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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages) and 95 (protection of wages) together.
The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Minimum wage

Article 3 of Convention No. 26. Minimum wage-fixing machinery. Method of operation and consultations with the social partners. Further to its previous comments, the Committee notes the Government’s indication in its report that: (i) in practice, the social partners participate equally in tribunals established under the Wages and Conditions of Employment Tribunals Act, 1976, to determine minimum wage rates for certain categories of workers; and (ii) work was under way to amend that Act to reflect the current practice. It also notes the information available on the composition and mandate of the Higher Council on Wages, as contained in the Higher Council on Wages Act, 2004. It notes in particular that one of the objectives of the Council is to propose and track the economic and social variables affecting the minimum wage (section 5 of the 2004 Act) and that in order to perform its work, the Council has the power to make occasional recommendations on the minimum wage level in the public and private sectors (section 6(j) of the 2004 Act). The Committee requests the Government to provide information on the operation of the Higher Council of Wages in practice and the work it has carried out regarding the minimum wage, as well as on any subsequent decisions adopted in this regard.

Protection of wages

Labour law reform. In its previous comments, the Committee noted the Government’s reference to a revision process relating to the Labour Code, which is the main legislation implementing Convention No. 95. As it had been drawing the Government’s attention to issues of conformity concerning the application of various provisions of the Convention, the Committee requested the Government to ensure that the revision process would lead to greater compliance in this regard. The Committee notes that the Government does not refer to the revision process in its report and that no information is available on progress made towards the finalization of the reform. In this context, it reminds the Government of the possibility of availing itself of ILO technical assistance and requests the Government to take the necessary measures to give effect to the points raised below. It requests the Government to provide information in this regard.
Article 2 of the Convention. Scope of application. The Committee recalls that under section 3 of the Labour Code, various categories of workers are excluded from its scope of application, including public servants, domestic workers, certain agricultural workers and casual workers. The Committee recalls that the Convention applies to all persons to whom wages are paid or payable. It also recalls the limited and provisional nature of the exemptions permitted under the Convention. The Committee requests the Government to consider extending the protection of the Labour Code to the above workers. Where exclusions remained, it requests the Government to take the necessary measures to ensure that the workers concerned benefit from the protection afforded by the Convention.
Article 4. Partial payment of wages in kind. The Committee notes that section 35(1) of the Labour Code authorizes payments in kind without however prescribing any conditions for such payments. It notes that the Government indicates that in practice payments in kind do not exceed 20 per cent of the total wage. Recalling that Article 4 provides that appropriate measures must be taken to ensure that the value attributed to allowances in kind is fair and reasonable, the Committee considers that a limit based on practice is not sufficient to ensure the effective implementation of this Article. The Committee requests the Government to take the necessary measures to give full effect to this provision.
Article 6. Freedom of workers to dispose of their wages. The Committee notes that the prohibition for employers to limit in any manner the freedom of workers to dispose of their wages is not contained in the Labour Code. The Committee requests the Government to consider inserting such a provision in any revision of the Labour Code.
Article 10. Attachment of wages. Further to its previous comments, the Committee notes the Government’s indication that the attachment of wages is only possible for the payment of maintenance allowances following a court’s decision.
Article 14. Payslips. Further to its previous comments, the Committee notes the Government’s indication that the notification of the receipt of wages is in the form of a pay stub issued when the worker receives the wage.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages) and 95 (protection of wages) together.
The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Minimum wage

Article 3 of Convention No. 26. Minimum wage-fixing machinery. Method of operation and consultations with the social partners. Further to its previous comments, the Committee notes the Government’s indication in its report that: (i) in practice, the social partners participate equally in tribunals established under the Wages and Conditions of Employment Tribunals Act, 1976, to determine minimum wage rates for certain categories of workers; and (ii) work was under way to amend that Act to reflect the current practice. It also notes the information available on the composition and mandate of the Higher Council on Wages, as contained in the Higher Council on Wages Act, 2004. It notes in particular that one of the objectives of the Council is to propose and track the economic and social variables affecting the minimum wage (section 5 of the 2004 Act) and that in order to perform its work, the Council has the power to make occasional recommendations on the minimum wage level in the public and private sectors (section 6(j) of the 2004 Act). The Committee requests the Government to provide information on the operation of the Higher Council of Wages in practice and the work it has carried out regarding the minimum wage, as well as on any subsequent decisions adopted in this regard.

