Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

With reference to its previous direct request, the Committee notes the information provided by the Government in its report, in particular, concerning the application of Articles 3(2), 4, 6, 7, 8, 12(2), 13(2), 14(b) and 15(a) of the Convention. It requests the Government to supply further information on the following points.

Article 3(1) of the Convention. The Committee notes the Government's indication to the effect that the payment of wages in legal tender has not been stipulated in the national legislation and that necessary measures will be taken. It requests the Government to provide information on any progress made in this respect.

Article 10. The Committee notes that the Government refers to the provisions of the Labour Code concerning deduction from wages in the case of absenteeism, and of the Civil Code concerning the limitation on the wage claims. It again requests the Government to indicate the manner and limits under the national legislation for the attachment or assignment of wages.

Article 11. The Committee notes the Government's indication that in the case of liquidation of an undertaking, the rights of the employee embodied in the legislative documents are preserved. It requests the Government to state whether such rights concern wages either due to the employee during a prescribed period before the liquidation or up to a prescribed amount, and if so, whether such wages constitute a privileged debt to be paid in full before ordinary creditors claim their share.

Article 12(1). Noting the Government's reference to section 83 of the Labour Code, the Committee requests the Government to indicate how the regular payment of wages is ensured in an employment relation that is not covered by a collective agreement.

Article 13(1). The Committee notes the Government's statement that action will be taken soon to stipulate in legislation that the payment of wages should be made on working days only. It asks the Government to provide information on the progress made in this regard.

Article 15(c). The Committee notes the Government's reference to section 174 of the Labour Code defining the responsible person in the cases of non-observance of legislative provisions. It requests the Government to supply information on the penalties that may be imposed on such persons held responsible.

Article 15(d). The Government refers to the legislative documents concerning the record of wage payment, namely the special M.40 and M.41 forms. The Committee requests the Government to supply a copy of these forms with the next report.