Protection of Wages Convention, 1949 (No. 95) - Kyrgyzstan (Ratification: 1992)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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 No. 131 (minimum wage) and No. 95 (protection of wages) together.

Minimum wage

Article 2 of Convention No. 131. Sanctions. Further to its previous comments, the Committee notes that the Government’s report does not contain information on the measures taken to give effect to this Article of the Convention. It also notes that in its 2021 report on Convention No. 81, the Government indicates that the new Code of Offences adopted on 28 October 2021 by Act No. 128, which provides for sanctions for violations of labour legislation (sections 87 to 95), does not contain sanctions for failure to apply the minimum wage. The Committee once again requests the Government to take the necessary measures to ensure that failure to apply the minimum wage makes the person or persons concerned liable to appropriate penal or other sanctions, in accordance with Article 2 of the Convention, and to provide information in this regard.

Article 3. Elements to be considered in determining the minimum wage level. The Committee notes that in reply to its previous request, the Government reiterates that the minimum wage is set at 30 per cent of the minimum subsistence level, based on the principle of a progressive raise to the minimum subsistence level for a person of working age, and does not provide any information on the criteria used to determine this ratio. In this context, the Committee expects that at the next adjustment of the minimum wage, so far as possible and appropriate in relation to national practice and conditions, account will be taken of both the needs of workers and their families, and of economic factors, as provided for in Article 3 of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Article 4. Consultation with the social partners. The Committee notes that in response to its previous comments, the Government indicates that the National Tripartite Commission has not been able to meet for a considerable time, albeit it will consider the issue of the minimum wage raise at its next meeting. In light of this information, the Committee requests the Government to take all necessary measures to ensure that full consultation with the employers’ and workers’ representatives is held in connection with the fixing and adjustment of the minimum wage level, and to provide information in this regard. The Committee also requests the Government to provide information on the composition, and functioning of the National Tripartite Commission, and its work in the context of the next examination of the minimum wage.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages. Further to its previous comments on the persisting situation of wage arrears in the country, the Committee notes that the Government indicates in its report that this issue will be considered at a meeting of the National Tripartite Commission. The Committee requests the Government to intensify its efforts to address and remedy the issue of wage arrears in consultation with the social partners, including in the framework of the National Tripartite Commission, and to provide specific information on the measures adopted in this respect, including strict supervision, severe sanctions, and appropriate compensation to workers for the losses incurred.

Direct Request (CEACR) - adopted 2020, 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 No. 131 (minimum wage) and No. 95 (protection of wages) together.

Minimum wage

Article 2 of Convention No. 131. Sanctions. In its previous comments, the Committee requested the Government to indicate the specific penalties provided for in labour laws or regulations for failure to pay wages at no less than the legally established minimum wage rate. It notes that the Government indicates in its report that the new codes recently adopted do not contain sanctions for the violation of labour law. The Committee recalls that Article 2 provides that failure to apply the minimum wage shall make the person or persons concerned liable to appropriate penal or other sanctions. It requests the Government to take the necessary measures to give effect to this Article and to provide information in this regard.

Article 3. Elements to be considered in determining the minimum wage level. Further to its previous comments, the Committee notes the detailed information provided by the Government on the methodology used to determine the level of the subsistence minimum. While the Minimum Wage Act provides that the minimum wage is to be progressively raised to reach the amount of the subsistence minimum, the Committee notes that, according to the data provided by the Government, the minimum wage in 2018 only covered 31 per cent of the subsistence minimum. Noting the absence of information on how this ratio is determined, the Committee requests the Government to indicate how the needs of workers and their families and the relevant economic factors have been considered in fixing the minimum wage level.

Article 4. Consultation with the social partners. Further to its previous comments, the Committee notes that the Government refers to the National Tripartite Commission. It requests the Government to provide information on the role of that commission in the functioning of the minimum wage fixing machinery.

Protection of wages

Articles 4, 7, 13(2) and 15(d) of Convention No. 95. Partial payment of wages in kind. Works stores. Payment of wages in taverns or shops. Maintenance of wage records. Further to its previous comments on the application of these provisions, the Committee takes note of the information provided by the Government in its report, notably the absence of issues in practice.

Article 12. Regular payment of wages. Further to its previous comments, the Committee notes with concern the information provided by the Government on the persisting situation of wage arrears in the country. It requests the Government to take the necessary measures, in consultation with the social partners, to address the issue of wage arrears and to provide information in this regard. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance.

[The Government is asked to reply in full to the present comments in 2021.]

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret 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 initially made in 2013.

Repetition

Article 4 of the Convention. Partial payment of wages in kind. Further to its previous comment on how the partial payment of wages in kind might be regulated under the Labour Code of 2004 (Text No. 106), the Committee notes the Government’s reference to section 153 of the Labour Code which provides that wages are paid in pecuniary form and in the national currency and that the payment of wages in the form of promissory notes, vouchers, food coupons or coupons for consumer goods or other substitutes for legal tender is prohibited. While noting, therefore, that the labour legislation does not make any provision for the payment of wages in the form of allowances in kind, the Committee recalls the Government’s reference in earlier reports to widespread practices of offering manufactured goods and agricultural products in lieu of money wages mainly due to serious liquidity problems of enterprises and farms. The Committee accordingly requests the Government to specify whether such difficulties persist, and, if yes, to provide additional explanations on how it is ensured that the conditions and limits for the payment of wages in kind set out in the Convention are complied with.

Articles 7, 13(2) and 15(d). Works stores – Payment of wages in taverns or shops – Maintenance of wage records. The Committee recalls its previous comments in which it requested the Government to explain how effect is given to the requirements of Articles 7 (regulation of works stores), 13(2) (prohibition of payment of wages in taverns and shops) and 15(d) (maintenance of wage records) of the Convention. In the absence of any new information in the Government’s report on these points, the Committee again requests the Government to indicate how these provisions of the Convention are implemented in law and in practice.

Article 12. Payment of wages at regular intervals. The Committee notes that the Government’s report does not contain any information on the current situation regarding accumulated wage arrears or other difficulties experienced in the timely payment of wages – a point on which the Committee has been commenting for a number of years. The Committee understands, however, that the overall amount of the wage debt stood in July 2011 at 320 million som (approximately US$6.6 million) having increased by 30 per cent in one year. Recalling the importance of putting an end to practices of deferred payment of wages that clearly contravene the letter and the spirit of the Convention, the Committee requests the Government to provide detailed information, including statistical data, on the total amount of outstanding payments, the approximate number of workers and the principal sectors concerned, and any measures taken such as reinforcing supervision and strengthening sanctions to remedy the situation.

