Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Protection of Wages Convention, 1949 (No. 95) - Comoros (Ratification: 1978)

Article 4, paragraph 1, of the Convention.  The Committee notes the Government’s reply to its previous comments concerning the payment of wages in kind. The Government indicates that wages are paid partly in kind only in the context of projects funded by international bodies and that, these projects having been completed some time ago, no institution in the country now resorts to this practice.

The Committee recalls the Government’s statement that, with the establishment of the Higher Labour Council, it would be possible to draft the orders provided for in sections 98 and 99 of the Labour Code in such a way as to give effect to the provisions of the Convention. The Committee notes the Government’s reply and regrets that no progress has been made in this area. It again asks the Government to make every effort to establish the abovementioned body and to indicate all progress made to that end.

Articles 8, 10 and 11(3).  The Committee recalls that, in its previous comments, it hoped that an order would be adopted under section 113 of the Labour Code to establish the portions of wages subject to progressive deductions and the corresponding rates. It also recalls its request to take steps to inform workers of the conditions under which and the extent to which deductions may be made from their wages. The Committee notes that in its reply the Government indicates that, since no progress has been made in making the Higher Labour Council operational, and in view of the country’s financial position, no measures have been taken to give effect to these provisions of the Convention.

While noting the economic problems referred to by the Government, the Committee recalls that every State which ratifies an international labour Convention must take its provisions into account and adopt measures to bring its legislation into conformity with them. The Committee asks the Government to inform it of the measures taken to bring its legislation into line with this Convention.

The Committee nonetheless notes the Government’s request for technical assistance in the overall revision of labour laws and regulations to ensure conformity with the provisions of ratified Conventions and the comments of the supervisory bodies. The Committee encourages the Government to make an official application to the ILO and asks the Office to consider granting such assistance as soon as it receives the official request.

[The Government is asked to report in detail in 2001.]