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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that Territorial Act No. 2011-15 of 4 May 2011 relating to the codification of the labour law repealed Decision No. 91-5 AT of 17 January 1991 on wages. It takes note of sections Lp. 3341-1 and A.3341-1 of the Labour Code of French Polynesia, which deal with the value to be attributed to allowances in kind in the form of food and accommodation. It asks the Government to indicate whether any other provisions regulate the partial payment of wages in kind, specifying, for example, the types of allowances in kind, other than food and accommodation, that are authorized, the part of the total wage that may be paid in this form, the obligation to ensure that allowances in kind are for the personal use and benefit of the worker and his family and that the value attributed to them is fair and reasonable.

Article 6. Freedom of workers to dispose of their wages. Further to its previous comments, the Committee notes that the Labour Code of French Polynesia does not ensure the application of this Article of the Convention and that, in its report, the Government confirms that it has no plan to adopt an explicit legislative provision for the purpose. The Committee nonetheless points out that such a provision is important in that it would protect workers from any form of pressure by their employer to use their wages in some particular way (such as placing part of the wage in the enterprise’s savings account). The Committee hopes that the Government will consider at some later date the possibility of including such a provision in the legislation and asks it to keep the Office informed of any decision in this regard.

Part V of the report form. Application in practice. The Committee notes the information supplied by the Government on the observations made by the labour inspection services regarding the calculation or payment of wages during the period 2006–11. The Committee asks the Government to continue to provide information on the practical effect given to the Convention, including data such as those supplied in its last report.

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 6 of the Convention. Freedom of workers to dispose of their wages. The Committee notes that, in reply to its previous comment, the Government indicates that the freedom of workers to dispose of their wages is guaranteed by a combination of provisions respecting, among other matters, the requirement to pay wages in legal tender, the prohibition of compensation between the amount of wages and any sums which may be owed by the employed person to the employer, the limitation of the value of benefits in kind, etc. However, as the Committee emphasized in its General Survey of 2003 on the protection of wages (paragraph 178), “provisions regulating deductions from wages, the attachment of wages or the use of company stores do not cover all the ways in which workers can be limited in their freedom to dispose of their wages: one example is through exerting pressure on workers to make contributions to certain funds or to spend their wages in specific places”. Article 6 of the Convention is therefore intended to protect workers against any pressure of whatever nature which could be exercised by the employer on the manner in which they may use their wages. In its General Survey (paragraph 210), the Committee therefore concluded that “nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention”. The Committee therefore hopes that the Government will rapidly take the necessary measures to give full effect to this provision of the Convention.

Article 10. Attachment or assignment of wages. The Committee notes the adoption of Resolution No. 2004-4 of 15 January 2004 amending sections 28 and 29 of Resolution No. 91-5 respecting wages, and Order No. 269/CM of 6 February 2004 determining the minimum threshold in relation to the attachment of wages. It notes with interest that, in all cases of orders respecting the attachment or assignment of the annual wages of a worker, including those for the payment of alimony or failure to contribute to household expenditure, an amount of 540,000 CFP francs (or approximately €4,300) must be left at the disposal of the beneficiary of the remuneration. The Committee requests the Government to continue providing updated information on the manner and limits within which wages may be attached or assigned.

Part V of the report form. Practical application. The Committee notes the statistical data provided by the Government relating to the observations issued by the labour inspection services concerning the calculation or payment of wages. The Committee requests the Government to provide information on the measures adopted to bring an end to the violations reported of the legislation on the protection of wages and to continue providing a general appreciation of the application of the Convention in practice.

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

Article 6 of the Convention. Freedom of workers to dispose of their wages. The Committee notes that, in reply to its previous comment, the Government indicates that the freedom of workers to dispose of their wages is guaranteed by a combination of provisions respecting, among other matters, the requirement to pay wages in legal tender, the prohibition of compensation between the amount of wages and any sums which may be owed by the employed person to the employer, the limitation of the value of benefits in kind, etc. However, as the Committee emphasized in its General Survey of 2003 on the protection of wages (paragraph 178), “provisions regulating deductions from wages, the attachment of wages or the use of company stores do not cover all the ways in which workers can be limited in their freedom to dispose of their wages: one example is through exerting pressure on workers to make contributions to certain funds or to spend their wages in specific places”. Article 6 of the Convention is therefore intended to protect workers against any pressure of whatever nature which could be exercised by the employer on the manner in which they may use their wages. In its General Survey (paragraph 210), the Committee therefore concluded that “nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention”. The Committee therefore hopes that the Government will rapidly take the necessary measures to give full effect to this provision of the Convention.

Article 10. Attachment or assignment of wages. The Committee notes the adoption of Resolution No. 2004-4 of 15 January 2004 amending sections 28 and 29 of Resolution No. 91-5 respecting wages, and Order No. 269/CM of 6 February 2004 determining the minimum threshold in relation to the attachment of wages. It notes with interest that, in all cases of orders respecting the attachment or assignment of the annual wages of a worker, including those for the payment of alimony or failure to contribute to household expenditure, an amount of 540,000 CFP francs (or around 4,300 euros) must be left at the disposal of the beneficiary of the remuneration. The Committee requests the Government to continue providing updated information on the manner and limits within which wages may be attached or assigned.

Part V of the report form. The Committee notes the statistical data provided by the Government relating to the observations issued by the labour inspection services concerning the calculation or payment of wages. It requests the Government to provide information on the measures adopted to bring an end to the violations reported of the legislation on the protection of wages and to continue providing a general appreciation of the application of the Convention in practice.

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

Further to its previous direct request, the Committee notes the information supplied by the Government, in particular regarding the application of Articles 4, 5, 8 and 14 of the Convention.

Article 6. Recalling that this Article requires an appropriate legislative provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages, the Committee again asks the Government to indicate the measures taken or contemplated to give full effect to the Convention in this regard.

Part V of the report form. While noting the statistical information concerning the results of labour inspection with regard to observance of wage protection legislation, the Committee requests the Government to continue to supply information on the application of the Convention in practice, including, for example, extracts of official reports, and information on infringements of relevant laws and regulations reported and sanctions imposed.

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

The Committee notes with interest in Act No. 86-845 of 17 July 1986 respecting the general principles of labour law and Decision No. 91-005/AT of 17 January 1991 concerning wages. It requests the Government to provide additional information on the following points.

Article 4 of the Convention. The Committee requests the Government to indicate whether orders have been issued under section 10 of the Decision to determine the value of allowances in kind.

Article 5. In the absence of an appropriate provision, the Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that wages are paid directly to the worker.

Article 6. The Committee notes that the above legislation does not prohibit employers from limiting the freedom of workers to dispose of their wages. It requests the Government to provide information on the manner in which effect is given to this Article.

Article 8. The Committee notes that section 25 of the Decision, which determines cases in which the sums owed to employers for various supplies are defrayed from the amount of wages due to the worker, does not set a limit to such compensation, which would have the same effect as a deduction from wages. It requests the Government to indicate the measures which have been taken or are envisaged to set such a limit.

Article 14. The Committee notes the Government's statement in its report to the effect that when there is a contract of employment in writing, the agreed wage must be stated in the written contract. It requests the Government to indicate how workers are informed of the conditions in respect of wages where the contract of employment is not in writing.