Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of Wages Convention, 1949 (No. 95) - Niger (Ratification: 1961)

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:

Repetition

Article 8(1) of the Convention. Deductions from wages. The Committee recalls its previous comments in which it drew the Government’s attention to section 170 of the Labour Code of 1996 and requested its amendment in order to bring it in conformity with this Article of the Convention. More concretely, in view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards (but not individual labour agreements), the Committee suggested that the words “and the individual labour contract” (et les contrats) should be deleted while the expression “compulsory levies” (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee once again requests the Government to indicate the measures taken or envisaged in order to bring section 170 of the Labour Code into full conformity with Article 8(1) of the Convention.

Part V of the report form. Application in practice. Noting that no information of a general nature has been supplied for many years concerning the application of the Convention in practice, the Committee would be grateful if the Government would make an effort to collect and transmit all relevant information in this regard, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on wage conditions, extracts from labour inspection reports showing the number of inspections carried out, contraventions observed and sanctions imposed, any difficulties experienced in the enforcement of the implementing legislation, etc.

The Committee requests the Government to reply to the points raised above in the light of Act No. 2012-45 of 25 September 2012 establishing the Labour Code, section 180 of which reproduces the provisions of section 170 of the Labour Code of 1996. The Government is also requested to provide information on the current situation concerning wage arrears in the public and private sectors and the measures taken to resolve the problems experienced in this regard.