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

Protection of Wages Convention, 1949 (No. 95) - Guinea (Ratification: 1959)

The Committee notes 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 matters raised in its previous direct request, which reads as follows:

Article 6 of the Convention.  Further to its previous direct request the Committee notes the information supplied by the Government. It recalls however that the law contains no provision prohibiting employers from limiting the freedom of workers to dispose of their wages. The Committee hopes that the Government will be able to take the necessary measures in due course to bring the legislation into full conformity with the Convention on this point, and asks it to mention in its future reports any problems concerning the application of this Article.

Articles 8 and 9.  The Committee notes the information supplied by the Government to the effect that, with regard to section 231 of the Labour Code, the statutory provisions referred to are the same as measures taken within the framework of a collective agreement or a contract. It notes that there is no effective ban on deductions from wages agreed upon by employers and workers with a view to ensuring, for example, payment for the purpose of obtaining or retaining employment, which is inconsistent with Article 9. The Committee asks the Government to indicate the measures taken or envisaged to give effect to these Articles of the Convention.

Article 10.  The Committee notes the reference to the Civil Code concerning the part of the wage that may be attached. It asks the Government to indicate the provisions of the Civil Code in question and to provide their copy.