Solicitud directa (CEACR) - Adopción: 1988, Publicación: 75ª reunión CIT (1988)

Convenio sobre la protección del salario, 1949 (núm. 95) - Comoras (Ratificación : 1978)

The Committee has examined with interest the first two reports submitted by the Government since the Convention entered into force for the Comoros. It would be grateful if the Government would supply further information on the following points.

Article 3(2) of the Convention. The Committee would be grateful if the Government would state whether the payment of wages by bank cheque or postal cheque or money order is authorised.

Article 4(2). The Committee notes that, under section 103 of the Labour Code, the full or partial payment of wages in the form of allowances in kind is prohibited, without prejudice to the provisions of Chapter 1 of Book IV concerning wages.

The Committee would be grateful if the Government would state in its next report whether Orders have been issued under sections 98 and 99 of the Labour Code to give effect to the provisions concerning conditions laid down in paragraph 2 of this Article and, if so, provide a copy of them. Please provide also information on national practice in this respect.

Article 8(1) and (2). The Committee observes that, under section 113 of the Labour Code, the portions of wages subject to progressive deductions and the corresponding rates will be established by Orders to be drawn up after consultation with the High Council of Labour and Employment. The Committee would be grateful if the Government would state whether the above Orders have been adopted and, if so, provide a copy of them. The Committee also requests the Government to indicate the arrangements that have been made for informing workers of any measures adopted concerning the conditions under which and the extent to which such deductions may be made.

Article 9. The Committee observes that, under section 93 of the Labour Code, any employer wishing a worker to provide security in the form of cash or legal paper must first obtain authorisation from the labour inspector. Such authorisation must mention the post in question and the amount of the security. The Committee requests the Government to state the measures that have been taken to regulate such authorisations in order to protect workers' wages.

Article 10(1) and (2). The Committee notes that section 108 of the Labour Code provides that the portion of the wage which may not be attached is equal to the difference between the wages and commissions due and the attachable portion of such wages and commissions, as determined by the Orders provided for under section 113 of the Labour Code. The Committee therefore requests the Government to state whether these Orders have been adopted and, if so, to provide a copy of them.

Article 11(1). The Committee requests the Government to state which provisions of the law or regulations establish the conditions in which workers are treated as privileged creditors in respect of the debtor's assets, as regards wages.

Article 11(3). The Committee also requests the Government to state whether national legislation provides for an order of priority respecting privileged debts in terms of wages as opposed to other privileged debts.

Article 14(a). The Committee observes that, with the exception of section 39, the Labour Code contains no provisions establishing that the worker should be informed before entering employment of the wage conditions which will apply to him, or of any changes in such conditions. The Committee would be grateful if the Government would indicate the measures taken to guarantee the application of this provision of the Convention.

Article 14(b). The Committee notes that, under section 105 of the Labour Code, the composition of workers' individual payslips is to be established by Order following consultations with the High Council of Labour and Employment. It requests the Government to state whether such an Order has been adopted and, if so, to provide a copy.

Article 15(d). The Committee requests the Government to supply information on the form and manner in which records are maintained, in accordance with this provision of the Convention.