Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Protection of Wages Convention, 1949 (No. 95) - Burkina Faso (Ratification: 1960)

The Committee notes the information supplied by the Government in its report as well as the adoption of Act No. 11-92/ADP of 22 December 1992 establishing the Labour Code. It also notes that, following the entry into force of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), for Burkina Faso on 11 February 2000, its obligations under Article 11 of the Convention have been terminated.

Article 4 of the Convention. The Committee notes that under sections 105, 106 and 108 of the new Labour Code, employers are required under certain conditions to provide workers with appropriate accommodation, a regular supply of foodstuff, or other allowances in kind, and that the conditions for the reimbursement of such allowances shall be established by Ministerial Orders to be issued upon the recommendation of the Labour Consultative Commission. The Committee requests the Government to supply additional information on the application in practice of sections 105, 106 and 108 of the Labour Code, and to communicate the text of the Orders in question once they are issued.

Article 6. The Committee is bound to recall that this Article calls for an appropriate legislative provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. It therefore requests the Government to indicate the measures it intends to take to give effect to the Convention in this regard.

Article 8. The Committee notes that under section 128 of the Labour Code deductions from wages may be made for deposits ("consignations") set out in contracts of employment. The Committee points out, however, that according to the terms of the Convention the types and extent of deductions from wages should be prescribed by national laws or regulations or fixed by collective agreement or arbitration award and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted under contracts of employment so as to ensure legislative conformity with this Article of the Convention.

Article 10. The Committee notes that, under section 129 of the Labour Code, the limits within which wages may be attached or assigned as well as the maximum amount of authorized deductions will be fixed by Orders to be adopted by the Council of Ministers upon the recommendation of the Labour Consultative Commission. The Committee requests the Government to supply a copy of those Orders as soon as they are promulgated.