Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

The Committee notes with regret 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 following matters raised in its previous direct request:

The Committee would be grateful if the Government would provide a copy of the provisions of the Civil Code giving effect to the Convention as amended to date as well as further information on the following points:

Article 4 of the Convention. The Committee noted the Government's indication that, under the Minimum Wage Act, the amount of any payment in kind shall be established by a ministerial decree. Please communicate copy of such ministerial decree.

Article 8(1). Please supply further information on the conditions under which deductions from wages may be made by virtue of section 1614(r), items a to h, as well as on the repayment of the deducted sum under section 1614(s).

Article 10. The Committee noted the Government's indication that the worker's wage may be seized completely if it is to cover upkeep. Recalling that Article 10 of the Convention permits the attachment of wages only within prescribed limits with a view to the maintenance of the worker and his family, it requests the Government to supply information on measures taken to give effect to this provision of the Convention.

Articles 12(2), 13(1) and 14. The Committee noted the Government's intention to take measures to ensure a final settlement of wages upon the termination of an employment contract in the manner stipulated in Article 12(2); to provide that the wages may be paid on working days only (Article 13(1)) and to ensure that the workers are informed of the conditions in respect of wages before they enter employment and when any changes take place (Article 14(a)). Please continue supplying in future reports information on any progress made in this connection.