Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 95) sur la protection du salaire, 1949 - Afghanistan (Ratification: 1957)

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.