Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

New legislation adopted. The Committee notes that a new Civil Code has entered into force on 1 September 2021.

Article 4 of the Convention. Partial payment in kind. The Committee notes that section 617(1) of the Civil Code allows the payment of wages in kind, including: (i) goods suitable for the personal use of the employee and his housemates, with the exception of alcoholic beverages and other substances which are harmful to health; (ii) the use of a dwelling, as well as its air cooling and the use of water, gas and electricity; and (iii) services, facilities and activities to be carried out by or on behalf of the employer, such as education, board and lodging. The Committee notes that section 617(2) of the Civil Code provides that these goods, services, and facilities may not be given a higher value than that which corresponds to their actual value. The Committee further notes that section 657b (1) of the Civil Code prescribes that insofar as wages are fixed in terms of accommodation, board, or other necessities of life, the employer shall be obliged to pay this according to local custom, provided that it is in accordance with the requirements of health and morality. The Committee observes that none of these provisions specify whether the payment of wages in kind is only partially allowed or could reach the total amount of the wages. The Committee recalls that Article 4(1) of the Convention provides that national laws or regulations may authorize the partial, and not the total, payment of wages in the form of allowances in kind. The Committee further recalls that under Article 4(1) of the Convention national laws or regulations may authorise the partial payment of wages in the form of allowances in kind only in industries or occupations in which payment in the form of such allowances is customary or desirable because of the nature of the industry or occupation concerned. The Committee therefore requests the Government to indicate how it ensures that payments of wages in kind meet the requirements of Article 4 of the Convention.

Articles 11, 12(2) and 15(d). Protection of workers’ claims in the event of bankruptcy or judicial liquidation. Final settlement upon termination of contract. Maintenance of payroll records. The Committee notes that the Civil Code does not seem to contain provisions giving effect to these provisions of the Convention. The Committee requests the Government to indicate how it ensures full compliance with these requirements of the Convention.