Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

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.