Protection of Wages Convention, 1949 (No. 95) - Afghanistan (Ratification: 1957)

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

The Government has communicated the following information:

Convention No. 95 has been specifically kept in mind in the new draft Labour Code. An endeavour has been made to establish a new system of wages in the country, since the April revolution, towards the realisation of a progressive system of wages. In addition to protecting the wages of workers, special attention has been devoted to the protection of the working environment. Regulations relating to basic wage supplements have also been adopted. The authorities concerned are actively supervising the enforcement of the relevant laws in accordance with the spirit of this Convention.

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

Article 3 of the Convention. Payment in legal tender. With regard to its previous request to the Government to take appropriate legislative, administrative or other measures to ensure full conformity with Article 3, the Committee notes the Government’s indication in its report that the Labour Code revision committee will review the definition of “wages” and define it as an “amount payable in legal tender”. The Committee hopes that the revision of the Labour Code will bring it into conformity with the requirements that wages payable in money be paid only in legal tender, and that payment in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender be prohibited. It requests the Government to provide information in this regard.

Article 4. Partial payment in kind. The Committee observes that the information provided by the Government does not reply to the Committee’s previous request in this regard. It recalls that Article 4 provides that in cases in which partial payment of wages in the form of allowances in kind is authorized, appropriate measures shall be taken to ensure that: (a) such allowances are appropriate for the personal use and benefit of the worker and his or her family; and (b) the value attributed to such allowances is fair and reasonable. The Committee requests the Government to indicate whether payments in kind are customary in certain industries or occupations and, if so, how it ensures that such payments meet the requirements of Article 4 of the Convention.

Article 6. Freedom of workers to dispose of their wages. The Committee previously requested the Government to take appropriate measures to ensure full conformity with Article 6. It notes that the Government’s report is silent on this matter. The Committee therefore once again requests the Government to take the necessary measures, in particular in the context of the current labour law reform, to ensure that employers are prohibited from limiting in any manner the freedom of the worker to dispose of his or her wages, in accordance with Article 6. It requests the Government to provide information in this regard.

Article 7. Works stores. The Committee notes that the Government’s indication that there is no prohibition on workers to use stores selling commodities to them does not answer its previous request on measures to ensure full conformity with Article 7. The Committee therefore once again requests the Government to take the necessary measures to ensure full conformity with the requirements of Article 7, namely that: (i) workers shall be free from any coercion to make use of works stores; and (ii) where access to other stores or services is not possible, the competent authority shall take appropriate measures to ensure that goods are sold and services provided at fair and reasonable prices, or that stores established and services operated by the employer are not operated for the purpose of securing a profit but for the benefit of the workers concerned. It requests the Government to provide information in this regard.

Articles 8 and 10. Deductions from wages. Attachments and assignments of wages. The Committee observes that the Labour Code does not regulate deductions of wages other than compensation for damages (section 74) and disciplinary fines (section 95), and is silent on the issue of assignments and attachments. The Committee requests the Government to provide information on any deductions from wages permitted by national legislation, regulations or collective agreements, other than those specified in sections 74 and 95 of the Labour Code. It also requests the Government to indicate how it ensures that workers are informed, in the manner deemed most appropriate by the competent authority, of the conditions under which and the extent to which deductions of wages may be made, in accordance with Article 8(2). In addition, it once again requests the Government to take the necessary measures to ensure that wages may be attached or assigned only in a manner and within limits prescribed by national laws or regulations, and that wages are protected against attachment or assignment to the extent deemed necessary for the maintenance of workers and their families, in accordance with Article 10, and to provide information in this regard.

Article 9. Prohibition of employment fees to be deducted from wages. The Committee notes that section 151 of the Labour Code allows for the establishment of private employment agencies. It recalls that Article 9 provides that any deduction from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment, made by a worker to an employer or his or her representative or to private employment agencies or any other intermediary, shall be prohibited. The Committee requests the Government to provide information on how effect is given to this provision.

Article 11. Protection of workers’ claims in the event of bankruptcy or judicial liquidation. The Committee notes the Government’s indication that the Labour Code revision committee will consider revising section 71(2) of the Labour Code to ensure conformity with Article 11. The Committee notes however that section 71(2) does not address the requirements under that Article which provides that: (i) in the event of bankruptcy or judicial liquidation of an undertaking, the workers employed therein shall be treated as privileged creditors as regards wages; (ii) wages constituting a privileged debt shall be paid in full before ordinary creditors may establish any claim to a share of the assets; and (iii) the relative priority of wages constituting a privileged debt and other privileged debts shall be determined by national laws or regulations. The Committee hopes that the revision of the Labour Code will bring it into conformity with the requirements of Article 11 and requests the Government to provide information in this regard.