Protection of wages

Labour law reform. In its previous comments, the Committee noted the Government’s reference to a revision process relating to the Labour Code, which is the main legislation implementing Convention No. 95. As it had been drawing the Government’s attention to issues of conformity concerning the application of various provisions of the Convention, the Committee requested the Government to ensure that the revision process would lead to greater compliance in this regard. The Committee notes that the Government does not refer to the revision process in its report and that no information is available on progress made towards the finalization of the reform. In this context, it reminds the Government of the possibility of availing itself of ILO technical assistance and requests the Government to take the necessary measures to give effect to the points raised below. It requests the Government to provide information in this regard.
Article 2 of the Convention. Scope of application. The Committee recalls that under section 3 of the Labour Code, various categories of workers are excluded from its scope of application, including public servants, domestic workers, certain agricultural workers and casual workers. The Committee recalls that the Convention applies to all persons to whom wages are paid or payable. It also recalls the limited and provisional nature of the exemptions permitted under the Convention. The Committee requests the Government to consider extending the protection of the Labour Code to the above workers. Where exclusions remained, it requests the Government to take the necessary measures to ensure that the workers concerned benefit from the protection afforded by the Convention.
Article 4. Partial payment of wages in kind. The Committee notes that section 35(1) of the Labour Code authorizes payments in kind without however prescribing any conditions for such payments. It notes that the Government indicates that in practice payments in kind do not exceed 20 per cent of the total wage. Recalling that Article 4 provides that appropriate measures must be taken to ensure that the value attributed to allowances in kind is fair and reasonable, the Committee considers that a limit based on practice is not sufficient to ensure the effective implementation of this Article. The Committee requests the Government to take the necessary measures to give full effect to this provision.
Article 6. Freedom of workers to dispose of their wages. The Committee notes that the prohibition for employers to limit in any manner the freedom of workers to dispose of their wages is not contained in the Labour Code. The Committee requests the Government to consider inserting such a provision in any revision of the Labour Code.
Article 10. Attachment of wages. Further to its previous comments, the Committee notes the Government’s indication that the attachment of wages is only possible for the payment of maintenance allowances following a court’s decision.
Article 14. Payslips. Further to its previous comments, the Committee notes the Government’s indication that the notification of the receipt of wages is in the form of a pay stub issued when the worker receives the wage.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Minimum wage-fixing machinery. Method of operation and consultations with the social partners. The Committee has been drawing the Government’s attention for years to the need to modify section 4 of the Wages and Conditions of Employment Tribunals Act of 1976, which does not provide for equal representation of employers’ and workers’ organizations in the composition of wages tribunals. The Committee notes, in this respect, that the legislation which is referenced in the Government’s latest report does not, in fact, appear to provide for any such guarantees of equal representation. Thus, the Government states that section 5 of the Minimum Standard of Wages Act of 1974 mandates the formation of a committee comprising employers’ and workers’ representatives and the Government. However, the Committee notes that there is no such mention of a tripartite committee in the Minimum Standard of Wages Act, which actually authorizes the Commissioner of Labour, or anyone acting on his behalf, to solely decide any disputes concerning the minimum wage. The Government also refers to the 1997 Labour Code, in particular section 106, which purports to ensure the participation of the social partners on an equal basis in the minimum wage-fixing process. The Committee observes, however, that no such provision appears under section 106, which regulates conciliation procedures for labour disputes and merely permits the two parties to a dispute to submit, by themselves or through their representatives, an application to the competent authority to settle the dispute amicably. In addition, the Committee notes the Government’s indication that the High Council for Wages reviews minimum wage levels on an annual basis and formulates recommendations for the increase of the minimum wage rate in the public and the private sectors according to the cost of living. The Committee accordingly asks the Government to take all appropriate measures to ensure in law and in practice that employers’ and workers’ organizations are associated with the operation of the minimum wage-fixing process in equal numbers and on equal terms, as prescribed by the Convention. The Committee also asks the Government to provide full particulars on the composition, mandate, and effective operation of the High Council for Wages, and to transmit a copy of the legal instrument(s) establishing the minimum wage rate(s) currently in force.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Repetition
Article 3, paragraph 2(2), of the Convention. Consultation and participation of employers and workers. The Committee has been commenting for many years on section 4 of the Wages and Conditions of Employment Tribunals Act of 1976 which, contrary to the Wages Tribunal Ordinance of 1952, does not provide for equal representation of employers’ and workers’ organizations in the wages tribunals. The Government has indicated on several occasions that, in practice, employers’ and workers’ representatives have always participated in equal numbers in the operation of minimum wage fixing bodies but gave assurances that the relevant provision in the legislation would still be amended to give effect to the provisions of the Convention. In this regard, the Committee wishes to stress that the requirement for genuine and effective consultations with employers’ and workers’ organizations and their participation in equal numbers and on equal terms in the minimum wage fixing process is a key element of the Convention. The Committee trusts that the Government will provide in its next report full particulars on the effect given to the requirements of Article 3 of the Convention, in law and practice.
In addition, the Committee notes that the information contained in the Government’s reports is often fragmentary, undocumented and fails to give a comprehensive picture of the minimum wage system in the country. The Committee understands that minimum wage rates are fixed: (i) at the national level under the Minimum Wage Act of 1974, as amended, for enterprises employing more than ten employees; (ii) by wages tribunals under the Wages and Conditions of Employment Tribunals Act of 1976 for specific categories of workers; and (iii) through collective bargaining. The Committee also understands that the national monthly minimum wage is currently set at 200 Sudanese pounds (approximately US$45). The Committee would be grateful if the Government would specify in its next report whether the different minimum wage fixing methods mentioned above are still in effect, and also provide copies of all relevant legal instruments establishing minimum wage rates currently in force.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3, paragraph 2(2), of the Convention. Consultation and participation of employers and workers. The Committee has been commenting for many years on section 4 of the Wages and Conditions of Employment Tribunals Act of 1976 which, contrary to the Wages Tribunal Ordinance of 1952, does not provide for equal representation of employers’ and workers’ organizations in the wages tribunals. The Government has indicated on several occasions that, in practice, employers’ and workers’ representatives have always participated in equal numbers in the operation of minimum wage fixing bodies but gave assurances that the relevant provision in the legislation would still be amended to give effect to the provisions of the Convention. In this regard, the Committee wishes to stress that the requirement for genuine and effective consultations with employers’ and workers’ organizations and their participation in equal numbers and on equal terms in the minimum wage fixing process is a key element of the Convention. The Committee trusts that the Government will provide in its next report full particulars on the effect given to the requirements of Article 3 of the Convention, in law and practice.

