Protection of Wages Convention, 1949 (No. 95) - Sudan (Ratification: 1970)

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.

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

Article 4 of the Convention. Partial payment of wages in kind. For the last ten years, the Government has been indicating that the Labour Act 1997 is being revised and that in formulating the new draft labour legislation due account is taken of all the points raised in the Committee’s previous comments. The Committee notes, however, that in its last report, the Government no longer refers to the revision process.

With regard to the partial payment of wages in kind, the Committee notes that section 35(1) of the Labour Act 1997 provides that wages must be paid in cash, except for allowances for food, fuel, housing, transport or clothing which may be paid in kind without specifying however the maximum proportion of the money wages which may be replaced by benefits in kind, or the method of calculating the cash value of benefits in kind so as to ensure that the value attributed to them is fair and reasonable. The Committee requests the Government to take appropriate measures to ensure that the relevant provisions of the Labour Act give full effect to Article 4 of the Convention.

Article 10. Conditions and limits for attachment or assignment of wages. The Committee notes that although section 67 of the Labour Act states that any contract of employment under which a worker undertakes to concede to his/her employer all or part of the sums due to him or her in connection with employment shall be deemed null and void, and shall not be enforced by courts, no provision is made for an overall limit on the amount of wages which may be attached or assigned. The Committee accordingly requests the Government to indicate any measures taken or envisaged with a view to limiting the attachment or assignment of wages to the extent deemed necessary for the maintenance of the workers and their families, as required under Article 10 of the Convention.

Article 14. Notification of wage conditions and statement of earnings. The Committee notes that section 35(4) of the Labour Act provides that where an agreement between an employer and a worker is concluded to transfer a worker from a system of monthly remuneration to a system of daily, weekly or fortnightly pay, the worker shall maintain the rights he/she acquired during the period he/she worked on the basis of monthly pay. The Committee also notes that under section 65 of the Labour Act, every employer is obliged to keep records, including particulars on wages and deductions, and that such records must be kept for at least one year after termination of the employment contract. The Committee notes, however, that the Labour Act does not seem to address the issue of notification of wage conditions prior to the beginning of employment, or the wage statement to be issued at the time of each payment of wages. The Committee accordingly requests the Government to indicate how it is ensured that workers are informed in an appropriate and easily understandable manner of their wage conditions before they enter into employment, and of the particulars of their wages for the pay period concerned at the time of each payment of wages, as provided for in Article 14 of the Convention.

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

Articles 4, 6, 8, 10, 13 and 14 of the Convention. Revision of the labour legislation. The Committee has been commenting for some years on numerous divergences that persist between the Labour Act 1997 currently in force and certain provisions of the Convention. In its last report, the Government confined itself to reiterating that a tripartite committee had been set up to prepare a new consolidated draft Labour Code and that technical assistance had already been received from the Office to this effect. The Committee asks the Government to keep the Office informed of the revision process and to transmit a copy of the new draft Labour Act, once it has been finalized. In particular, the Committee asks the Government to indicate whether the new labour legislation is expected to extend its coverage to agricultural and other categories of workers currently excluded, and how it is intended to give effect to the specific requirements of Articles 4 (partial payment of wages in kind), 6 (freedom of workers to dispose of their wages), 8 (deductions from wages based on individual agreement), 10 (conditions and limits of attachment of wages), 13 (place of wage payment) and 14 (notification of wage conditions and statement of earnings) of the Convention.

The Committee recalls, in this connection, that the General Survey of 2003 on the protection of wages contains documented information and practical guidance as to how legislative conformity with the Convention may be attained. It also recalls that the Government may continue to draw upon the technical advice and expertise of the Office on these matters, if it so wishes.

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)

Articles 4, 6, 8, 10, 13 and 14 of the Convention. Revision of the labour legislation. The Committee has been commenting for some years on numerous divergences that persist between the Labour Act 1997 currently in force and certain provisions of the Convention. In its last report, the Government confined itself to reiterating that a tripartite committee had been set up to prepare a new consolidated draft Labour Code and that technical assistance had already been received from the Office to this effect. The Committee asks the Government to keep the Office informed of the revision process and to transmit a copy of the new draft Labour Act, once it has been finalized. In particular, the Committee asks the Government to indicate whether the new labour legislation is expected to extend its coverage to agricultural and other categories of workers currently excluded, and how it is intended to give effect to the specific requirements of Articles 4 (partial payment of wages in kind), 6 (freedom of workers to dispose of their wages), 8 (deductions from wages based on individual agreement), 10 (conditions and limits of attachment of wages), 13 (place of wage payment) and 14 (notification of wage conditions and statement of earnings) of the Convention.

