Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Protection of Wages Convention, 1949 (No. 95) - Nicaragua (Ratification: 1976)

In its previous observation, the Committee noted the report of the Committee set up to examine the representation made by the Latin American Central of Workers (CLAT) under article 24 of the Constitution, alleging non-observance of certain Conventions including Convention No. 95 by Nicaragua. In the above report, the Government is requested to take the necessary measures, in accordance with Articles 12(1) and 15(c) of the Convention, to ensure compliance by all enterprises with the legislative provisions such as the Labour Code relating to the protection of wages, and in particular the regular payment of wages. The Committee consequently requested the Government to supply information on measures taken pursuant to these recommendations so as to follow up the issue.

The Committee notes the Government's report refers only to the national provisions giving legislative effect to the Convention and does not include any information on their application in practice. It however notes the Government's reference to the Act to Create the National Payroll (Decree No. 1160, published in the Official Gazette No. 1 of 3 January 1983) and the Regulations made thereunder, although this information is also limited to the contents of provisions and not about the actual practice. The Committee therefore requests the Government to supply full information on any measures taken or envisaged to ensure the application of the national legislation giving effect to the provisions of the Convention, and in particular Article 12(1) on regular payment of wages mentioned above. It asks the Government to include, for instance, information on the inspections made, cases of violations reported and penalties or other sanctions imposed in accordance with Article 15(c). The Committee also requests the Government to supply a copy of the payroll formats determined by the Ministry of Labour in accordance with section 1 of the above Regulations, and to give a general appreciation of the manner in which the above legislation on the national payroll is applied in practice.

The Committee is also addressing a direct request on certain other points.

REQUESTS The Government is asked to report in detail in 1997. #REPORT_DATE:00:00:1997