In addition, the Committee notes with regret that the information contained in the Government’s reports is often fragmentary, undocumented and fails to give a comprehensive picture of the minimum wage system in the country. The Committee understands that minimum wage rates are fixed: (i) at the national level under the Minimum Wage Act of 1974, as amended, for enterprises employing more than ten employees; (ii) by wages tribunals under the Wages and Conditions of Employment Tribunals Act of 1976 for specific categories of workers; and (iii) through collective bargaining. The Committee also understands that the national monthly minimum wage was set at 200 Sudanese pounds (approximately US$100) in 2006 against 162.5 Sudanese pounds (approximately US$81) in 2005 and 125 (approximately US$62) in 2004. The Committee would be grateful if the Government would specify in its next report whether the different minimum wage fixing methods mentioned above are still in effect, and also provide copies of all relevant legal instruments establishing minimum wage rates currently in force.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3, paragraph 2(2), of the Convention. The Committee recalls that for many years it has been drawing the Government’s attention to section 4 of the Wages and Conditions of Employment Committees Act of 1976, which should be amended to ensure the participation, in equal numbers and on an equal footing, of the employers and workers concerned in the operation of the minimum wage fixing machinery. In this respect, the Government’s reports have been announcing for over 20 years the establishment of a tripartite commission to bring the national legislation into conformity with the Convention. The Committee notes with regret that, despite the commitments that it has made in this respect on many occasions, the Government has still not been able to make the amendments necessary to bring the national legislation into conformity with the Convention. Recalling both the spirit and the letter of the Convention and paragraph 425 of its General Survey of 1992 on minimum wages, in which it strongly urges governments to take the necessary action to ensure that the participation of the social partners in the operation of minimum wage machinery is useful and effective and on an equal footing, the Committee requests the Government to take all the necessary measures without further ado to bring the national legislation fully into conformity with the Convention. It expresses the firm hope that the Government will be in a position to indicate in its next report the progress achieved with a view to ensuring the effective participation of employers’ and workers’ organizations, in equal numbers and on an equal footing, in the national minimum wage fixing machinery.

