Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Nicaragua (Ratification: 1981)

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 read as follows:

1. The Committee notes the report received in August 2003 in which the Government provided information on the programmes implemented by INATEC in 2002. The Committee refers to the comments relating to education and vocational training policies that it made in relation to the application of the Human Resources Development Convention, 1975 (No. 142) (Article 15 of Convention No. 117).

2. Part III of the Convention. Migrant workers. In the report received in August 2003, the Government indicates that the migration of Nicaraguan nationals for employment occurs mainly towards Costa Rica and it refers to the bilateral migrant labour agreement of 1993. The Government also emphasizes that over 15 per cent of GDP has its origin in the family remittances of migrant workers. In the Draft National Development Plan provided by the Government with its report on the application of Convention No. 122, received in September 2004, it is indicated that: “Nicaragua has experienced mass internal migration due to urbanization and the advance of agriculture towards the frontier; and external migration, principally to Costa Rica, where 53 per cent of Nicaraguans living abroad are resident, and to the United States, where 35 per cent are resident. One in five Nicaraguan households receives remittances from abroad and one in six has one of its members living permanently abroad (...). The labour migration policy should promote better conditions for the labour force in migration host countries, based on respect for their fundamental rights as set out in national and international labour standards. For this purpose, cooperation agreements will be developed with the principal host countries of Nicaraguan migrants and their regulation and implementation will be promoted by embassies and consulates with a view to achieving the above objectives. At the same time, appropriate information services will be developed to facilitate the orderly and safe mobility of migrant workers, both to host countries and for their return to the country and reintegration into the Nicaraguan labour market. Better channels for the income of migrants will also be promoted so that it can be invested in housing and improved services for the community remaining in Nicaragua through savings and loan schemes.” The Committee hopes that the Government will be able to provide information in its next report on the progress achieved in the implementation of this labour migration policy, which appears to be in full conformity with Convention No. 117.

3. Part IV. Remuneration of workers. With regard to minimum wages, the Committee refers to its observation of 2004 on the application of the Minimum Wage Fixing Convention, 1970 (No. 131), and hopes to be provided with updated information on the matters covered by Article 10 of Convention No. 117.

4. The Committee refers to its comments made on the application of the Protection of Wages Convention, 1949 (No. 95), in which it requested information on the measures of an administrative, legislative or other nature intended to ensure the timely payment of wages and the rapid settlement of any wage arrears which are already outstanding, including the effective strengthening of dissuasive sanctions for the non-payment of wages. The Committee also noted that there did not exist in national laws and regulations any provision prohibiting the employer from limiting in any manner the freedom of the worker to dispose of his/her wages (see Article 11, paragraph 1, of Convention No. 117).

5. The Committee also requested information on the practice relating to works stores or services, and also to indicate any specific measures to ensure that workers are not coerced into making use of them (see Article 11, paragraph 5, of the Convention).

6. In the report received in August 2003 on the application of Convention No. 117, the Government refers to the provisions of the Labour Code on the protection of wages. The Committee would be grateful if the Government would provide updated information in its next report on Convention No. 117 on the points raised previously and on the other matters covered by Convention No. 117, such as voluntarily forms of thrift which may be practised by wage earners and independent producers, and their participation in cooperative credit organizations (Article 13 of the Convention).