Article 13(1). Place and time of payment in cash. The Committee notes that the information provided by the Government does not reply to the Committee’s previous request in this regard. The Committee therefore once again requests the Government to take the necessary measures, in particular in the context of the current labour law reform, to ensure that the payment of wages in cash be made on working days only and at or near the workplace, except as may be otherwise provided by national laws or regulations, collective agreement or arbitration award, or where other arrangements known to the workers concerned are considered more appropriate. It requests the Government to provide information in this regard.

Article 14(b). Wage statements. The Committee previously requested the Government to take appropriate measures to ensure full conformity with Article 14(b). It notes that the Government’s report is silent on this matter. The Committee therefore once again requests the Government to take the necessary measures, in particular in the context of the current labour law reform, to ensure that workers are informed in an appropriate and easily understandable manner, at the time of each payment of wages, of the particulars of their wages for the pay period concerned, insofar as such particulars may be subject to change, as provided for in that Article. It requests the Government to provide information in this regard.

Article 15(b). Inspection. The Committee notes that section 146(1) of the Labour Code designates the Monitoring and Guidance Authority of the Ministry of Labour, Social Affairs, Martyrs and Persons with Disabilities to provide monitoring and guidance for ensuring respect of labour-related laws, and payments of wages and other allowances for employees. In addition, section 146(2) provides that issues related to labour monitoring and guidance in organizations are regulated by legislation. The Committee requests the Government to provide information on the legislation mentioned in section 146(2) of the Labour Code, and on the activities of the Monitoring and Guidance Authority, particularly concerning the respect of wage-related provisions of the Labour Code.

Article 15(c). Adequate penalties. The Committee previously requested the Government to take appropriate measures to ensure full conformity with Article 15(c). It notes that the Government’s report is silent on this matter. The Committee therefore once again requests the Government to take the necessary measures, in particular in the context of the current labour law reform, to prescribe adequate penalties or other appropriate remedies for any violation of the laws or regulations giving effect to the Convention, and to provide information in this regard.

Article 15(d). Maintenance of payroll records. The Committee previously requested the Government to take appropriate measures to ensure full conformity with Article 15(d). It notes that the Government’s report is silent on this matter. The Committee therefore once again requests the Government to take the necessary measures, in particular in the context of the current labour law reform, to ensure that national laws or regulations provide for the maintenance, in all appropriate cases, of adequate records in an approved form and manner, and to provide information in this regard.

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

Articles 3, 4, 6, 7, 8(2), 9, 10, 11, 13, 14, 15(b) and 15(d). Protection of wages. The Committee notes the adoption of the new Labour Law of 2007, which is essentially the same as the draft text that the Committee has already reviewed and commented upon. The Committee notes, however, that most of its comments previously made with respect to the Labour Code of 1987, or with regard to earlier drafts of the current Labour Law, remain to date unanswered. Therefore, in the absence of specific provisions in the new Labour Law addressing several key principles of the Convention, the Committee again requests the Government to take appropriate legislative, administrative or other measures to ensure full conformity with the following requirements: wages to be paid only in legal tender and prohibition of wage payment in the form of promissory notes or vouchers (Article 3); conditions and limits on the partial payment of wages in kind (Article 4); prohibition of any measures which limit the freedom of workers to dispose of their wages (Article 6); operation of works stores (Article 7); keeping the workers informed about authorized deductions (Article 8(2)); prohibition of wage deduction for the purpose of obtaining or retaining employment (Article 9); conditions and limits for attachment and assignment of wages (Article 10); privileged treatment of wage claims in bankruptcy proceedings (Article 11); place and time of the payment of wages (Article 13); wage statements to be issued at the time of each payment (Article 14); adequate penalties for preventing and punishing violations (Article 15(b)); and maintenance of payroll records (Article 15(d)).

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

The Committee notes the Government’s report. The Committee understands that a new draft Labour Code has been submitted to the National Assembly for examination and approval. It requests the Government to keep it informed of any developments concerning the adoption of the new Labour Code and to provide additional explanations on the following points based on the draft text of the Code.

