Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Protection of Wages Convention, 1949 (No. 95) - Aruba

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the first report of the Government. It hopes that the Government will provide further information on the following points:

Article 4 of the Convention. The Committee notes that section 1613(n) of the Civil Code authorises the payment of wages partly in cash, partly in kind. It notes, however, that section 1614(t) of the Code permits the payment of wages entirely in kind, contrary to Article 4, paragraph 1, of the Convention under which national laws or regulations may authorise the partial payment of wages in the form of allowances in kind. The Committee trusts that, when an occasion arises, measures will be taken to bring the law into conformity. Meanwhile, it asks the Government to provide any information on the aspplication of provisions relating to payment of wages in kind.

Article 8, paragraph 1. The Committee notes that deductions of wages are authorised by section 1614(z) of the Civil Code. Please indicate the extent to which these deductions may be made.

Article 8, paragraph 2. Please indicate the measures taken or contemplated to inform the workers of the conditions under which and the extent to which the deductions of wages may be made, as required by this provision of the Convention.

Article 12, paragraph 1, and Article 13, paragraph 1. The Committee notes that section 1614(l) of the Civil Code ensures regular payment of wages as required by Article 12, paragraph 1, of the Convention. It also notes from the information supplied by the Government of Netherlands Antilles that there are no statutory regulations providing that the wages may be paid on working days only, which is required by Article 13, paragraph 1, of the Convention, but that the general practice is to pay the weekly wages on the last working day of the month. The Committee points out that this practice would be contradictory to the provisions of section 1614(l) of the Civil Code under which the wages fixed per week shall be paid after every week, periods of payment which may only be lengthened subject to the written authorisation of the Governor. It hopes that the Government will supply information on the practice prevailing in Aruba with regard to the payment of wages.

Article 12, paragraph 2. Please indicate the measures taken or contemplated to ensure that a final settlement of wages upon the termination of a contract of employment is effected in the manner stipulated by this provision of the Convention.

Article 14(a). Please indicate the measures taken or contemplated to ensure that the workers are informed of the conditions in respect of wages before they enter employment and when any changes take place.