The Committee recalls, in this connection, that the General Survey of 2003 on the protection of wages contains documented information and practical guidance as to how legislative conformity with the Convention may be attained. It also recalls that the Government may continue to draw upon the technical advice and expertise of the Office on these matters, if it so wishes. The Committee hopes that the Government will make every effort to provide in its next report a detailed response to all the points raised above.

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:

The Committee notes the Government’s earlier indication that following the conclusion of the Naivasha Comprehensive Peace Agreement and the promulgation of a transitional constitution in 2005, a tripartite committee has undertaken the revision of the labour legislation and the preparation of a consolidated Labour Code. The Committee also notes the Government’s statement that in formulating the draft new Labour Code, due account was taken of all the points raised in previous comments and therefore the new legislation is expected to give full effect to the requirements of Articles 3 (payment in legal tender), 6 (freedom of workers to dispose of their wages), 13, paragraph 2 (place of wage payment), and 14 (notification of wage conditions and statement of earnings). The Committee would be interested in receiving an advance copy of the draft text, and recalls that the Government may avail itself, if it so wishes, of the advisory services of the Office in finalizing the new Labour Code.

Moreover, the Committee draws once more the Government’s attention to the 2003 General Survey on the protection of wages, which reviews relevant State practice in length and gives guidance on possible ways in which legislative conformity with the Convention may be achieved. The Committee hopes that in its next report the Government will be in a position to provide full particulars on all the matters on which the Committee has been commenting for some time past.

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

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information contained in the Government’s report, in particular, that following the conclusion of the Naivasha Comprehensive Peace Agreement and the promulgation of a transitional constitution in 2005, a tripartite committee has undertaken the revision of the labour legislation and the preparation of a consolidated Labour Code. The Committee also notes the Government’s statement that in formulating the draft new Labour Code, due account was taken of all the points raised in previous comments and therefore the new legislation is expected to give full effect to the requirements of Articles 3 (payment in legal tender), 6 (freedom of workers to dispose of their wages), 13, paragraph 2 (place of wage payment), and 14 (notification of wage conditions and statement of earnings). The Committee would be interested in receiving an advance copy of the draft text, and recalls that the Government may avail itself, if it so wishes, of the advisory services of the Office in finalizing the new Labour Code.

Moreover, the Committee draws once more the Government’s attention to the 2003 General Survey on the protection of wages, which reviews relevant State practice in length and gives guidance on possible ways in which legislative conformity with the Convention may be achieved. The Committee hopes that in its next report the Government will be in a position to provide full particulars on all the matters on which the Committee has been commenting for some time past.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the succint report of the Government replies only partially to its previous observation. The Committee regrets that despite repeated comments, numerous divergencies in the national legislation continue to exist and the Government is still unable to take remedial action in a prompt manner. The Committee hopes that, in the interest of maintaining a meaningful dialogue with the supervisory organs of the ILO, the Government will make every effort to ensure closer conformity with the Convention in the very near future.

Following up on its previous observation concerning the scope of application of the Convention within the meaning of Article 2, the Committee notes the Government’s statement that the new draft Labour Code, which is in the process of adoption, covers agricultural workers and that the Domestic Service Act of 1995 is being revised. The Committee asks the Government to transmit copies of the new legislation as soon as it is adopted. It would also appreciate receiving information on any progress made towards the extension of the application of the Convention to other categories of workers currently excluded from its coverage.