Articles 3(1), 4, 6, 7, 8(2), 9, 10, 11, 13 and 15(d) of the Convention. The Committee recalls its previous comments in which it noted that the Labour Code of 1987 presently in force failed to give effect to several provisions of the Convention including, for instance, those concerning the payment of wages in legal tender, the partial payment of wages in kind, and the attachment of wages. The Committee also recalls that the Office, in its technical comments on an earlier version of the draft Labour Code communicated in 2006, had indicated that certain principles of the Convention, such as the prohibition of employers to limit in any manner the workers’ freedom to dispose of their wages or the preferential treatment of wage claims in the event of the employer’s bankruptcy, were not satisfactorily reflected in the new draft legislation. The Committee observes that, in its current reading, the draft Labour Code remains silent on a number of issues covered under the following Articles of the Convention: Article 3 (money wages payable only in legal tender, prohibition of payment in the form of promissory notes or vouchers); Article 4 (conditions and limits for the partial payment of wages in kind); Article 6 (freedom of workers to dispose of their wages); Article 7 (operation of works stores); Article 8(2) (keeping the workers informed about authorized deductions); Article 9 (prohibition of wage deduction for the purpose of obtaining or retaining employment); Article 10 (conditions and limits for attachment and assignment of wages); Article 11 (privileged treatment of wage claims in bankruptcy proceedings); Article 13 (place and time of the payment of wages); Article 15(d) (maintenance of wage records). The Committee accordingly requests the Government to specify the legal provisions giving effect to the above-listed requirements of the Convention or to indicate the measures it intends to take to ensure these requirements are fully applied in law and practice.

Article 8(1). Deductions from wages. The Committee notes section 74(2) of the draft Code which provides that no more than 20 per cent of the workers’ monthly wage can be deducted to compensate damages unless otherwise provided for in the law. It also notes that draft section 95 permits wage deduction as a disciplinary measure without specifying any upper limit. The Committee recalls, in this connection, that Article 8, paragraph 1, of the Convention is based on the understanding that deductions from wages should be limited to the extent deemed necessary to safeguard the maintenance of the worker and his/her family. The Committee refers in this connection to paragraph 248 of its General Survey of 2003 on the protection of wages, in which it noted that Article 8, paragraph 1, imposes an obligation to set limits for deductions from wages which in itself reveals an underlying concern that deductions should not become arbitrary or unreasonable [and that] Article 8, paragraph 1, incorporates the idea of applying a limitation to deductions so as to ensure the maintenance of workers and their families, even though this idea is explicitly expressed only in Paragraph 1 of Recommendation No. 85. The Committee therefore requests the Government to explain how it is ensured in law and practice that authorized deductions from wages are not so heavy as to deprive the workers of the basic minimum income needed for the maintenance of themselves and their families.

Article 14(b). Wage statements. The Committee notes that, while draft section 15 requires information on wage levels and employees’ rights and privileges to be included in a labour contract, the new Labour Code does not make any provision for itemized earnings statements, or pay slips, to be issued at the time of each payment of wages. The Committee requests the Government to indicate how it is ensured that workers are informed in an appropriate and easily understandable manner at the time of each payment of wages of the particulars of their wages for the pay period concerned, as required by this provision of the Convention.

Article 15(c).  Sanctions. The Committee notes that, apart from a general reference in draft section 91 to the employers’ obligation to apply labour legislation, the new Labour Code does not prescribe any specific penalties or other remedies for wage-related violations. The Committee therefore asks the Government to provide additional information on any concrete measures aiming at ensuring compliance with the laws and regulations giving effect to the Convention.

Part V of the report form. The Committee would be thankful if the Government could supply general information which would permit an evaluation of the manner in which the Convention is applied in practice, especially any difficulties encountered in the implementation of the Convention as regards the payment in legal tender or the payment of wages at regular intervals and in full.

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

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 has been following the efforts to restore normality in the country after the collapse of the previous regime and the establishment of a transitional administration which is entrusted with the task of pursuing systematic reconstruction of the country and rebuilding national institutions. While noting the enormous challenges and difficulties the new authorities are facing, the Committee hopes that they will be able to assume full responsibility in regard to the Convention and take the necessary action to bring national laws and regulations into full conformity with the standards on wage protection set forth in the Convention. Recalling that the Committee’s last comments were made in response to reports received in November 1995 and June 1994 and that they were based mainly on the provisions of the Labour Code of 1987, the Committee requests the interim Government to specify in detail in its next report the position of national law and practice in regard to the matters dealt with in the Convention and to communicate the text of any relevant laws or regulations which may not have been submitted previously. In particular, the Committee would appreciate receiving additional information on the following points raised in its last direct request.