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

Article 4 of the Convention. Partial payment of wages in kind. Further to its previous comment on how the partial payment of wages in kind might be regulated under the Labour Code of 2004 (Text No. 106), the Committee notes the Government’s reference to section 153 of the Labour Code which provides that wages are paid in pecuniary form and in the national currency and that the payment of wages in the form of promissory notes, vouchers, food coupons or coupons for consumer goods or other substitutes for legal tender is prohibited. While noting, therefore, that the labour legislation does not make any provision for the payment of wages in the form of allowances in kind, the Committee recalls the Government’s reference in earlier reports to widespread practices of offering manufactured goods and agricultural products in lieu of money wages mainly due to serious liquidity problems of enterprises and farms. The Committee accordingly requests the Government to specify whether such difficulties persist, and, if yes, to provide additional explanations on how it is ensured that the conditions and limits for the payment of wages in kind set out in the Convention are complied with.

Articles 7, 13(2) and 15(d). Works stores – Payment of wages in taverns or shops – Maintenance of wage records. The Committee recalls its previous comments in which it requested the Government to explain how effect is given to the requirements of Articles 7 (regulation of works stores), 13(2) (prohibition of payment of wages in taverns and shops) and 15(d) (maintenance of wage records) of the Convention. In the absence of any new information in the Government’s report on these points, the Committee again requests the Government to indicate how these provisions of the Convention are implemented in law and in practice.

Article 12. Payment of wages at regular intervals. The Committee notes that the Government’s report does not contain any information on the current situation regarding accumulated wage arrears or other difficulties experienced in the timely payment of wages – a point on which the Committee has been commenting for a number of years. The Committee understands, however, that the overall amount of the wage debt stood in July 2011 at 320 million som (approximately US$6.6 million) having increased by 30 per cent in one year. Recalling the importance of putting an end to practices of deferred payment of wages that clearly contravene the letter and the spirit of the Convention, the Committee requests the Government to provide detailed information, including statistical data, on the total amount of outstanding payments, the approximate number of workers and the principal sectors concerned, and any measures taken such as reinforcing supervision and strengthening sanctions to remedy the situation.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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 4 of the Convention. Partial payment of wages in kind. The Committee notes that the Labour Code of 4 August 2004 (Text No. 106) does not contain specific provisions regulating the payment of wages in kind. It also notes that, since the Government’s first report submitted in 1995, in which it was explained that, due to wage arrears, workers sometimes had no choice but to accept goods instead of monetary wages that they sold on the market to earn cash income, the Government has not provided any updated information concerning the current situation with regard to the payment of wages in kind. The Committee therefore requests the Government to provide more detailed information in this respect, including copies of any relevant legal text, and to specify how it is ensured both in law and in practice that only part of the cash wages is replaced by goods and services, that any authorized allowances are appropriate for the use and the benefit of the worker and his/her family and that the value attributed to them is fair and reasonable. In this connection, the Committee refers to paragraphs 104–160 of its General Survey of 2003 on the protection of wages which offer an overview of different national laws and practices giving effect to the requirements of the Convention.

Article 6. Freedom of workers to dispose of their wages. Noting that the 2004 Labour Code does not explicitly prohibit employers from limiting in any manner the freedom of workers to dispose of their wages, the Committee requests the Government to indicate how effect is given to this Article of the Convention.

Article 7. Works stores. The Committee notes that the Labour Code does not specifically regulate works stores. It recalls, however, that the Government in its first report had indicated that a system of workers’ supply departments (ORS) charging higher prices than ordinary market prices was still in operation, and that workers were obliged to use the ORS due to the difficulty of access or high transportation costs. As the Government has not provided any updated information on this point, the Committee requests it to specify any measures taken or planned in order to regulate the ORS in a manner consistent with the provisions of the Convention.

Articles 8 and 10. Deductions from wages and attachment of wages. The Committee notes that section 161 of the Labour Code provides for an overall limit for authorized deductions not to exceed 20 per cent of the worker’s wages, or 50 per cent in case of deductions prescribed by the law and even 70 per cent in case of serving a sentence or enforcing the payment of alimony to under-age children. The Committee once again requests the Government to explain whether the Act of 1996 authorizing the tax inspectorate to attach the accounts of an enterprise barring it from paying wages until such time as the debt has been discharged is still in force and, if so, whether the possibility of the state tax authorities seizing funds of an enterprise virtually without limitation has an impact on the timely payment of workers’ wages.

Article 11. Protection of wage claims in case of bankruptcy. The Committee notes that, under section 165 of the Labour Code, in case of the employer’s bankruptcy, workers’ claims for an amount not exceeding three months’ wages are granted privileged protection as compared to those of other creditors. The Committee recalls, however, that the previous Labour Code of 1997 provided for a wage reserve fund to ensure the payment of wages in the event of the employer’s bankruptcy or insolvency (section 236). The Committee therefore requests the Government to provide additional explanations, including copies of any relevant legal text, concerning the current state of law and practice with respect to wage reserve funds. It would also appreciate if the Government would clarify whether section 87 of the Bankruptcy Act of 1997, which provides that salary payments for no more than a three-month period are granted second rank priority after claims arising from personal injury or death, is still in force.

Article 12(1). Payment of wages at regular intervals. The Committee understands that problems of delayed payment of wages persist and that at present the accumulated wage arrears reportedly amount to US$9.5 million. As indicated in the Note on the “Relevance and application of ILO wages-related standards in the context of the global economic crisis”, that the Committee prepared for last year’s General Report, unpaid wages are estimated to represent on average 8 per cent of the annual wage bill in the Commonwealth of Independent States (CIS) countries. The Committee would appreciate receiving up to date information, including any available statistics, on the nature and extent of the difficulties currently experienced with respect to the regular payment of wages, the approximate number of workers and types of enterprises affected, and any legislative, administrative or other measures taken or planned in order to put an end to such practices that violate both the letter and the spirit of the Convention.