For the remainder, the Committee notes that the Government’s report provides very little information on the application of Articles 3 (payment in legal tender), 4 (partial payment of wages in kind), 6 (freedom of workers to dispose of their wages), 7 (regulation of works stores), 8 (deductions from wages), 10 (attachment or assignment of wages), 13, paragraph 2 (place of wage payment), 14 (notification of wage conditions and statement of earnings) and 15(d) (maintenance of records). As the Government does not appear to have taken into account the Committee’s earlier comments in respect of these Articles, the Committee is obliged to reiterate its request for appropriate action in order to bring the national legislation into line with the requirements of the Convention. The Committee recalls that the Government may avail itself of the technical assistance of the Office, if it so wishes, in relation to the matters raised above. It also recalls that the Government may find useful guidance in the Committee’s 2003 General Survey on the protection of wages which offers a global view of the effect given in law and practice to this Convention and may thus contribute to a better understanding of the principles and rules set out therein.

[The Government is asked to reply in detail to the present comments in 2006.]

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information sent by the Government in its report. It notes with regret that the national legislation has been amended to take account of the comments it has been making for many years. It must therefore request the Government to provide fuller information on the points below, and hopes that specific measures will be taken as swiftly as possible to bring the legislation into conformity with the requirements set by the Convention.

Article 2 of the Convention. The Committee recalls that in its previous comments it noted that section 3(f), (g), (i) and (j) of the 1997 Labour Code excluded the following categories of workers from the scope of the Code: domestic servants; agricultural workers other than those employed in the operation, repair and maintenance of machinery, or in enterprises which process or market agricultural products such as cotton, or in dairy product factories, or in jobs related to the administration of agricultural projects including office work, accountancy, storage, gardening and livestock husbandry; casual workers; any categories of persons excluded totally or partially from the provisions of the Code by order of the Council of Ministers. Recalling that the Convention applies to all persons to whom wages are paid or payable, the Committee again requests the Government to indicate, in accordance with paragraph 4 of this provision, the measures taken or envisaged to extend the protection of the new Labour Code to the abovementioned workers or to apply in some other manner the protection afforded to these workers by this Article of the Convention.

The Government indicates in its report that a tripartite committee has been established to study the possibility of bringing certain agricultural workers within the scope of the labour law. The Committee observes that the Government already envisaged such a possibility for these workers in 1994. It hopes that the tripartite committee will soon be in a position to obtain results and afford these workers the protection they are entitled to under the Convention. The Committee also recalls that certain agricultural workers, casual workers and any other categories of workers to whom the Labour Code does not apply, either in part or in full, have for many years been excluded from the national laws and regulations governing wage protection, although the Government has stated time and again its intention to extend such protection to them. The Committee stresses once again that the Convention applies to all persons to whom wages are paid or payable and requests the Government to take all necessary steps to extend to all workers the wage protection afforded by the Convention.

Article 3. The Committee notes the Government’s indication in its report that the absence of provisions in the Labour Code does not mean that wages can be paid by means other than cash. The Committee would point out, however, that under this provision of the Convention the payment of wages in the form of promissory notes, vouchers, coupons or in any other form alleged to represent legal tender, must be prohibited. Accordingly, to be consistent with the Convention the national legislation must expressly establish such a prohibition. The Committee requests the Government to take all necessary steps to ensure that effect is given to the Convention in this regard.

Article 4. Recalling that section 35(1) of the Labour Code authorizes payments in cash without prescribing any conditions for such payments, the Committee notes the Government’s statement that payments in kind under section 35(1) apply only in establishments that provide housing, food, fuel and uniforms to workers. The Government further indicates that this type of payment is not automatic in all such establishments, and gives assurances that the partial payment of wages in kind in the forms mentioned above is better for workers than cash payments. The Committee notes, however, that the Government’s report makes no mention of the draft new regulations on the payment of wages in kind referred to in its previous report. It wishes to point out that, under the Convention, where part payment of wages in kind is allowed in certain industries or occupations, measures must be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his/her family and that their value is fair and reasonable (paragraph 2). The Committee accordingly asks the Government to take the necessary measures in the very near future to bring the national legislation into line with this provision of the Convention.

Article 6. The Committee notes the Government’s statement that it intends to take the Committee’s previous observations on this provision of the Convention into consideration in amendments to the Labour Code or regulations issued thereunder. It hopes that the Government will be in a position in the very near future to take the necessary measures to prohibit employers from limiting in any manner the freedom of workers to dispose of their wages as they see fit.

Article 7. The Committee notes that, according to the Government, works stores are regulated by initiatives of the trade unions within the framework of the legislation on cooperatives. It asks the Government to provide copies of the relevant texts so that it may ascertain whether they comply with the provisions of this Article of the Convention.