Article 3(1) of the Convention. Please indicate the measures taken or planned to ensure that the payment of money wages in legal tender only is explicitly stipulated in the national legislation.

Article 10. Please indicate the manner and limits under the national legislation for the attachment or assignment of wages.

Article 11. Please clarify whether in the case of liquidation of an undertaking workers’ wages constitute a privileged debt to be paid in full before the ordinary creditors can claim their share, and if so, please specify the relevant legal provision(s).

Article 12(1). Please indicate how the regular payment of wages is ensured in an employment relationship that is not covered by a collective agreement.

Article 13(1). Please indicate the measures taken or contemplated to ensure that wages are paid on working days only as required under this Article of the Convention.

Article 15(c). Please specify the penalties provided for in labour laws or regulations for offences relating to the payment of wages.

Article 15(d). Please supply a copy of the special forms M.40 and M.41 to which reference was made in an earlier report in relation to the requirement for the maintenance of adequate wage records.

Finally, the Committee would be grateful for all concrete information that could be provided, in accordance with Part V of the report form, on the practical application of the Convention in the current context, especially in the light of the recent replacement of the national currency and the extensive use of foreign currencies as means of payment.

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

The Committee has been following the efforts to restore normality in the country after the collapse of the previous regime and the establishment of a transitional administration which is entrusted with the task of pursuing systematic reconstruction of the country and rebuilding national institutions. While noting the enormous challenges and difficulties the new authorities are facing, the Committee hopes that they will be able to assume full responsibility in regard to the Convention and take the necessary action to bring national laws and regulations into full conformity with the standards on wage protection set forth in the Convention. Recalling that the Committee’s last comments were made in response to reports received in November 1995 and June 1994 and that they were based mainly on the provisions of the Labour Code of 1987, the Committee requests the interim Government to specify in detail in its next report the position of national law and practice in regard to the matters dealt with in the Convention and to communicate the text of any relevant laws or regulations which may not have been submitted previously. In particular, the Committee would appreciate receiving additional information on the following points raised in its last direct request.

Article 3(1) of the Convention. Please indicate the measures taken or planned to ensure that the payment of money wages in legal tender only is explicitly stipulated in the national legislation.

Article 10. Please indicate the manner and limits under the national legislation for the attachment or assignment of wages.

Article 11. Please clarify whether in the case of liquidation of an undertaking workers’ wages constitute a privileged debt to be paid in full before the ordinary creditors can claim their share, and if so, please specify the relevant legal provision(s).

Article 12(1). Please indicate how the regular payment of wages is ensured in an employment relationship that is not covered by a collective agreement.

Article 13(1). Please indicate the measures taken or contemplated to ensure that wages are paid on working days only as required under this Article of the Convention.

Article 15(c). Please specify the penalties provided for in labour laws or regulations for offences relating to the payment of wages.

Article 15(d). Please supply a copy of the special forms M.40 and M.41 to which reference was made in an earlier report in relation to the requirement for the maintenance of adequate wage records.

Finally, the Committee would be grateful for all concrete information that could be provided, in accordance with Part V of the report form, on the practical application of the Convention in the current context, especially in the light of the recent replacement of the national currency and the extensive use of foreign currencies as means of payment.

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:

With reference to its previous direct request, the Committee notes the information provided by the Government in its report, in particular, concerning the application of Articles 3(2), 4, 6, 7, 8, 12(2), 13(2), 14(b) and 15(a) of the Convention. It requests the Government to supply further information on the following points.

Article 3(1) of the Convention.  The Committee notes the Government’s indication to the effect that the payment of wages in legal tender has not been stipulated in the national legislation and that necessary measures will be taken. It requests the Government to provide information on any progress made in this respect.

Article 10.  The Committee notes that the Government refers to the provisions of the Labour Code concerning deduction from wages in the case of absenteeism, and of the Civil Code concerning the limitation on the wage claims. It again requests the Government to indicate the manner and limits under the national legislation for the attachment or assignment of wages.

