Committee had addressed a direct request to the Government asking it to supply further information on the different points. The Committee notes that the Government's reply contains no answer to those questions. It hopes that the Government will be able to supply this information in its next report on the questions raised in the previous request, which read as follows:

Article 3, paragraph 1 of the Convention. Please indicate the measures taken to ensure payment of wages in legal tender and to prohibit payment in the form of promissory notes, vouchers or coupons, or any other form alleged to represent legal tender.

Article 3, paragraph 2. Please indicate whether advantage has been taken of this provision (payment of wages by bank cheque or postal cheque or money order). If so, please indicate in what cases and in what manner such payment is authorised.

Article 4. The Committee notes that under section 76(1) of the Labour Code, the conditions of payment of wages are determined separately for all categories of employees provided for in this section. Please indicate whether the partial payment of wages in kind is authorised, and, if so, what measures have been taken to ensure that payment is not made in the form of liquor or noxious drugs.

Article 6. Please indicate the measures taken to ensure that employers are prohibited from limiting in any manner the freedom of the worker to dispose of his wages.

Article 7. Please indicate whether works stores or services exist and, if so, what measures have been taken to ensure that workers are free from coercion to use them and that the goods are sold and services provided at fair prices and that the system is not operated for profit but for the benefit of the workers concerned.

Article 8. The Committee notes the provision of section 84 of the Labour Code that deduction of wages is not allowed except on the basis of law. On the other hand, section 85 provides that deductions cannot be more than 20 per cent from the worker's monthly wage, except when it is otherwise provided for in the Code, and, under section 110, the kinds and degree of financial responsibility from the damage sustained by the administration of the enterprise, the method of measuring and assessing the damage sustained and the arrangements of compensation thereof will be determined by legislative texts. The Committee hopes that the Government will supply information on the determination made in the texts adopted under these provisions, in particular, on the arrangement of payment of the compensation under section 110 of the Labour Code.

Article 10. Please indicate what arrangements exist for the attachment or assignment of wages.

Article 11. Please indicate what provisions are made in the law to protect wages in the event of the bankruptcy or judicial liquidation of an undertaking.

Article 12, paragraph 1. Please indicate the intervals prescribed for the payment of wages.

Article 12, paragraph 2. Please indicate what arrangements have been made for the final settlement of wages upon the termination of contract of employment.

Article 13, paragraph 1. Please indicate the measures taken to ensure that wages are paid on working days only.

Article 13, paragraph 2. Please indicate the measures taken to prohibit the payment of wages in taverns, shops or stores for the retail sale and places of amusement.

Article 14(b). Please indicate the measures taken to ensure that workers are informed of the particulars of their wages at the time of each payment, where such particulars may be subject to change.

Article 15. Please indicate the manner in which the Labour Code and other regulations which give effect to the Convention are made available for the persons concerned ((a) of this Article), and provide information on penalties for violation ((c)) and maintenance of records ((d)).