Article 8. The Government indicates in its report that the provision of loans is governed by special contracts which establish ways of reimbursement in accordance with the law. The Committee states, however, that the Government’s report does not specify, as the Committee requested, the types and extent of deductions from wages prescribed by national legislation, or the manner in which workers are to be informed of the conditions and limits within which deductions may ordinarily be made. The Committee consequently urges the Government to indicate the measures taken or envisaged to ensure that full effect is given to the provisions of this Article.

Article 10. The Committee notes that the Government again refers to section 67 of the Labour Code which offers limited protection from arbitrary or unfair attachment in providing that any contract of employment under which a worker undertakes to assign to his/her employer all or part of his/her remuneration shall be deemed null and void. The Committee must therefore stress that this provision of the Labour Code does not specify the manner and limits within which wages may be attached or assigned, and contains no provision protecting wages from attachment or assignment to the extent necessary for the maintenance of the worker and his/her family. It accordingly asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 13, paragraph 2. The Government indicates in its report that retail stores and places of amusement are very limited and are to be found only in big cities. The Committee recalls, however, that under this provision of the Convention payment of wages in shops or stores for the retail sale of merchandise and in places of amusement must be prohibited by national laws or regulations, and that there appear to be no provisions prohibiting wage payment in such places except in the cases of persons employed there. The Committee trusts that in its next report the Government will indicate the measures that have been taken or are envisaged to give effect to this Article of the Convention.

Article 14. In its report the Government indicates that under section 28(1) of the Labour Code any contract that exceeds three months in duration shall be made in writing by the employer and shall be written in three copies and signed by the two parties. The Committee recalls that in its last report the Government stated its intention of adopting regulations to ensure that workers engaged under oral employment contracts were informed before entering employment of the wage conditions applying to them and that all workers were informed at the time of each payment of the particulars of their wages. The Committee notes, however, that the Government provides no new information as to the promulgation of this text. Consequently, it points out once again that under this provision of the Convention workers must be informed in an appropriate and easily understandable manner of the conditions in respect of wages under which they are employed, whether by oral or written contract and regardless of the length of the contract. It trusts that the Government will take measures in the very near future enabling the national laws and regulations to be brought into line with this provision of the Convention, and asks the Government to provide copies of any new regulations adopted to this end.

Article 15(d). The Committee notes that the regulation referred to in section 65 of the Labour Code concerning the wage data of which employers must keep a record has not yet been adopted. It hopes that the Government will be in a position to take the necessary steps to secure its adoption as soon as possible and asks the Government to keep it informed of any developments in this regard.

[The Government is asked to reply in detail to the present comments in 2004.]

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

The Committee notes the information supplied by the Government in its report as well as the adoption of the Labour Code of 21 June 1997. In this connection, the Committee requests the Government to provide further information on the following points.

Article 2 of the Convention. The Committee notes that under section 3(f), (g), (i), (j) of the new Labour Code, the following categories of persons are excluded from its scope of application, as they were excluded from the coverage of the previous legislation: domestic servants; agricultural workers other than those employed in the operation, repair and maintenance of machinery, or in enterprises which process or market agricultural products such as cotton grins or diary product factories, or in jobs related to the administration of agricultural projects including office work, accountancy, storage, gardening, and livestock husbandry; casual workers; any category of persons who are excluded totally or partially from the provisions of this Code by Order of the Council of Ministers. Recalling that the Convention applies to all persons to whom wages are paid or payable, the Committee asks the Government to indicate the measures taken or envisaged with a view to extending the protection of the new Labour Code to the above workers or to apply the protection afforded by the Convention to these workers in some other manner. The Committee also notes the Government’s intention to formulate special regulations concerning seasonal workers, particularly those engaged in agriculture. It asks the Government to keep it informed of any progress in this respect and to transmit a copy of these regulations as soon as they are adopted.

Article 3. The Committee notes that the new Labour Code contains no provision forbidding wage payment in the form of promissory notes, vouchers or coupons or any other form alleged to represent legal tender. The Committee asks the Government to indicate the measures taken or contemplated to ensure that the national legislation fully conforms to the requirements of the Convention in this respect.