Article 13(2). Payment of wages in taverns or shops. The Committee notes that the Labour Code does not appear to contain specific provisions giving effect to this Article of the Convention. It accordingly requests the Government to indicate how effect is given to the prohibition of payment of wages in taverns or similar establishments, shops or stores for the retail sale of merchandise and places of amusement.

Article 15(d). Maintenance of wage records. The Committee notes that, whereas section 241 of the Labour Code of 1997 provided for pay books, the 2004 Labour Code does not appear to contain similar provisions. The Committee therefore requests the Government to explain how the Convention is given effect in this regard.

Part V of the report form. Application in practice. The Committee requests the Government to provide up-to-date information with supporting documentation on the practical application of the Convention, including, for instance, copies of collective agreements containing clauses on pay conditions, inspection results showing the number of visits made, contraventions identified and sanctions imposed, any difficulties experienced in the timely payment of wages in the private or public sector, etc.

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

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that the Labour Code of 4 August 2004 (Text No. 106) does not contain specific provisions regulating the payment of wages in kind. It also notes that, since the Government’s first report submitted in 1995, in which it was explained that, due to wage arrears, workers sometimes had no choice but to accept goods instead of monetary wages that they sold on the market to earn cash income, the Government has not provided any updated information concerning the current situation with regard to the payment of wages in kind. The Committee therefore requests the Government to provide more detailed information in this respect, including copies of any relevant legal text, and to specify how it is ensured both in law and in practice that only part of the cash wages is replaced by goods and services, that any authorized allowances are appropriate for the use and the benefit of the worker and his/her family and that the value attributed to them is fair and reasonable. In this connection, the Committee refers to paragraphs 104–160 of its General Survey of 2003 on the protection of wages which offer an overview of different national laws and practices giving effect to the requirements of the Convention.  

Article 6. Freedom of workers to dispose of their wages. Noting that the 2004 Labour Code does not explicitly prohibit employers from limiting in any manner the freedom of workers to dispose of their wages, the Committee requests the Government to indicate how effect is given to this Article of the Convention.

Article 7. Works stores. The Committee notes that the Labour Code does not specifically regulate works stores. It recalls, however, that the Government in its first report had indicated that a system of workers’ supply departments (ORS) charging higher prices than ordinary market prices was still in operation, and that workers were obliged to use the ORS due to the difficulty of access or high transportation costs. As the Government has not provided any updated information on this point, the Committee requests it to specify any measures taken or planned in order to regulate the ORS in a manner consistent with the provisions of the Convention.

Articles 8 and 10. Deductions from wages and attachment of wages. The Committee notes that section 161 of the Labour Code provides for an overall limit for authorized deductions not to exceed 20 per cent of the worker’s wages, or 50 per cent in case of deductions prescribed by the law and even 70 per cent in case of serving a sentence or enforcing the payment of alimony to under-age children. The Committee once again requests the Government to explain whether the Act of 1996 authorizing the tax inspectorate to attach the accounts of an enterprise barring it from paying wages until such time as the debt has been discharged is still in force and, if so, whether the possibility of the state tax authorities seizing funds of an enterprise virtually without limitation has an impact on the timely payment of workers’ wages.

Article 11. Protection of wage claims in case of bankruptcy. The Committee notes that, under section 165 of the Labour Code, in case of the employer’s bankruptcy, workers’ claims for an amount not exceeding three months’ wages are granted privileged protection as compared to those of other creditors. The Committee recalls, however, that the previous Labour Code of 1997 provided for a wage reserve fund to ensure the payment of wages in the event of the employer’s bankruptcy or insolvency (section 236). The Committee therefore requests the Government to provide additional explanations, including copies of any relevant legal text, concerning the current state of law and practice with respect to wage reserve funds. It would also appreciate if the Government would clarify whether section 87 of the Bankruptcy Act of 1997, which provides that salary payments for no more than a three-month period are granted second‑rank priority after claims arising from personal injury or death, is still in force.

Article 12(1). Payment of wages at regular intervals. The Committee understands that problems of delayed payment of wages persist and that at present the accumulated wage arrears reportedly amount to US$9.5 million. As indicated in the Note on the “Relevance and application of ILO wages-related standards in the context of the global economic crisis”, that the Committee prepared for last year’s General Report, unpaid wages are estimated to represent on average 8 per cent of the annual wage bill in the Commonwealth of Independent States (CIS) countries. The Committee would appreciate receiving up to date information, including any available statistics, on the nature and extent of the difficulties currently experienced with respect to the regular payment of wages, the approximate number of workers and types of enterprises affected, and any legislative, administrative or other measures taken or planned in order to put an end to such practices that violate both the letter and the spirit of the Convention.

Article 13(2). Payment of wages in taverns or shops. The Committee notes that the Labour Code does not appear to contain specific provisions giving effect to this Article of the Convention. It accordingly requests the Government to indicate how effect is given to the prohibition of payment of wages in taverns or similar establishments, shops or stores for the retail sale of merchandise and places of amusement.

Article 15(d). Maintenance of wage records. The Committee notes that, whereas section 241 of the Labour Code of 1997 provided for pay books, the 2004 Labour Code does not appear to contain similar provisions. The Committee therefore requests the Government to explain how the Convention is given effect in this regard.

Part V of the report form. Application in practice. The Committee requests the Government to provide up-to-date information with supporting documentation on the practical application of the Convention, including, for instance, copies of collective agreements containing clauses on pay conditions, inspection results showing the number of visits made, contraventions identified and sanctions imposed, any difficulties experienced in the timely payment of wages in the private or public sector, etc.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret 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:

Article 4 of the Convention. The Committee notes that the Labour Code does not contain any provisions regulating the partial payment of wages in the form of allowances in kind. However, according to the information provided by the Government in earlier reports, the payment of wages in kind had become widespread due to serious liquidity problems of enterprises. In addition, the Government stated that workers were sometimes compelled to accept goods to sell on the market because of delays in wage payments and lack of means of subsistence. Even though there were no official data on the subject, according to surveys carried out by trade unions, it was estimated that every fourth enterprise and virtually all agricultural enterprises, collective farms and state farms paid wages in the form of their own products or of goods acquired by barter. Moreover, families could not always make personal use of the goods offered in lieu of money and were obliged to sell them on the market. The Committee would appreciate receiving up to date information on the phenomenon of “barterization” or “demonetization” of the national economy and requests the Government to specify the measures taken or envisaged to ensure full conformity with the Convention in this respect.