Article 11.  The Committee notes the Government’s indication that in the case of liquidation of an undertaking, the rights of the employee embodied in the legislative documents are preserved. It requests the Government to state whether such rights concern wages either due to the employee during a prescribed period before the liquidation or up to a prescribed amount, and if so, whether such wages constitute a privileged debt to be paid in full before ordinary creditors claim their share.

Article 12(1).  Noting the Government’s reference to section 83 of the Labour Code, the Committee requests the Government to indicate how the regular payment of wages is ensured in an employment relation that is not covered by a collective agreement.

Article 13(1).  The Committee notes the Government’s statement that action will be taken soon to stipulate in legislation that the payment of wages should be made on working days only. It asks the Government to provide information on the progress made in this regard.

Article 15(c).  The Committee notes the Government’s reference to section 174 of the Labour Code defining the responsible person in the cases of non-observance of legislative provisions. It requests the Government to supply information on the penalties that may be imposed on such persons held responsible.

Article 15(d).  The Government refers to the legislative documents concerning the record of wage payment, namely the special M.40 and M.41 forms. The Committee requests the Government to supply a copy of these forms with the next report.

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

With reference to its previous direct request, the Committee notes the information provided by the Government in its report, in particular, concerning the application of Articles 3(2), 4, 6, 7, 8, 12(2), 13(2), 14(b) and 15(a) of the Convention. It requests the Government to supply further information on the following points.

Article 3(1) of the Convention. The Committee notes the Government's indication to the effect that the payment of wages in legal tender has not been stipulated in the national legislation and that necessary measures will be taken. It requests the Government to provide information on any progress made in this respect.

Article 10. The Committee notes that the Government refers to the provisions of the Labour Code concerning deduction from wages in the case of absenteeism, and of the Civil Code concerning the limitation on the wage claims. It again requests the Government to indicate the manner and limits under the national legislation for the attachment or assignment of wages.

Article 11. The Committee notes the Government's indication that in the case of liquidation of an undertaking, the rights of the employee embodied in the legislative documents are preserved. It requests the Government to state whether such rights concern wages either due to the employee during a prescribed period before the liquidation or up to a prescribed amount, and if so, whether such wages constitute a privileged debt to be paid in full before ordinary creditors claim their share.

Article 12(1). Noting the Government's reference to section 83 of the Labour Code, the Committee requests the Government to indicate how the regular payment of wages is ensured in an employment relation that is not covered by a collective agreement.

Article 13(1). The Committee notes the Government's statement that action will be taken soon to stipulate in legislation that the payment of wages should be made on working days only. It asks the Government to provide information on the progress made in this regard.

Article 15(c). The Committee notes the Government's reference to section 174 of the Labour Code defining the responsible person in the cases of non-observance of legislative provisions. It requests the Government to supply information on the penalties that may be imposed on such persons held responsible.

Article 15(d). The Government refers to the legislative documents concerning the record of wage payment, namely the special M.40 and M.41 forms. The Committee requests the Government to supply a copy of these forms with the next report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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 following matters raised in its previous direct request:

Article 3, paragraph 1, of the Convention. Please indicate the measures taken to ensure payment of wages in legal tender and to prohibit payment in the form of promissory notes, vouchers or coupons, or any other form alleged to represent legal tender.

Article 3, paragraph 2. Please indicate whether advantage has been taken of this provision (payment of wages by bank cheque or postal cheque or money order). If so, please indicate in what cases and in what manner such payment is authorized.

Article 4. The Committee notes that under section 76(1) of the Labour Code, the amount and conditions of payment of wages are to be determined separately for different categories of employees. Please indicate whether the partial payment of wages in kind is authorized for any of the categories, and, if so, what measures have been taken to ensure that payment is not made in the form of liquor or noxious drugs.

Article 6. Please indicate the measures taken to ensure that employers are prohibited from limiting in any manner the freedom of the worker to dispose of his wages.

Article 7. Please indicate whether works stores or services exist and, if so, what measures have been taken to ensure that workers are free from coercion to use them and that the goods are sold and services provided at fair prices and that the system is not operated for profit but for the benefit of the workers concerned.