Article 4. The Committee notes that section 35(1) of the Labour Code authorizes payments in kind without however prescribing any conditions for such payments. The Committee recalls that this Article of the Convention allows partial payment of wages in kind in those industries or occupations in which such payment is customary or desirable because of the nature of the industry or occupation concerned (paragraph 1), and further provides that, when the payment of wages in the form of allowances in kind is authorized, measures should be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his/her family and that their value is fair and reasonable (paragraph 2). Noting the Government’s statement that new regulations on payment of wages in kind are still under consideration and also that it would welcome ILO’s technical assistance in accelerating this process, the Committee hopes that the necessary measures will be taken without further delay to give full effect to the provisions of this Article.

Article 6. The Committee notes that the principle according to which employers should be prohibited from limiting in any manner the freedom of workers to dispose of their wages has not been incorporated in the recently enacted Labour Code. The Committee considers that an appropriate legislative provision laying down a specific prohibition is needed to give effect to the Convention in this regard and hopes that the Government will make every effort to take the necessary action in the very near future.

Article 7. The Committee notes that there are no provisions regulating works stores and that the situation has not changed from that previous to the adoption of the 1997 Labour Code. It requests the Government to provide additional information on the practice of works stores and to indicate the measures taken to give effect to this Article.

Article 8. The Committee notes that, under sections 35(8) and 37(1)(b) of the Labour Code, deductions from wages may only be made pursuant to law, or in order to repay, in sums not exceeding 15 per cent of the basic salary, a salary advance. It asks the Government to specify the types and extent of deductions prescribed by national rules and regulations. In addition, the Committee notes that the Labour Code, while providing for the obligation of the employer to furnish upon the worker’s request a statement showing details of any amounts deducted, contains no provision regarding the manner in which workers shall be informed of the conditions under which and the limits within which deductions may be made in general. It therefore requests the Government to indicate the measures taken to ensure that the provisions of this Article are fully applied.

Article 10. The Committee notes the Government’s indication that the attachment of wages is generally prohibited except for the payment of maintenance allowances owed to the worker’s family and dependants following a court’s decision. It also notes section 67 of the Labour Code which offers limited protection against arbitrary or unfair attachment in providing that any contract of employment under which a worker undertakes to concede to his/her employer all or part of his/her remuneration shall be deemed null and void. The Committee is bound to observe, however, that the new Labour Code does not specify the manner and limits within which wages may be attached or assigned, nor does it contain any provision protecting wages from attachment or assignment to the extent necessary for the maintenance of the worker and his/her family. Consequently, it asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 13(2). The Committee notes that no provisions appear to exist to ensure that the payment of wages in shops or stores for the retail sale of merchandise and in places of amusement is prohibited except in the case of persons employed therein. The Committee hopes that the Government will indicate in its next report what measures have been taken or are contemplated to apply this Article of the Convention.

Article 14. Further to its previous comment on this point, the Committee notes the Government’s intention to adopt regulations to ensure that workers engaged under oral employment contract be informed before they enter employment of the wage conditions applicable to them and that all workers be informed at the time of each payment of particulars of their wages. The Committee hopes that these regulations will be issued in the very near future, and that the Government will supply a copy as soon as they are adopted.

Article 15(d). While noting the report forms for labour inspectors and data collectors which were communicated by the Government in its report, the Committee again requests the Government to indicate whether the regulations referred to in section 65 of the Labour Code concerning wage data to be kept by employers have been adopted.

Recalling that the Committee has been commenting on most of the above matters for many years, and also noting with regret that the new Labour Code does not appear to have sufficiently taken into account the Committee’s earlier comments, the Committee hopes that concrete measures will soon be taken in this respect, and requests the Government to report any progress made in bringing national legislation into closer conformity with the requirements of the Convention.

[The Government is asked to report in detail in 2002.]

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

Article 2 of the Convention. With reference to its previous comments, the Committee notes the explanations provided by the Government concerning seasonal workers, particularly those engaged in cotton and maize harvesting, who are excluded from the scope of the Individual Labour Relations Act of 1981. The Government considers that these workers enjoy advantageous conditions because they usually receive food, lodging and the payment in cash. The Committee notes the Government's indication that studies are under way with a view to extending the protection of the Act of 1981 to such workers or to apply to them the protection afforded by the Convention. Please indicate the progress made in this regard.