Article 6. The Committee notes that there appears to be no provision in the Labour Code explicitly prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. It therefore requests the Government to specify how this principle of the Convention is implemented in national legislation.

Article 7. With respect to workers’ supply departments (ORS) still operating in some sectors of the economy (e.g. non-ferrous metallurgy, oil production, etc.), the Committee notes the Government’s statement that ORS no longer received any state subsidy but took a certain percentage of profit and that no measures had been taken to ensure the sale of goods and services at reasonable prices acceptable to workers in such places. The Committee therefore requests the Government to take appropriate action to ensure that full effect is given to this provision of the Convention.

Article 10. The Committee notes that the Labour Code does not set an overall limit for authorized wage deductions to the extent necessary to safeguard the maintenance of the worker and his/her family. Nor seem there to exist any provisions in the Labour Code regulating the assignment of wages. The Committee therefore requests the Government to provide clarification in this regard. In addition, the Committee asks the Government to specify whether the Act of 1996 authorizing the tax inspectorate to attach the accounts of an enterprise barring it from paying wages until such time as the debt has been discharged is still in force, and if so, whether the possibility of the state tax authorities to seize funds of an enterprise virtually without limitation continues to cause delays in the payment of workers’ wages.

Article 11. While noting section 236 of the Labour Code, which provides for wage reserve funds to guarantee the payment of wages in the event of bankruptcy or insolvency of an employer, liquidation of an enterprise, or cessation of the business activities of an entrepreneur, the Committee requests the Government to supply more detailed information on the organization, management, operation and financing of those funds.

Article 12. While noting section 233(1) of the Labour Code which requires the payment of wages at regular intervals, the Committee requests the Government to supply detailed information on the application of this Article of the Convention in practice and to elaborate on the nature and scale of any ongoing problems of wage arrears that the national economy may be experiencing at present. The Committee would also appreciate receiving a copy of the Act on the timely payment of wages, pensions, benefits and other social assistance, to which reference is made in the Government’s last report.

Article 13(2). The Committee requests the Government to specify the legal provision expressly prohibiting the payment of wages in taverns or similar establishments, shops or stores for the retail sale of merchandise and places of amusement except in the case of persons employed therein, as required under this Article of the Convention.

Article 15(b) and (c). The Committee notes section 457 of the Labour Code which establishes the employer’s liability for violation of the terms and conditions of payment of wages. It also notes that, under sections 461 and 462 of the Code, the supervision and control of the observance of the labour legislation is entrusted to the State Labour Inspection under the Ministry of Labour and to the state inspections at the oblast and city levels, assisted by public inspectors, trade unions and other elective bodies. The Committee requests the Government to provide more detailed information on the type of sanctions provided for in case of infringement of the legislation regarding wage protection, as well as on the powers and functions of the labour inspection services in wage-related matters.

Part V of the report form. While noting the statistical information provided by the Government on the number of labour complaints reported to the labour inspectorate in the first half of 2004 and the amount of wage arrears recovered through the intervention of state authorities, the Committee would be grateful if the Government would continue providing general information on the application of the Convention in practice, including, for instance, extracts from reports of the labour inspection services, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.

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

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:

Article 4 of the Convention. The Committee notes that the Labour Code does not contain any provisions regulating the partial payment of wages in the form of allowances in kind. However, according to the information provided by the Government in earlier reports, the payment of wages in kind had become widespread due to serious liquidity problems of enterprises. In addition, the Government stated that workers were sometimes compelled to accept goods to sell on the market because of delays in wage payments and lack of means of subsistence. Even though there were no official data on the subject, according to surveys carried out by trade unions, it was estimated that every fourth enterprise and virtually all agricultural enterprises, collective farms and state farms paid wages in the form of their own products or of goods acquired by barter. Moreover, families could not always make personal use of the goods offered in lieu of money and were obliged to sell them on the market. The Committee would appreciate receiving up to date information on the phenomenon of “barterization” or “demonetization” of the national economy and requests the Government to specify the measures taken or envisaged to ensure full conformity with the Convention in this respect.

Article 6. The Committee notes that there appears to be no provision in the Labour Code explicitly prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. It therefore requests the Government to specify how this principle of the Convention is implemented in national legislation.

Article 7. With respect to workers’ supply departments (ORS) still operating in some sectors of the economy (e.g. non-ferrous metallurgy, oil production, etc.), the Committee notes the Government’s statement that ORS no longer received any state subsidy but took a certain percentage of profit and that no measures had been taken to ensure the sale of goods and services at reasonable prices acceptable to workers in such places. The Committee therefore requests the Government to take appropriate action to ensure that full effect is given to this provision of the Convention.

Article 10. The Committee notes that the Labour Code does not set an overall limit for authorized wage deductions to the extent necessary to safeguard the maintenance of the worker and his/her family. Nor seem there to exist any provisions in the Labour Code regulating the assignment of wages. The Committee therefore requests the Government to provide clarification in this regard. In addition, the Committee asks the Government to specify whether the Act of 1996 authorizing the tax inspectorate to attach the accounts of an enterprise barring it from paying wages until such time as the debt has been discharged is still in force, and if so, whether the possibility of the state tax authorities to seize funds of an enterprise virtually without limitation continues to cause delays in the payment of workers’ wages.

Article 11. While noting section 236 of the Labour Code, which provides for wage reserve funds to guarantee the payment of wages in the event of bankruptcy or insolvency of an employer, liquidation of an enterprise, or cessation of the business activities of an entrepreneur, the Committee requests the Government to supply more detailed information on the organization, management, operation and financing of those funds.

Article 12. While noting section 233(1) of the Labour Code which requires the payment of wages at regular intervals, the Committee requests the Government to supply detailed information on the application of this Article of the Convention in practice and to elaborate on the nature and scale of any ongoing problems of wage arrears that the national economy may be experiencing at present. The Committee would also appreciate receiving a copy of the Act on the timely payment of wages, pensions, benefits and other social assistance, to which reference is made in the Government’s last report.

Article 13, paragraph 2. The Committee requests the Government to specify the legal provision expressly prohibiting the payment of wages in taverns or similar establishments, shops or stores for the retail sale of merchandise and places of amusement except in the case of persons employed therein, as required under this Article of the Convention.