Article 8. The Committee has noted that section 85 of the Labour Code provides that deductions cannot be more than 20 per cent of the worker's monthly wage to compensate for damages, except when it is otherwise provided for in the Code, and, under section 110, the kinds and degree of financial responsibility for the damage sustained by the administration of the enterprise, the method of measuring and assessing the damage sustained and the arrangements of compensation therefor will be determined by legislative texts. The Committee hopes that the Government will supply information on the determination made in the texts adopted under section 110, in particular, on the arrangements of payment of the compensation for the damage.

Article 10. Please indicate what arrangements exist for the attachment or assignment of wages.

Article 11. Please indicate what provisions are made in the law to protect wages in the event of the bankruptcy or judicial liquidation of an undertaking.

Article 12, paragraph 1. Please indicate the intervals prescribed for the payment of wages.

Article 12, paragraph 2. Please indicate what arrangements have been made for the final settlement of wages upon the termination of contract of employment.

Article 13, paragraph 1. Please indicate the measures taken to ensure that wages are paid on working days only.

Article 13, paragraph 2. Please indicate the measures taken to prohibit the payment of wages in taverns, shops or stores for the retail sale and places of amusement.

Article 14(b). Please indicate the measures taken to ensure that workers are informed of the particulars of their wages at the time of each payment, where such particulars may be subject to change.

Article 15. Please indicate the manner in which the Labour Code and other regulations which give effect to the Convention are made available for the persons concerned ((a) of this Article), and provide information on penalties for violation ((c)) and maintenance of records ((d)).

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

The Committee notes that the Government supplied certain information in June 1992, and that it simply provided general information and referred to the provisions of the Labour Code which the Committee has already noted. The Committee hopes that the Government will be able to supply information in reply to the questions raised in the previous request on the following points:

Article 3, paragraph 1 of the Convention. Please indicate the measures taken to ensure payment of wages in legal tender and to prohibit payment in the form of promissory notes, vouchers or coupons, or any other form alleged to represent legal tender.

Article 3, paragraph 2. Please indicate whether advantage has been taken of this provision (payment of wages by bank cheque or postal cheque or money order). If so, please indicate in what cases and in what manner such payment is authorized.

Article 4. The Committee notes that under section 76(1) of the Labour Code, the amount and conditions of payment of wages are to be determined separately for different categories of employees. Please indicate whether the partial payment of wages in kind is authorized for any of the categories, and, if so, what measures have been taken to ensure that payment is not made in the form of liquor or noxious drugs.

Article 6. Please indicate the measures taken to ensure that employers are prohibited from limiting in any manner the freedom of the worker to dispose of his wages.

Article 7. Please indicate whether works stores or services exist and, if so, what measures have been taken to ensure that workers are free from coercion to use them and that the goods are sold and services provided at fair prices and that the system is not operated for profit but for the benefit of the workers concerned.

Article 8. The Committee has noted that section 85 of the Labour Code provides that deductions cannot be more than 20 per cent of the worker's monthly wage to compensate for damages, except when it is otherwise provided for in the Code, and, under section 110, the kinds and degree of financial responsibility for the damage sustained by the administration of the enterprise, the method of measuring and assessing the damage sustained and the arrangements of compensation therefor will be determined by legislative texts. The Committee hopes that the Government will supply information on the determination made in the texts adopted under section 110, in particular, on the arrangements of payment of the compensation for the damage.

Article 10. Please indicate what arrangements exist for the attachment or assignment of wages.

Article 11. Please indicate what provisions are made in the law to protect wages in the event of the bankruptcy or judicial liquidation of an undertaking.

Article 12, paragraph 1. Please indicate the intervals prescribed for the payment of wages.

Article 12, paragraph 2. Please indicate what arrangements have been made for the final settlement of wages upon the termination of contract of employment.

Article 13, paragraph 1. Please indicate the measures taken to ensure that wages are paid on working days only.

Article 13, paragraph 2. Please indicate the measures taken to prohibit the payment of wages in taverns, shops or stores for the retail sale and places of amusement.

Article 14(b). Please indicate the measures taken to ensure that workers are informed of the particulars of their wages at the time of each payment, where such particulars may be subject to change.

Article 15. Please indicate the manner in which the Labour Code and other regulations which give effect to the Convention are made available for the persons concerned ((a) of this Article), and provide information on penalties for violation ((c)) and maintenance of records ((d)).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its previous comments, the Committee notes the Government's reports. It notes that the reports simply provide general information and refer to the provisions of the Labour Code which the Committee has already noted. The Committee hopes that the Government will be able to supply information in reply to the questions raised in the previous request on the following points:

Article 3, paragraph 1 of the Convention. Please indicate the measures taken to ensure payment of wages in legal tender and to prohibit payment in the form of promissory notes, vouchers or coupons, or any other form alleged to represent legal tender.