Article 5 of the Convention and Part V of the report form. While noting the information provided by the Government in its last reports, and particularly the decision of 2000 adjusting minimum wages on the basis on the Minimum Wage Act of 1974, the Committee would be grateful if the Government would specify in its next report all the minimum wage rates applicable both under the Minimum Wage Act and the Act on Wages and Conditions of Employment Committees of 1976. It would also be grateful to be provided with any other relevant information enabling it to assess the manner in which the Convention is applied in practice, including extracts from the reports of the inspection services concerning compliance with minimum wages and, where appropriate, the measures taken when violations have been found and the number of workers actually covered by the minimum wage regulations.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes the Government’s report.

Article 3, paragraph 2(2), of the Convention. The Committee recalls that for many years it has been drawing the Government’s attention to section 4 of the Wages and Conditions of Employment Committees Act of 1976, which should be amended to ensure the participation, in equal numbers and on an equal footing, of the employers and workers concerned in the operation of the minimum wage fixing machinery. In this respect, the Government’s reports have been announcing for over 20 years the establishment of a tripartite commission to bring the national legislation into conformity with the Convention. The Committee notes with regret that, despite the commitments that it has made in this respect on many occasions, the Government has still not been able to make the amendments necessary to bring the national legislation into conformity with the Convention. Recalling both the spirit and the letter of the Convention and to paragraph 425 of its General Survey of 1992 on minimum wages, in which it strongly urges governments to take the necessary action to ensure that the participation of the social partners in the operation of minimum wage machinery is useful and effective and on an equal footing, the Committee requests the Government to take all the necessary measures without further ado to bring the national legislation fully into conformity with the Convention. It expresses the firm hope that the Government will be in a position to indicate in its next report the progress achieved with a view to ensuring the effective participation of employers’ and workers’ organizations, in equal numbers and on an equal footing, in the national minimum wage fixing machinery.

Article 5 of the Convention and Part V of the report form. While noting the information provided by the Government in its last reports, and particularly the decision of 2000 adjusting minimum wages on the basis on the Minimum Wage Act of 1974, the Committee would be grateful if the Government would specify in its next report all the minimum wage rates applicable both under the Minimum Wage Act and the Act on Wages and Conditions of Employment Committees of 1976. It would also be grateful to be provided with any other relevant information enabling it to assess the manner in which the Convention is applied in practice, including extracts from the reports of the inspection services concerning compliance with minimum wages and, where appropriate, the measures taken when violations have been found and the number of workers actually covered by the minimum wage regulations.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report and the attached documents.

Article 3, paragraph 2(2), of the Convention. The Committee has been commenting for many years on section 4 of the Wages and Conditions of Employment Tribunals Act of 1976 drawing attention to the need to ensure that employers’ and workers’ representatives be associated in the operation of the tribunals in equal numbers and on equal terms. The Government has on several occasions expressed its intention to amend this Act with a view to bringing it into full conformity with the Convention but concrete measures to this effect have not as yet been taken. The Committee firmly hopes that the Government will not fail to take the necessary action in the very near future. It requests the Government to indicate, in its next report, the progress made in this regard.

Article 5 of the Convention and Part V of the report form. The Committee notes from the Government’s report that minimum wage orders, such as those for dockers and heavy truck drivers, are issued after agreement between employers and workers and provide for wage rates which are higher than the general minimum wage. It also notes the Government’s indication that the minimum wage order for bakery workers is currently under revision by a tripartite committee. The Committee requests the Government to continue supplying information on the functioning of the minimum wage-fixing machinery, not only concerning the above categories of workers but also for other categories of workers, including information on the minimum wage rates fixed and the approximate numbers of workers covered, as well as any other particulars bearing on the practical application of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied in the Government's report in reply to its previous comments. It again notes that the Wages and Conditions of Employment Tribunals Act of 1976 has not yet been amended and trusts that the amendment to this Act will be completed without delay in order to bring the national legislation into harmony with the provisions of Article 3 of the Convention. It requests the Government to provide a copy of the amended Act and all regulations made under it, as soon as they have been adopted.

Article 5, in conjunction with point V of the report form. The Committee notes the Government's indication concerning the Minimum Wage Act of 1996, in force as from 1 January 1997. It also notes the information regarding the minimum wage fixing in public undertakings in the industrial and manufacturing sectors.

However, the Committee did not receive the copy of decisions and conditions of employment concerning truck drivers that was supposed to be attached to the Government's report. It again asks the Government to provide these documents, together with a copy of the conclusions reached by the Tripartite Committee concerning the dockers in Port Sudan.

In addition, the Committee notes that the minimum wage in the bakery sector is established according to the productivity of the worker and after agreement between workers and owners of the bakeries. It asked the Government to indicate whether, in case of low productivity, the Minimum Wage Act, 1996, applies to workers in the bakery sector.