Article 15(b) and (c). The Committee notes section 457 of the Labour Code which establishes the employer’s liability for violation of the terms and conditions of payment of wages. It also notes that, under sections 461 and 462 of the Code, the supervision and control of the observance of the labour legislation is entrusted to the State Labour Inspection under the Ministry of Labour and to the state inspections at the oblast and city levels, assisted by public inspectors, trade unions and other elective bodies. The Committee requests the Government to provide more detailed information on the type of sanctions provided for in case of infringement of the legislation regarding wage protection, as well as on the powers and functions of the labour inspection services in wage-related matters.

Part V of the report form. While noting the statistical information provided by the Government on the number of labour complaints reported to the labour inspectorate in the first half of 2004 and the amount of wage arrears recovered through the intervention of state authorities, the Committee would be grateful if the Government would continue providing general information on the application of the Convention in practice, including, for instance, extracts from reports of the labour inspection services, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.

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

The Committee notes the information supplied by the Government in its last report and wishes to draw its attention to the following points.

Article 4 of the Convention. The Committee notes that the Labour Code does not contain any provisions regulating the partial payment of wages in the form of allowances in kind. However, according to the information provided by the Government in earlier reports, the payment of wages in kind has become widespread due to serious liquidity problems of enterprises. In addition, the Government states that workers are sometimes compelled to accept goods to sell on the market because of delays in wage payments and lack of means of subsistence. Even though there are no official data on the subject, according to surveys carried out by trade unions, it is estimated that every fourth enterprise and virtually all agricultural enterprises, collective farms and state farms pay wages in the form of their own products or of goods acquired by barter. Moreover, families cannot always make personal use of the goods offered in lieu of money and are obliged to sell them on the market. The Committee would appreciate receiving up-to-date information on the phenomenon of "barterization" or "demonetization" of the national economy and requests the Government to specify the measures taken or envisaged to ensure full conformity with the Convention in this respect.

Article 6. The Committee notes that there appears to be no provision in the Labour Code explicitly prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. It therefore requests the Government to specify how this principle of the Convention is implemented in national legislation.

Article 7. With respect to workers’ supply departments (ORS) still operating in some sectors of the economy (e.g. non-ferrous metallurgy, oil production, etc.), the Committee notes the Government’s statement that ORS no longer receive any state subsidy but take a certain percentage of profit and that no measures have been taken to ensure the sale of goods and services at reasonable prices acceptable to workers in such places. The Committee therefore requests the Government to take appropriate action to ensure that full effect is given to this provision of the Convention.

Article 10. The Committee notes that the Labour Code does not set an overall limit for authorized wage deductions to the extent necessary to safeguard the maintenance of the worker and his/her family. Nor seem there to exist any provisions in the Labour Code regulating the assignment of wages. The Committee therefore requests the Government to provide clarification in this regard. In addition, the Committee asks the Government to specify whether the Act of 1996 authorizing the tax inspectorate to attach the accounts of an enterprise barring it from paying wages until such time as the debt has been discharged is still in force, and if so, whether the possibility of the state tax authorities to seize funds of an enterprise virtually without limitation continues to cause delays in the payment of workers’ wages.

Article 11. While noting section 236 of the Labour Code, which provides for wage reserve funds to guarantee the payment of wages in the event of bankruptcy or insolvency of an employer, liquidation of an enterprise, or cessation of the business activities of an entrepreneur, the Committee requests the Government to supply more detailed information on the organization, management, operation and financing of those funds.

Article 12. While noting section 233(1) of the Labour Code which requires the payment of wages at regular intervals, the Committee requests the Government to supply detailed information on the application of this Article of the Convention in practice and to elaborate on the nature and scale of any ongoing problems of wage arrears that the national economy may be experiencing at present. The Committee would also appreciate receiving a copy of the Act on the timely payment of wages, pensions, benefits and other social assistance, to which reference is made in the Government’s last report.

Article 13, paragraph 2. The Committee requests the Government to specify the legal provision expressly prohibiting the payment of wages in taverns or similar establishments, shops or stores for the retail sale of merchandise and places of amusement except in the case of persons employed therein, as required under this Article of the Convention.

Article 15(b) and (c). The Committee notes section 457 of the Labour Code which establishes the employer’s liability for violation of the terms and conditions of payment of wages. It also notes that, under sections 461 and 462 of the Code, the supervision and control of the observance of the labour legislation is entrusted to the State Labour Inspection under the Ministry of Labour and to the state inspections at the oblast and city levels, assisted by public inspectors, trade unions and other elective bodies. The Committee requests the Government to provide more detailed information on the type of sanctions provided for in case of infringement of the legislation regarding wage protection, as well as on the powers and functions of the labour inspection services in wage-related matters.

Part V of the report form. While noting the statistical information provided by the Government on the number of labour complaints reported to the labour inspectorate in the first half of 2004 and the amount of wage arrears recovered through the intervention of state authorities, the Committee would be grateful if the Government would continue providing general information on the application of the Convention in practice, including, for instance, extracts from reports of the labour inspection services, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret 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:

Article 4 of the Convention. The Committee notes with concern the indication in the Government’s report that workers are compelled to accept the payment of wages in kind for selling the goods later on the market, and that in one case even the payment in the form of spirituous liquor was offered. It recalls that the requirement of the provisions of the Convention that the payment in kind should be appropriate for the personal use and benefit of the worker and his/her family, aims exactly at protecting workers from such difficulties as indicated by the Government. The Committee hopes that the Government will take all the possible measures to make progress in the application of this Article and, in particular to prohibit the payment of wages in the form of alcoholic beverages or of noxious drugs in any circumstances.

Article 7. The Committee notes the Government’s indication that workers’ supply departments (ORS) function in some sectors, taking a certain percentage of profit, and that, in some remote places, even though the prices there are higher than in towns and villages elsewhere, workers are obliged to use their services in the absence of other sources of supply. It hopes that the Government will take measures to ensure the sale of goods and the offer of services at fair and reasonable prices in such cases.

Articles 8, 10 and 12. The Government indicates that, the provision of section 136 of the Labour Code, which sets a limit of 50 per cent of the wage as the total amount of deductions from a wage, is not implemented in practice, for various reasons, including the possibility for the state tax service to seize funds of an enterprise virtually without limitation. It also notes that for similar reasons, payment of wages at enterprises was subject to delays of two to six months during 1993-94. The Committee notes this information with concern and recalls, in particular, the importance of ensuring the application of these provisions of the Convention for the maintenance of the worker and his or her family. It asks the Government to take all possible measures to overcome these difficulties and to supply information on any progress made.

