Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee has been following the efforts to restore normality in the country after the collapse of the previous regime and the establishment of a transitional administration which is entrusted with the task of pursuing systematic reconstruction of the country and rebuilding national institutions. While noting the enormous challenges and difficulties the new authorities are facing, the Committee hopes that they will be able to assume full responsibility in regard to the Convention and take the necessary action to bring national laws and regulations into full conformity with the standards on wage protection set forth in the Convention. Recalling that the Committee’s last comments were made in response to reports received in November 1995 and June 1994 and that they were based mainly on the provisions of the Labour Code of 1987, the Committee requests the interim Government to specify in detail in its next report the position of national law and practice in regard to the matters dealt with in the Convention and to communicate the text of any relevant laws or regulations which may not have been submitted previously. In particular, the Committee would appreciate receiving additional information on the following points raised in its last direct request.

Article 3(1) of the Convention. Please indicate the measures taken or planned to ensure that the payment of money wages in legal tender only is explicitly stipulated in the national legislation.

Article 10. Please indicate the manner and limits under the national legislation for the attachment or assignment of wages.

Article 11. Please clarify whether in the case of liquidation of an undertaking workers’ wages constitute a privileged debt to be paid in full before the ordinary creditors can claim their share, and if so, please specify the relevant legal provision(s).

Article 12(1). Please indicate how the regular payment of wages is ensured in an employment relationship that is not covered by a collective agreement.

Article 13(1). Please indicate the measures taken or contemplated to ensure that wages are paid on working days only as required under this Article of the Convention.

Article 15(c). Please specify the penalties provided for in labour laws or regulations for offences relating to the payment of wages.

Article 15(d). Please supply a copy of the special forms M.40 and M.41 to which reference was made in an earlier report in relation to the requirement for the maintenance of adequate wage records.

Finally, the Committee would be grateful for all concrete information that could be provided, in accordance with Part V of the report form, on the practical application of the Convention in the current context, especially in the light of the recent replacement of the national currency and the extensive use of foreign currencies as means of payment.