Article 4. The Committee notes that the regulations to implement section 59(b) of the Individual Labour Relations Act are still under consideration. The Committee hopes that the Government will be able to adopt the regulations in the near future and that it will provide a copy of them. It recalls that the adoption of these regulations has been the subject of discussion for some time and that the provisions were to regulate the payment of wages in kind. The Committee also notes the information provided under Article 2 and hopes that the Government will take into consideration the situation of seasonal agricultural workers.

Article 8. The Committee notes the Government's indication that the Individual Labour Relations Act is now under revision. It recalls that the Government's intention was that the amendment of section 12, paragraph 8, in conjunction with section 14 of the Act, should bring them into conformity with the provisions of this Article of the Convention. The Committee hopes that the Government will adopt this amendment in the near future and that it will provide a copy of the amended text.

Article 9. The Committee notes the Government's repeated reference to section 51 of the Individual Labour Relations Act, which prohibits the labour court from executing an employment contract that obliges the worker to give up any amount due to him from the employer or that obliges him to pay to the employer. The Committee points out that this provision of the Convention calls for the prohibition of any deduction from wages for the purpose of obtaining or retaining employment. The above section 51 does not suffice for this purpose. The Committee hopes that the proposed amendment to the Individual Labour Relations Act noted above under Article 8 will also give effect to Article 9 of the Convention.

Article 10. The Committee notes the Government's reference to sections 5, 12(1) and 51 of the Individual Labour Relations Act, which concern, respectively, the employment contracts, payment of wages in cash in general with the possibility of partial payment in kind, and the prohibition of execution by the court of certain kinds of employment contracts. The Committee notes that, among the provisions mentioned, section 51 provides certain protection against attachment. It also notes that section 28 of Act No. 61 of 1991 on the Public Service, received from the Government, prescribes the conditions and limit for the attachment of wages in the public service. The Committee points out however that these provisions do not give full effect to the provisions of the Convention. It hopes that the amendment of the Individual Labour Relations Act will be made taking this point also into account.

Article 14. The Committee notes the Government's reference to section 5(2) of the 1981 Act, concerning written contract. It points out that section 5(4) and (5) point to the existence of oral contract. The Committee also notes that sections 10 and 11 to which the Government refers do not ensure the application of this Article. It hopes that appropriate measures, such as adoption of regulations, will soon be taken to ensure: (i) that workers engaged under an oral employment contract be informed before they enter employment of the wages conditions applicable to them and (ii) that all workers be informed at the time of each payment of wages, of particulars of their wages.

Article 15(d). The Committee recalls that section 49 of the Act provides for the maintenance of record in the form as stipulated by the regulations to be adopted by virtue of section 59(d). The Committee hopes that the Government will be able to indicate in the near future that the necessary regulations have been adopted.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 2 of the Convention. With reference to its previous comments, the Committee notes the explanations provided by the Government concerning seasonal workers - particularly those engaged in cotton, maize and resin harvesting - who are excluded from the scope of the Act of 1981 on Individual Labour Relations and who are paid according to a participation scheme. According to the Government, under the participation scheme, workers engaged in such harvesting may be paid in cash or in kind, according to what is customary. The Committee asks the Government to indicate the measures that have been taken or are contemplated to extend the protection of the Act of 1981 on Individual Labour Relations to the above workers or to apply the protection afforded by the Convention to these workers in some other manner. Please indicate the number of workers concerned.

Article 4. The Committee notes that the competent department is examining the regulations to implement section 59(b) of the Individual Labour Relations Act, and that the regulations will be sent as soon as they have been enacted. The Committee hopes that the Government will be able to adopt the regulations in the near future and that it will provide a copy of them in due course. It recalls that the adoption of these regulations has been the subject of discussion for some time and that the provisions were to regulate the payment of wages in kind. The Committee also notes the information provided under Article 2 and hopes that the Government will take into consideration the situation of seasonal agricultural workers.

Article 8. The Committee notes that it is the Government's intention that in the forthcoming amendment of the Individual Labour Relations Act section 12, paragraph 8, in conjunction with section 14 of the Act will be brought into conformity with the provisions of this Article of the Convention. The Committee hopes that the Government will adopt this amendment in the near future and that it will provide a copy of the amended text.