Article 11. The Committee notes that section 41 of the Bankruptcy Act of 15 January 1994 accords the right to be treated as privileged creditors only to the workers who have not received wages for six months. It points out that under this provision of the Convention such right should be accorded to all the workers employed in the undertaking concerned, although the protection may be limited to wages due for a prescribed period of service, or to a prescribed amount as may be determined by national legislation. The Committee requests the Government to indicate measures taken or envisaged to bring the said provision into conformity with the requirements of this Article.

Article 15(b) and (c). The Committee notes the indication in the Government’s report to the effect that no cases relating to late payment of wages have been dealt with in judicial proceedings and that no consideration is given to responsibility of managers for the late payment. It requests the Government to supply information on the persons responsible for compliance with the national legislation concerning protection of wages, and on penalties prescribed for any violation of it.

Parts III and V of the report form. The Committee requests the Government to supply information on the working of the inspectorate for ensuring the payment of wages, including for instance extracts of official reports and information on violations reported and penalties imposed.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the detailed information supplied by the Government in its report, including texts of relevant legislation and descriptions of the application of the Convention in practice. The Government refers in particular to difficulties in applying Articles 4 (regulation of wage payment in kind), 7 (works stores and services), 8 (deductions from wages), 10 (attachment and assignment of wages) and 12 (regular payment of wages and the final settlement) of the Convention. The Committee notes this information with concern and hopes that the Government will take all possible measures to overcome these difficulties.

The Committee, however, appreciates the Government’s attitude about providing information on the problems it is faced with and suggests that the Government request technical assistance of the Office. It would be grateful if the Government would continue to communicate information on the measures taken or envisaged in this regard as well as on any improvement in the situation.

The Committee asks the Government to provide information on particular points raised in the request which it is addressing directly to the Government.

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

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

The Committee notes with regret 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:

  Article 4 of the Convention. The Committee notes with concern the indication in the Government’s report that workers are compelled to accept the payment of wages in kind for selling the goods later on the market, and that in one case even the payment in the form of spirituous liquor was offered. It recalls that the requirement of the provisions of the Convention that the payment in kind should be appropriate for the personal use and benefit of the worker and his/her family, aims exactly at protecting workers from such difficulties as indicated by the Government. The Committee hopes that the Government will take all the possible measures to make progress in the application of this Article and, in particular to prohibit the payment of wages in the form of alcoholic beverages or of noxious drugs in any circumstances.

  Article 7. The Committee notes the Government’s indication that workers’ supply departments (ORS) function in some sectors, taking a certain percentage of profit, and that, in some remote places, even though the prices there are higher than in towns and villages elsewhere, workers are obliged to use their services in the absence of other sources of supply. It hopes that the Government will take measures to ensure the sale of goods and the offer of services at fair and reasonable prices in such cases.

  Articles 8, 10 and 12. The Government indicates that, the provision of section 136 of the Labour Code, which sets a limit of 50 per cent of the wage as the total amount of deductions from a wage, is not implemented in practice, for various reasons, including the possibility for the state tax service to seize funds of an enterprise virtually without limitation. It also notes that for similar reasons, payment of wages at enterprises was subject to delays of two to six months during 1993-94. The Committee notes this information with concern and recalls, in particular, the importance of ensuring the application of these provisions of the Convention for the maintenance of the worker and his or her family. It asks the Government to take all possible measures to overcome these difficulties and to supply information on any progress made.

  Article 11. The Committee notes that section 41 of the Bankruptcy Act of 15 January 1994 accords the right to be treated as privileged creditors only to the workers who have not received wages for six months. It points out that under this provision of the Convention such right should be accorded to all the workers employed in the undertaking concerned, although the protection may be limited to wages due for a prescribed period of service, or to a prescribed amount as may be determined by national legislation. The Committee requests the Government to indicate measures taken or envisaged to bring the said provision into conformity with the requirements of this Article.

  Article 15(b) and (c). The Committee notes the indication in the Government’s report to the effect that no cases relating to late payment of wages have been dealt with in judicial proceedings and that no consideration is given to responsibility of managers for the late payment. It requests the Government to supply information on the persons responsible for compliance with the national legislation concerning protection of wages, and on penalties prescribed for any violation of it.

  Parts III and V of the report form. The Committee requests the Government to supply information on the working of the inspectorate for ensuring the payment of wages, including for instance extracts of official reports and information on violations reported and penalties imposed.

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

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

The Committee notes the detailed information supplied by the Government in its report, including texts of relevant legislation and descriptions of the application of the Convention in practice. The Government refers in particular to difficulties in applying Articles 4 (regulation of wage payment in kind), 7 (works stores and services), 8 (deductions from wages), 10 (attachment and assignment of wages) and 12 (regular payment of wages and the final settlement) of the Convention. The Committee notes this information with concern and hopes that the Government will take all possible measures to overcome these difficulties.

The Committee, however, appreciates the Government’s attitude about providing information on the problems it is faced with and suggests that the Government request technical assistance of the Office. It would be grateful if the Government would continue to communicate information on the measures taken or envisaged in this regard as well as on any improvement in the situation.

The Committee asks the Government to provide information on particular points raised in the request which it is addressing directly to the Government.

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

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

The Committee notes with regret 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:

The Committee requests the Government to supply information on the following points.

  Article 4 of the Convention. The Committee notes with concern the indication in the Government’s report that workers are compelled to accept the payment of wages in kind for selling the goods later on the market, and that in one case even the payment in the form of spirituous liquor was offered. It recalls that the requirement of the provisions of the Convention that the payment in kind should be appropriate for the personal use and benefit of the worker and his/her family, aims exactly at protecting workers from such difficulties as indicated by the Government. The Committee hopes that the Government will take all the possible measures to make progress in the application of this Article and, in particular to prohibit the payment of wages in the form of alcoholic beverages or of noxious drugs in any circumstances.

  Article 7. The Committee notes the Government’s indication that workers’ supply departments (ORS) function in some sectors, taking a certain percentage of profit, and that, in some remote places, even though the prices there are higher than in towns and villages elsewhere, workers are obliged to use their services in the absence of other sources of supply. It hopes that the Government will take measures to ensure the sale of goods and the offer of services at fair and reasonable prices in such cases.

