Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

1. The Committee has noted the Government's report, as well as the Labour Code (Act No. 185, Official Gazette, 30 October 1996). The Government has also supplied further information concerning the application of an Act to Create the National Payroll, including regulations made thereunder and a sample format. The Committee requests the Government to refer to the direct request it is making on certain points regarding the new Labour Code.

2. The Committee recalls that it had earlier 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. The above-mentioned Committee, had in its report, requested the Government 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 requests the Government to supply information on measures taken pursuant to these recommendations so as to follow up the issue.

As regards the application of the Convention in practice, the Government has submitted an example of a case of labour inspection which revealed infringements of labour laws. The Government's report further states that through 422 labour inspection visits made, 178 infringements in the field of wages were revealed, which represent 13 per cent of total infringements, affecting 7,458 workers. The Committee takes due note of the information provided, but notes that no specific information has been supplied on measures to ensure the regular payment of wages in practice. The Committee therefore requests the Government to continue to supply information on any measures taken or envisaged to ensure the application of the national legislation giving effect to the provisions of the Convention, with special reference to Article 12(1) on regular payment of wages mentioned above, including information on the inspections made, and cases of violations reported and penalties or other sanctions imposed in accordance with Article 15(c) with regard to the regular payment of wages.