Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

Convenio sobre la protección del salario, 1949 (núm. 95) - Irán (República Islámica del) (Ratificación : 1972)

The Committee notes with interest the adoption of the Labour Code dated 20 November 1990, which includes some provisions responding to the comments previously made by the Committee, namely regarding Articles 4, paragraph 2(b), and 12, paragraph 2, of the Convention. The Committee would be grateful to the Government for supplying further information on the following points.

Article 2. The Committee requests the Government: (1) to provide a copy of regulations made under section 190 of the Code applicable to certain categories of workers, including domestic servants; (2) to indicate whether any workers in the agricultural sector have been exempted from parts of the Code in virtue of section 189; and (3) to supply information on the temporary exclusion from the Code of small-scale enterprises under section 191.

Article 3. The Committee notes with interest that section 37 of the Code provides for the payment of wages in the currency of the country or, by mutual consent, by bank cheque. The Government, however, indicates in its report concerning Article 6 of the Convention that all workers are monthly entitled to 7,000 rial worth of essential commodity coupons, which are usable at the workers' consumers cooperatives. The Committee requests the Government to indicate whether the payment in such coupons is considered to be a part of the worker's wages.

Article 5. The Committee notes that the Code contains no provision on the direct payment of wages to the worker concerned, and requests the Government to indicate measures taken or envisaged to give effect to this Article.

Article 6. The Committee notes that the Code contains no provision prohibiting the employer from limiting the freedom of the worker to dispose of his wages, and requests the Government to indicate measures taken or envisaged to give effect to this Article.

Article 7. The Committee would be grateful to the Government for providing a copy of the by-law concerning workers' cooperative societies made under the Note to section 153 of the Code.

Articles 8 and 9. The Committee notes that section 45 of the Code enumerates the cases in which a worker's wage may be withheld. Noting that the extent to which the wage may be withheld is not prescribed in the Code, it requests the Government to indicate measures taken or envisaged to give full effect to Article 8(1). It also notes the Government's statement that to make direct or indirect payment to anybody for the purpose of obtaining or retaining employment is illegal and subject to penal prosecution, and requests for a copy of the legislative provision concerned.

Article 10. The Committee notes that section 44 of the Code regulates attachment of wages with regard to money owed by the worker to the employer. It requests the Government to indicate measures taken or envisaged to regulate attachment of wages with regard to money owed by the worker to a third person, and assignment of wages.

Article 11. The Committee notes that the Code contains no provision on the protection of workers' claims as regards wages in the event of the bankruptcy or judicial liquidation of an undertaking, and requests the Government to indicate measures taken or envisaged to give effect to this Article.

Article 13. The Committee notes that the Code contains no provision on the place of wage payment and requests the Government to indicate measures taken or envisaged to give effect to the Convention in this respect.

Article 14(b). The Committee requests the Government to indicate measures taken to ensure that workers are informed of the particulars of their wages at the time of each payment of wages.

Article 15(c). The Committee notes that Chapter XI of the Code prescribes penalties for offences. It notes, however, that as regards payment of wages, penalties are prescribed only for offences under section 45 (deductions from wages) and the Note to section 41 (minimum wage). Recalling that this provision of the Convention calls for adequate penalties or other appropriate remedies for any violation of the laws or regulations giving effect to the Convention, the Committee requests the Government to indicate measures taken or envisaged to this end.

Article 15(d). The Committee requests the Government to indicate measures taken or envisaged to provide for the maintenance of adequate records.