Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Protection of Wages Convention, 1949 (No. 95) - New Caledonia

Article 1 of the Convention. Definition of wages.  The Committee notes with interest the adoption of Territorial Act No. 2008-2 of 13 February 2008 relating to the Labour Code of New Caledonia. The Committee notes the definition of the term “remuneration” contained in section Lp.141-2 of the Labour Code of New Caledonia. However, it notes that, under the terms of this section, the definition only applies to the chapter concerning equal remuneration for women and men. The Committee requests the Government to clarify whether this definition is also valid for the other chapters of title IV of the Labour Code relating to wages.

Article 4. Partial payment of wages in kind. The Committee notes the Government’s statement to the effect that the legislation and regulations of New Caledonia in this field remain unchanged. It notes, however, that section Lp.143-1 of the Labour Code of New Caledonia provides that “wages shall be paid in cash or by cheque, or by bank or postal transfer” and that “any stipulation to the contrary shall be null and void”. The Committee requests the Government to indicate whether the partial payment of wages in kind is authorized in respect of workers to whom the Labour Code applies and, if so, to send a copy of the relevant provisions.

Articles 5, 6 and 7. Wages paid directly to the worker concerned – Freedom of workers to dispose of their wages – Work stores. The Committee notes the Government’s indication in its report that the legislation has not been amended on these various points. It requests the Government to keep the Office informed of any measures taken to ensure the implementation of these provisions of the Convention.

Article 9. Payment made by a worker for the purpose of obtaining or retaining employment. The Committee notes that the provisions of section 22 of Decision No. 284 of 24 February 1988 concerning wages, to which it referred in its previous comment, are now contained in section Lp.144-13 of the Labour Code of New Caledonia. It hopes that the Government will soon be in a position to amend this provision in order to extend to all workers the prohibition on deductions from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment, made by a worker to an employer or his representative or to any intermediary.

Article 12(2). Settlement of wages on termination of the employment contract. The Committee requests the Government to state which legal provisions prescribe the final settlement of all wages due to the worker, within a reasonable period of time, upon termination of the contract of employment.

Article 13. Place and day of payment of wages. The Committee notes the Government’s indications to the effect that the determination of the place and day of payment of wages is left to free negotiation by the social partners and is therefore fixed by the Territorial Interoccupational Agreement and by the collective accords and agreements specific to each branch of activity. It notes, however, that neither the Territorial Interoccupational Agreement nor the collective branch agreements of which it is aware contain provisions in this respect. It therefore requests the Government to take the necessary steps to regulate the place and time of payment of wages in cases where the latter is paid in cash, and to prohibit the payment of wages in taverns or other similar establishments and, where necessary, in shops or stores for the retail sale of merchandise, and in places of amusement, except in the case of persons employed therein.

Part V of the report form. Application in practice. The Committee requests the Government to give a general description of the manner in which the Convention is applied in practice, including, for instance, extracts from inspection reports indicating the number and nature of recorded infringements of the provisions of the Labour Code of New Caledonia relating to the protection of wages, and on the measures taken to stop them.