Lastly, the Committee requests the Government to continue to provide, in accordance with Article 5 and point V of the report form, general information on the application of the Convention in practice, including: (i) the minimum wage rates in force; (ii) when available, the data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).

REQUESTS The Government is asked to report in detail in 2000. #REPORT_DATE:00:00:2000

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in reply to its previous comments.

Article 3 of the Convention. The Government repeats the indication that the Wages and Conditions of Employment Tribunals Act of 1976 is still being reviewed by the tripartite committee responsible for reviewing the whole of the labour legislation. The Committee again expresses the hope that the amendments will be completed without delay in order to bring the national legislation into harmony with the provisions of the Convention. It asks the Government to provide a copy of the amended Act and all regulations made under it, as soon as they have been adopted.

Furthermore, the Committee notes Act No. 61 of 1991 on the public service, which provides, amongst other things, that the regulations must deal with wage-fixing machinery. The Committee asks the Government to state whether any bodies, public establishments or companies belonging to the State fall within the industrial sector. If so, please provide any relevant regulations on minimum wage-fixing machinery and state the number of workers covered by it.

Article 5 and Parts III and V of the report form. The Government indicates that the decisions and conditions of employment concerning truck drivers came into force in September 1993. The Committee asks the Government to provide a copy of the Order of the Ministry of Labour issued for this purpose and which is referred to in the report. Furthermore, with regard to dockers in Port Sudan, the Committee hopes that the Government will be able in the near future to provide full information on the results of the tripartite committee responsible for preparing a new collective agreement. Please also provide information on developments in the fixing of wages and conditions of employment of workers in the bakery sector. More generally, the Committee hopes that the Government will shortly provide information on the results of the operation of the minimum wage-fixing machinery, as regards not only the above categories but the other categories of workers, indicating in particular the minimum wages fixed and the approximate number of workers concerned.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 3 of the Convention. With reference to the previous comments, the Committee notes the Government's indication in its report that the committee entrusted to review the Act on the wage tribunals made recommendations so as to ensure that employers' and workers' representatives are associated in the operation of the tribunals in equal numbers and on equal terms. The Government further states that when the amendment to this Act is promulgated, the Ministry of Labour will make regulations concerning the application of this equal representation.

The Committee hopes that the modification to the Act will be accomplished in the near future so as to bring the national legislation into conformity with the provision of the Convention. It requests the Government to indicate any progress made in this regard.

Article 5 and Parts III and V of the report form. The Committee notes the Government's statement that a new agreement has been reached regarding the working conditions of loading and unloading workers in Port Sudan, that one is in the course of formation regarding drivers of large trucks, and that, as regards bakery workers, the question is under examination. The Committee requests the Government to continue supplying information on the results of the application of the minimum wage fixing machinery, not only concerning the above categories of workers but also for other categories of workers, including information on the minimum rates of wages fixed and the approximate numbers of workers covered.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 3 of the Convention. In earlier comments, the Committee has noted that, under section 4 of the Wages and Conditions of Employment Tribunals Act of 1976, tripartite representation on tribunals convened under the Act is assured, but that there is no requirement that employers' and workers' representatives be associated in the operation of the tribunals in equal numbers and on equal terms. The Committee noted from the Government's report that, in practice, such equality of representation was assured, and suggested that it might be appropriate to include such provisions in the regulations to be adopted pursuant to section 13 of the Act.

The Committee notes that the Government has informed the committee of the Ministry that is responsible for revising labour legislation about the omission in national legislation of a requirement for employers and workers to be represented in equal numbers and on equal terms in wages and conditions of employment tribunals. It also notes that contacts have been made with the Ministry of Labour with a view to adopting regulations prescribing equal representation, in accordance with the Committee's suggestion.

The Committee requests the Government to indicate further progress on this point.

Article 5 and Parts III and V of the report form. The Committee notes that new minimum wages have been fixed for approximately 21,000 workers of 18 years and over occupied in loading and unloading ships in the Port Sudan docks and the Gazila project region, and in driving large trucks. The Committee notes that other categories of workers, including bakery workers in Khartoum, could be covered by the wages and conditions of employment expected to be established by a committee which it is proposed to set up for this purpose. The Committee requests the Government to indicate in its next report the wages and employment conditions fixed for the above category of workers and to state whether any provision has yet been made to fix minimum wage rates for other categories of workers.

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