  Articles 8, 10 and 12. The Government indicates that, the provision of section 136 of the Labour Code, which sets a limit of 50 per cent of the wage as the total amount of deductions from a wage, is not implemented in practice, for various reasons, including the possibility for the state tax service to seize funds of an enterprise virtually without limitation. It also notes that for similar reasons, payment of wages at enterprises was subject to delays of two to six months during 1993-94. The Committee notes this information with concern and recalls, in particular, the importance of ensuring the application of these provisions of the Convention for the maintenance of the worker and his or her family. It asks the Government to take all possible measures to overcome these difficulties and to supply information on any progress made.

  Article 11. The Committee notes that section 41 of the Bankruptcy Act of 15 January 1994 accords the right to be treated as privileged creditors only to the workers who have not received wages for six months. It points out that under this provision of the Convention such right should be accorded to all the workers employed in the undertaking concerned, although the protection may be limited to wages due for a prescribed period of service, or to a prescribed amount as may be determined by national legislation. The Committee requests the Government to indicate measures taken or envisaged to bring the said provision into conformity with the requirements of this Article.

  Article 15(b) and (c). The Committee notes the indication in the Government’s report to the effect that no cases relating to late payment of wages have been dealt with in judicial proceedings and that no consideration is given to responsibility of managers for the late payment. It requests the Government to supply information on the persons responsible for compliance with the national legislation concerning protection of wages, and on penalties prescribed for any violation of it.

  Parts III and V of the report form. The Committee requests the Government to supply information on the working of the inspectorate for ensuring the payment of wages, including for instance extracts of official reports and information on violations reported and penalties imposed.

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

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

The Committee notes the detailed information supplied by the Government in its report, including texts of relevant legislation and descriptions of the application of the Convention in practice. The Government refers in particular to difficulties in applying Articles 4 (regulation of wage payment in kind), 7 (works stores and services), 8 (deductions from wages), 10 (attachment and assignment of wages) and 12 (regular payment of wages and the final settlement) of the Convention. The Committee notes this information with concern and hopes that the Government will take all possible measures to overcome these difficulties.

The Committee, however, appreciates the Government’s attitude about providing information on the problems it is faced with and suggests that the Government request technical assistance of the Office. It would be grateful if the Government would continue to communicate information on the measures taken or envisaged in this regard as well as on any improvement in the situation.

The Committee asks the Government to provide information on particular points raised in the request which it is addressing directly to the Government.

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

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

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:

        The Committee requests the Government to supply information on the following points.

        Article 4 of the Convention. The Committee notes with concern the indication in the Government’s report that workers are compelled to accept the payment of wages in kind for selling the goods later on the market, and that in one case even the payment in the form of spirituous liquor was offered. It recalls that the requirement of the provisions of the Convention that the payment in kind should be appropriate for the personal use and benefit of the worker and his/her family, aims exactly at protecting workers from such difficulties as indicated by the Government. The Committee hopes that the Government will take all the possible measures to make progress in the application of this Article and, in particular to prohibit the payment of wages in the form of alcoholic beverages or of noxious drugs in any circumstances.

        Article 7. The Committee notes the Government’s indication that workers’ supply departments (ORS) function in some sectors, taking a certain percentage of profit, and that, in some remote places, even though the prices there are higher than in towns and villages elsewhere, workers are obliged to use their services in the absence of other sources of supply. It hopes that the Government will take measures to ensure the sale of goods and the offer of services at fair and reasonable prices in such cases.

        Articles 8, 10 and 12. The Government indicates that, the provision of section 136 of the Labour Code, which sets a limit of 50 per cent of the wage as the total amount of deductions from a wage, is not implemented in practice, for various reasons, including the possibility for the state tax service to seize funds of an enterprise virtually without limitation. It also notes that for similar reasons, payment of wages at enterprises was subject to delays of two to six months during 1993-94. The Committee notes this information with concern and recalls, in particular, the importance of ensuring the application of these provisions of the Convention for the maintenance of the worker and his or her family. It asks the Government to take all possible measures to overcome these difficulties and to supply information on any progress made.

        Article 11. The Committee notes that section 41 of the Bankruptcy Act of 15 January 1994 accords the right to be treated as privileged creditors only to the workers who have not received wages for six months. It points out that under this provision of the Convention such right should be accorded to all the workers employed in the undertaking concerned, although the protection may be limited to wages due for a prescribed period of service, or to a prescribed amount as may be determined by national legislation. The Committee requests the Government to indicate measures taken or envisaged to bring the said provision into conformity with the requirements of this Article.

        Article 15(b) and (c). The Committee notes the indication in the Government’s report to the effect that no cases relating to late payment of wages have been dealt with in judicial proceedings and that no consideration is given to responsibility of managers for the late payment. It requests the Government to supply information on the persons responsible for compliance with the national legislation concerning protection of wages, and on penalties prescribed for any violation of it.

        Parts III and V of the report form. The Committee requests the Government to supply information on the working of the inspectorate for ensuring the payment of wages, including for instance extracts of official reports and information on violations reported and penalties imposed.

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

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 detailed information supplied by the Government in its report, including texts of relevant legislation and descriptions of the application of the Convention in practice. The Government refers in particular to difficulties in applying Articles 4 (regulation of wage payment in kind), 7 (works stores and services), 8 (deductions from wages), 10 (attachment and assignment of wages) and 12 (regular payment of wages and the final settlement) of the Convention. The Committee notes this information with concern and hopes that the Government will take all possible measures to overcome these difficulties.

        The Committee, however, appreciates the Government’s attitude about providing information on the problems it is faced with and suggests that the Government request technical assistance of the Office. It would be grateful if the Government would continue to communicate information on the measures taken or envisaged in this regard as well as on any improvement in the situation.

The Committee asks the Government to provide information on particular points raised in the request which it is addressing directly to the Government.

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

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

The Committee requests the Government to supply information on the following points.

Article 4 of the Convention.  The Committee notes with concern the indication in the Government’s report that workers are compelled to accept the payment of wages in kind for selling the goods later on the market, and that in one case even the payment in the form of spirituous liquor was offered. It recalls that the requirement of the provisions of the Convention that the payment in kind should be appropriate for the personal use and benefit of the worker and his/her family, aims exactly at protecting workers from such difficulties as indicated by the Government. The Committee hopes that the Government will take all the possible measures to make progress in the application of this Article and, in particular to prohibit the payment of wages in the form of alcoholic beverages or of noxious drugs in any circumstances.

