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

Convention (n° 95) sur la protection du salaire, 1949 - Aruba

The Committee notes the Government’s report and wishes to draw attention to the following points.

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes the Government’s indication that the meal allowance for hotels, restaurants and related businesses remains unchanged at 1.50 Aruban florin (AWG) (approximately US$0.8) per day, as fixed by State Decree (AB 1991 No. GT 20). It also notes the Government’s statement that there is no defined schedule at present for the revision of the system of allowances in kind. The Committee hopes that the Government will, on the first suitable opportunity, consider the possibility of amending section 1614T of the Civil Code which permits the payment of wages exclusively in board, lodging or other necessities of life.

Article 8. Deductions from wages. The Committee notes the Government’s indication that the national legislation does not permit deductions in the form of caution money. However, the Committee understands that, as it currently reads, section 1614S of the Civil Code allows for the deduction of an amount not exceeding 10 per cent of the wages, based on a mutual agreement, to be used in case of any claims for damages that the employer might have at the end of the employment relationship. The Committee would appreciate receiving additional explanations in this regard, in particular how this provision might be considered to comply with: (i) this Article of the Convention which excludes deductions by virtue of individual agreement or merely with the consent of the worker unless such deductions are expressly provided for in national laws or regulations or fixed by collective agreement; and also (ii) the guarantees of fairness and due process reflected in Paragraph 2 of Recommendation No. 85 with respect to deductions for loss or damage.

In addition, the Committee notes the Government’s indication that there is currently no legal obligation for employers to inform their workers specifically about deductions from their wages. It recalls, in this connection, that the Convention already prescribes that workers should be kept informed of the conditions under which, and the extent to which, deductions may be made, while Paragraph 7 of Recommendation No. 85 suggests that pay slips should include, among other wage particulars, any deductions which may have been made including the reasons and the amount of such deductions. It also wishes to draw attention to paragraph 260 of the General Survey of 2003 on the protection of wages in which the Committee pointed out that the intention of the Convention was to ensure that workers had full and, if possible, advance knowledge of the nature and extent of all possible deductions to which their wages might be subjected. The Committee therefore requests the Government to consider the necessary measures to ensure that the national legislation is brought into full conformity with the Convention in this regard.

Article 10(2). Overall limit on attachment of wages. The Committee notes the information provided by the Government that a proposal on the amendments of the national legislation concerning setting an overall limit on attachment of wages has been submitted to the committee for the modernization of the labour legislation (CMLL). The Committee would be grateful if the Government would keep it informed of any progress made in this respect.

Articles 12(2), 13(1) and 14. Mode of payment of wages. While noting the Government’s reference to section 1614s of the Civil Code, the Committee considers that the section in question merely provides for the reimbursement of caution or security money – and not for the final settlement of any outstanding wage payment – at the end of the employment relationship. The Committee therefore requests the Government to provide additional explanations as to how effect is given in law and practice to the requirements of the Convention concerning the final settlement of wages upon the termination of the employment contract (Article 12(2)); the payment of wages only on working days (Article 13(1)); and the notification of pay conditions to workers before they enter employment (Article 14).

Article 16 and Part V of the report form. The Committee would appreciate if the Government would continue to provide up to date information on the practical application of the Convention.