Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes the Government's report and the attached legislative texts.

In its previous comment, the Committee requested the Government to supply detailed information on the measures adopted or envisaged to give effect to the following Articles of the Convention: Article 1 of the Convention defining the term "wages"; Article 4 concerning the partial payment of wages in kind; Article 5 concerning the direct payment of wages to the worker; Article 6 concerning the prohibition placed upon the employer from limiting the freedom of the worker to dispose of his wages; Article 7 concerning the freedom of workers to make use or not to make use of works stores in enterprises without coercion, and fair and reasonable prices for goods sold and services provided; Article 8 concerning deductions from wages; and Article 13 concerning the payment of wages on working days and at the workplace.

The Committee notes the Government's statement that a preliminary draft text which is currently being prepared contains various provisions which supplement or amend those of Ordinance No. 85-1181 of 13 November 1985 respecting labour law guidelines.

With regard to the application of Article 6, the Government states that it is planned to supplement Ordinance No. 85-1181 with provisions concerning the right of married women to enjoy the products of their own work and the savings resulting therefrom. The Committee notes this proposal with interest. However, it recalls that Article 6 refers to the prohibition placed upon employers from limiting the freedom of the worker to dispose of his wages, which is not guaranteed by any provision which is in force on the territory.

With regard to Article 8, the Government refers to the proposal to add provisions to the Ordinance prohibiting fines or other financial sanctions. The Committee notes this proposal with interest. Nevertheless, it emphasizes that Article 8 provides that any deductions from wages, for whatever reason, have to be regulated by national laws or regulations.

The Committee once again requests the Government to indicate the measures which have been adopted or are envisaged to give effect to the above articles of the Convention.