Article 9. The Committee notes the Government's explanations concerning section 51 of the Individual Labour Relations Act and the 1974 Manpower Act, to which it referred in its previous report. It notes that, according to the Government, the letter and spirit of this Article are observed. The Committee recalls, however, that the prohibition referred to in Article 9 of the Convention is not fully ensured by domestic legislation nor by the practice described in the report. It hopes that the Government will shortly adopt the planned amendments in order to bring the Individual Labour Relations Act into conformity with this provision of the Convention.

Articles 10, 14 and 15(d). The Committee notes that the Government has taken note of its comments on Article 10 (conditions and limits for the attachment or assignment of wages), Article 14 (informing workers, before they enter employment and when any changes take place, of the conditions in respect of wages under which they are employed), and Article 15(d) (the maintenance, in all appropriate cases, of adequate records in an approved form and manner). The Committee also notes that these comments will be taken into consideration in the overall amendment of the Individual Labour Relations Act. It hopes that the Government will adopt these amendments in the near future and will provide a copy of them.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes the information communicated by the Government concerning Articles 3, 7 and 14 of the Convention.

Article 2. The Committee notes from the explanations supplied by the Government that many workers in the agricultural sector are covered by the legislation, in particular, those involved in the maintenance of machines and in various administrative tasks. It notes that agricultural workers in the public sector are covered by the legislation, while seasonal workers - particularly those engaged in the harvesting of cotton, corn and resin - are paid according to a participatory scheme. The Committee hopes that the Government will communicate with its next report an explanation of this participatory scheme and of how the rights of the workers concerned are protected in relation to the present Convention.

Article 4. The Committee notes the information communicated concerning this Article and requests the Government to forward to the Office a copy of the regulations applying section 59(b) of the Individual Labour Relations Act when they have been adopted.

Article 8. The Committee notes the explanations supplied by the Government. It would, nevertheless, point out that the scope of section 12(8) of the Individual Labour Relations Act appears much wider than that of section 14, which provides for conditions under which advances may be granted to workers and the amount of periodic deductions for the reimbursement of these advances. Section 12(8), on the other hand, provides that wages should be paid to the worker himself or to a person whom he has authorised in writing, except for deductions provided for in a written agreement between the two parties. This means that the agreement between a worker and an employer may cover not only deductions due to advances made by the employer, but also deductions for any other reason. The Committee recalls that this Article of the Convention aims to ensure that the deductions from wages shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award, and not left to the discretion of the parties as in section 12(8). The Committee would therefore be grateful if the Government would indicate in its next report the measures which have been taken or are contemplated to give effect to this Article of the Convention.

Article 9. The Committee notes the explanations provided by the Government concerning, in particular, section 51 of the Individual Labour Relations Act. The Committee notes that under this section the prohibition provided for in Article 9 of the Convention is not complete. Section 51 of the Act provides that courts may not enforce contracts the object of which is the assignment of all or part of the wages due to a worker from the employer, or which the employer has engaged to pay under a labour contract. The Committee thus hopes that the Government will take account of its comments when this legislation is amended.

Article 10. The Committee notes the explanations furnished by the Government. It recalls that under this Article the legislation should provide for the manner in which and the limits within which wages may be attached or assigned. As the Government indicated in its 1982 report, the national legislation contains no provisions on this subject, strictly speaking, and the restrictions which exist are the result of interpretation of other provisions. The Committee thus requests the Government to indicate in its future reports the measures which have been taken to regulate the attachment and assignment of wages in a clear way, for example, in the regulations which are to be adopted.

Article 14. The Committee notes the explanations supplied by the Government according to which workers engaged for a period of more than three months have the right to a written contract. Nevertheless, it notes that no provisions exist to ensure that: (a) workers engaged under an oral employment contract be informed before they enter employment of the wages conditions which are applicable to them, and (b) that all workers (whether under an oral or a written contract) be informed at the time of each payment of wages, of any changes in their wages. The Committee hopes that the Government will indicate in its next report what measures have been taken or are contemplated to apply this Article of the Convention. It recalls that this question may be appropriate for the adoption of regulations.

Article 15(d). The Committee hopes that the Government will be able to indicate in the near future that the necessary regulations have been adopted.