Article 3, paragraph 2. Please indicate whether advantage has been taken of this provision (payment of wages by bank cheque or postal cheque or money order). If so, please indicate in what cases and in what manner such payment is authorised.

Article 4. The Committee notes that under section 76(1) of the Labour Code, the amount and conditions of payment of wages are to be determined separately for different categories of employees. Please indicate whether the partial payment of wages in kind is authorised for any of the categories, and, if so, what measures have been taken to ensure that payment is not made in the form of liquor or noxious drugs.

Article 6. Please indicate the measures taken to ensure that employers are prohibited from limiting in any manner the freedom of the worker to dispose of his wages.

Article 7. Please indicate whether works stores or services exist and, if so, what measures have been taken to ensure that workers are free from coercion to use them and that the goods are sold and services provided at fair prices and that the system is not operated for profit but for the benefit of the workers concerned.

Article 8. The Committee has noted that section 85 of the Labour Code provides that deductions cannot be more than 20 per cent of the worker's monthly wage to compensate for damages, except when it is otherwise provided for in the Code, and, under section 110, the kinds and degree of financial responsibility for the damage sustained by the administration of the enterprise, the method of measuring and assessing the damage sustained and the arrangements of compensation therefor will be determined by legislative texts. The Committee hopes that the Government will supply information on the determination made in the texts adopted under section 110, in particular, on the arrangements of payment of the compensation for the damage.

Article 10. Please indicate what arrangements exist for the attachment or assignment of wages.

Article 11. Please indicate what provisions are made in the law to protect wages in the event of the bankruptcy or judicial liquidation of an undertaking.

Article 12, paragraph 1. Please indicate the intervals prescribed for the payment of wages.

Article 12, paragraph 2. Please indicate what arrangements have been made for the final settlement of wages upon the termination of contract of employment.

Article 13, paragraph 1. Please indicate the measures taken to ensure that wages are paid on working days only.

Article 13, paragraph 2. Please indicate the measures taken to prohibit the payment of wages in taverns, shops or stores for the retail sale and places of amusement.

Article 14(b). Please indicate the measures taken to ensure that workers are informed of the particulars of their wages at the time of each payment, where such particulars may be subject to change.

Article 15. Please indicate the manner in which the Labour Code and other regulations which give effect to the Convention are made available for the persons concerned ((a) of this Article), and provide information on penalties for violation ((c)) and maintenance of records ((d)).

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

With reference to its previous comments, the Committee notes the Government's reports. It notes that the most recent reports repeat the statement made in 1988 that regulations have been drafted for the better regulation of wage systems. Nevertheless, having examined the new Labour Code and the regulations adopted, the Committee had addressed a direct request to the Government asking it to supply further information on the different points. The Committee notes that the Government's reply contains no answer to those questions. It hopes that the Government will be able to supply this information in its next report on the questions raised in the previous request, which read as follows:

Article 3, paragraph 1 of the Convention. Please indicate the measures taken to ensure payment of wages in legal tender and to prohibit payment in the form of promissory notes, vouchers or coupons, or any other form alleged to represent legal tender.

Article 3, paragraph 2. Please indicate whether advantage has been taken of this provision (payment of wages by bank cheque or postal cheque or money order). If so, please indicate in what cases and in what manner such payment is authorised.

Article 4. The Committee notes that under section 76(1) of the Labour Code, the conditions of payment of wages are determined separately for all categories of employees provided for in this section. Please indicate whether the partial payment of wages in kind is authorised, and, if so, what measures have been taken to ensure that payment is not made in the form of liquor or noxious drugs.

Article 6. Please indicate the measures taken to ensure that employers are prohibited from limiting in any manner the freedom of the worker to dispose of his wages.

Article 7. Please indicate whether works stores or services exist and, if so, what measures have been taken to ensure that workers are free from coercion to use them and that the goods are sold and services provided at fair prices and that the system is not operated for profit but for the benefit of the workers concerned.

