Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Convention (n° 95) sur la protection du salaire, 1949 - Iraq (Ratification: 1960)

The Committee takes note of the information provided by the Government at the Conference Committee in 1989 and in its report, in reply to the previous observations and direct requests concerning the procedures for the payment of Filipino workers engaged by the Government of Iraq.

Having been informed that discussions had begun on this subject and that a proposal had been submitted to the Government of the Philippines that these workers receive 40 per cent of their wages in Iraqi dinars, with the balance to be paid in dollar-denominated promissory notes payable in two years, in the above-mentioned comments the Committee pointed out to the governments concerned (both being parties to the Convention) that the proposal, if accepted, would be contrary to Article 3, paragraph 1, of the Convention, which prohibits the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender.

The Committee therefore expressed the hope that the agreement to be reached between the two countries concerned following the discussions, would take account of the above-mentioned provision of the Convention and asked the Government, meanwhile, to provide detailed information on the existing arrangements for the effective payment of the Filipino workers in question.

In its statements to the Conference Committee and in its report, the Government of Iraq indicates that no agreement on this subject exists between the countries in question and that Filipino workers employed in Iraq receive the same treatment as Iraqi workers with regard to the payment of their wages, in accordance with the provisions of the Labour Code and the legislation in force. It adds that all foreign workers have the right to remit a part of their wages to their families.

The Committee takes due note of these statements. However, having noted from the statements made by the representative of the Government of the Philippines at the same session of the Conference Committee (in 1989), that the two governments have initiated negotiations with a view to reviewing the existing arrangements and signing a new agreement on the general conditions of employment of the Filipino workers, including the payment of their wages and the possibility of remitting part or all of their wages to their country of origin, it requests the Government to provide information on the results of these negotiations and to indicate (a) how and under what provisions or bilateral agreements the wages of foreign workers from countries other than the Philippines are paid, and (b) the procedures for the remittance of a part or all of these wages to the country of origin of the persons concerned.