Article 7.  The Committee notes the Government’s indication that workers’ supply departments (ORS) function in some sectors, taking a certain percentage of profit, and that, in some remote places, even though the prices there are higher than in towns and villages elsewhere, workers are obliged to use their services in the absence of other sources of supply. It hopes that the Government will take measures to ensure the sale of goods and the offer of services at fair and reasonable prices in such cases.

Articles 8, 10 and 12.  The Government indicates that, the provision of section 136 of the Labour Code, which sets a limit of 50 per cent of the wage as the total amount of deductions from a wage, is not implemented in practice, for various reasons, including the possibility for the state tax service to seize funds of an enterprise virtually without limitation. It also notes that for similar reasons, payment of wages at enterprises was subject to delays of two to six months during 1993-94. The Committee notes this information with concern and recalls, in particular, the importance of ensuring the application of these provisions of the Convention for the maintenance of the worker and his or her family. It asks the Government to take all possible measures to overcome these difficulties and to supply information on any progress made.

Article 11.  The Committee notes that section 41 of the Bankruptcy Act of 15 January 1994 accords the right to be treated as privileged creditors only to the workers who have not received wages for six months. It points out that under this provision of the Convention such right should be accorded to all the workers employed in the undertaking concerned, although the protection may be limited to wages due for a prescribed period of service, or to a prescribed amount as may be determined by national legislation. The Committee requests the Government to indicate measures taken or envisaged to bring the said provision into conformity with the requirements of this Article.

Article 15(b) and (c).  The Committee notes the indication in the Government’s report to the effect that no cases relating to late payment of wages have been dealt with in judicial proceedings and that no consideration is given to responsibility of managers for the late payment. It requests the Government to supply information on the persons responsible for compliance with the national legislation concerning protection of wages, and on penalties prescribed for any violation of it.

Parts III and V of the report form.  The Committee requests the Government to supply information on the working of the inspectorate for ensuring the payment of wages, including for instance extracts of official reports and information on violations reported and penalties imposed.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes the detailed information supplied by the Government in its report, including texts of relevant legislation and descriptions of the application of the Convention in practice. The Government refers in particular to difficulties in applying Articles 4 (regulation of wage payment in kind), 7 (works stores and services), 8 (deductions from wages), 10 (attachment and assignment of wages) and 12 (regular payment of wages and the final settlement) of the Convention. The Committee notes this information with concern and hopes that the Government will take all possible measures to overcome these difficulties.

The Committee, however, appreciates the Government’s attitude about providing information on the problems it is faced with and suggests that the Government request technical assistance of the Office. It would be grateful if the Government would continue to communicate information on the measures taken or envisaged in this regard as well as on any improvement in the situation. The Committee also asks the Government to provide information on particular points raised in the request which it is addressing directly to the Government.

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

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee requests the Government to supply information on the following points.

Article 4 of the Convention. The Committee notes with concern the indication in the Government's report that workers are compelled to accept the payment of wages in kind for selling the goods later on the market, and that in one case even the payment in the form of spirituous liquor was offered. It recalls that the requirement of the provisions of the Convention that the payment in kind should be appropriate for the personal use and benefit of the worker and his/her family, aims exactly at protecting workers from such difficulties as indicated by the Government. The Committee hopes that the Government will take all the possible measures to make progress in the application of this Article and, in particular to prohibit the payment of wages in the form of alcoholic beverages or of noxious drugs in any circumstances.

Article 7. The Committee notes the Government's indication that workers' supply departments (ORS) function in some sectors, taking a certain percentage of profit, and that, in some remote places, even though the prices there are higher than in towns and villages elsewhere, workers are obliged to use their services in the absence of other sources of supply. It hopes that the Government will take measures to ensure the sale of goods and the offer of services at fair and reasonable prices in such cases.

Articles 8, 10 and 12. The Government indicates that, the provision of section 136 of the Labour Code, which sets a limit of 50 per cent of the wage as the total amount of deductions from a wage, is not implemented in practice, for various reasons, including the possibility for the state tax service to seize funds of an enterprise virtually without limitation. It also notes that for similar reasons, payment of wages at enterprises was subject to delays of two to six months during 1993-94. The Committee notes this information with concern and recalls, in particular, the importance of ensuring the application of these provisions of the Convention for the maintenance of the worker and his or her family. It asks the Government to take all possible measures to overcome these difficulties and to supply information on any progress made.

Article 11. The Committee notes that section 41 of the Bankruptcy Act of 15 January 1994 accords the right to be treated as privileged creditors only to the workers who have not received wages for six months. It points out that under this provision of the Convention such right should be accorded to all the workers employed in the undertaking concerned, although the protection may be limited to wages due for a prescribed period of service, or to a prescribed amount as may be determined by national legislation. The Committee requests the Government to indicate measures taken or envisaged to bring the said provision into conformity with the requirements of this Article.

Article 15(b) and (c). The Committee notes the indication in the Government's report to the effect that no cases relating to late payment of wages have been dealt with in judicial proceedings and that no consideration is given to responsibility of managers for the late payment. It requests the Government to supply information on the persons responsible for compliance with the national legislation concerning protection of wages, and on penalties prescribed for any violation of it.

Points III and V of the report form. The Committee requests the Government to supply information on the working of the inspectorate for ensuring the payment of wages, including for instance extracts of official reports and information on violations reported and penalties imposed.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the detailed information supplied by the Government in its report, including texts of relevant legislation and descriptions of the application of the Convention in practice. The Government refers in particular to difficulties in applying Articles 4 (regulation of wage payment in kind), 7 (works stores and services), 8 (deductions from wages), 10 (attachment and assignment of wages) and 12 (regular payment of wages and the final settlement) of the Convention. The Committee notes this information with concern and hopes that the Government will take all possible measures to overcome these difficulties.

The Committee, however, appreciates the Government's attitude about providing information on the problems it is faced with and suggests that the Government request technical assistance of the Office. It would be grateful if the Government would continue to communicate information on the measures taken or envisaged in this regard as well as on any improvement in the situation. The Committee also asks the Government to provide information on particular points raised in the request which it is addressing directly to the Government.