Article 8. The Committee notes the provision of section 84 of the Labour Code that deduction of wages is not allowed except on the basis of law. On the other hand, section 85 provides that deductions cannot be more than 20 per cent from the worker's monthly wage, except when it is otherwise provided for in the Code, and, under section 110, the kinds and degree of financial responsibility from the damage sustained by the administration of the enterprise, the method of measuring and assessing the damage sustained and the arrangements of compensation thereof will be determined by legislative texts. The Committee hopes that the Government will supply information on the determination made in the texts adopted under these provisions, in particular, on the arrangement of payment of the compensation under section 110 of the Labour Code.

Article 10. Please indicate what arrangements exist for the attachment or assignment of wages.

Article 11. Please indicate what provisions are made in the law to protect wages in the event of the bankruptcy or judicial liquidation of an undertaking.

Article 12, paragraph 1. Please indicate the intervals prescribed for the payment of wages.

Article 12, paragraph 2. Please indicate what arrangements have been made for the final settlement of wages upon the termination of contract of employment.

Article 13, paragraph 1. Please indicate the measures taken to ensure that wages are paid on working days only.

Article 13, paragraph 2. Please indicate the measures taken to prohibit the payment of wages in taverns, shops or stores for the retail sale and places of amusement.

Article 14(b). Please indicate the measures taken to ensure that workers are informed of the particulars of their wages at the time of each payment, where such particulars may be subject to change.

Article 15. Please indicate the manner in which the Labour Code and other regulations which give effect to the Convention are made available for the persons concerned ((a) of this Article), and provide information on penalties for violation ((c)) and maintenance of records ((d)).

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

With reference to the earlier comments, the Committee notes the adoption of the Labour Code and other relevant regulations. It hopes that the Government will supply in its next report further information on the following points.

Article 3, paragraph 1 of the Convention. Please indicate the measures taken to ensure payment of wages in legal tender and to prohibit payment in the form of promissory notes, vouchers or coupons, or any other form alleged to represent legal tender.

Article 3, paragraph 2. Please indicate whether advantage has been taken of this provision (payment of wages by bank cheque or postal cheque or money order). If so, please indicate in what cases and in what manner such payment is authorised.

Article 4. The Committee notes that under section 76(1) of the Labour Code, the conditions of payment of wages are determined separately for all categories of employees provided for in this section. Please indicate whether the partial payment of wages in kind is authorised, and, if so, what measures have been taken to ensure that payment is not made in the form of liquor or noxious drugs.

Article 6. Please indicate the measures taken to ensure that employers are prohibited from limiting in any manner the freedom of the worker to dispose of his wages.

Article 7. Please indicate whether works stores or services exist and, if so, what measures have been taken to ensure that workers are free from coercion to use them and that the goods are sold and services provided at fair prices and that the system is not operated for profit but for the benefit of the workers concerned.

Article 8. The Committee notes the provision of section 84 of the Labour Code that deduction of wages is not allowed except on the basis of law. On the other hand, section 85 provides that deductions cannot be more than 20 per cent from the worker's monthly wage, except when it is otherwise provided for in the Code, and, under section 110, the kinds and degree of financial responsibility from the damage sustained by the administration of the enterprise, the method of measuring and assessing the damage sustained and the arrangements of compensation thereof will be determined by legislative texts. The Committee hopes that the Government will supply information on the determination made in the texts adopted under these provisions, in particular, on the arrangement of payment of the compensation under section 110 of the Labour Code.

Article 10. Please indicate what arrangements exist for the attachment or assignment of wages.

Article 11. Please indicate what provisions are made in the law to protect wages in the event of the bankruptcy or judicial liquidation of an undertaking.

Article 12, paragraph 1. Please indicate the intervals prescribed for the payment of wages.

Article 12, paragraph 2. Please indicate what arrangements have been made for the final settlement of wages upon the termination of contract of employment.

Article 13, paragraph 1. Please indicate the measures taken to ensure that wages are paid on working days only.

Article 13, paragraph 2. Please indicate the measures taken to prohibit the payment of wages in taverns, shops or stores for the retail sale and places of amusement.

Article 14(b). Please indicate the measures taken to ensure that workers are informed of the particulars of their wages at the time of each payment, where such particulars may be subject to change.

Article 15. Please indicate the manner in which the Labour Code and other regulations which give effect to the Convention are made available for the persons concerned ((a) of this Article), and provide information on penalties for violation ((c)) and maintenance of records ((d)).

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

Referring to comments made for a number of years, the Committee notes with interest the adoption of the Labour Code. It is addressing a request directly to the Government in this connection.