Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Protection of Wages Convention, 1949 (No. 95) - Afghanistan (Ratification: 1957)

Articles 3, 4, 6, 7, 8(2), 9, 10, 11, 13, 14, 15(b) and 15(d). Protection of wages. The Committee notes the adoption of the new Labour Law of 2007, which is essentially the same as the draft text that the Committee has already reviewed and commented upon. The Committee notes, however, that most of its comments previously made with respect to the Labour Code of 1987, or with regard to earlier drafts of the current Labour Law, remain to date unanswered. Therefore, in the absence of specific provisions in the new Labour Law addressing several key principles of the Convention, the Committee again requests the Government to take appropriate legislative, administrative or other measures to ensure full conformity with the following requirements: wages to be paid only in legal tender and prohibition of wage payment in the form of promissory notes or vouchers (Article 3); conditions and limits on the partial payment of wages in kind (Article 4); prohibition of any measures which limit the freedom of workers to dispose of their wages (Article 6); operation of works stores (Article 7); keeping the workers informed about authorized deductions (Article 8(2)); prohibition of wage deduction for the purpose of obtaining or retaining employment (Article 9); conditions and limits for attachment and assignment of wages (Article 10); privileged treatment of wage claims in bankruptcy proceedings (Article 11); place and time of the payment of wages (Article 13); wage statements to be issued at the time of each payment (Article 14); adequate penalties for preventing and punishing violations (Article 15(b)); and maintenance of payroll records (Article 15(d)).