Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Protection of Wages Convention, 1949 (No. 95) - Benin (Ratification: 1960)

The Committee notes the Government’s report and the adoption of Act No. 98-004 of 27 January 1998 establishing the Labour Code.

Article 8 of the Convention. The Committee notes article 211 of the new Labour Code which provides that, where a worker cannot by his own efforts procure for himself and his family a regular supply of essential foodstuffs, the employer must provide a daily ration of victuals and that the maximum amount of money to be reimbursed in return for such allowance shall be fixed by ministerial decree issued upon the recommendation of the National Labour Council. The Committee requests the Government to specify whether the decree in question has already been issued and if so, to communicate its text.

The Committee also notes that, under article 216 of the Labour Code, authorized deductions from wages include those provided for in individual labour contracts. The Committee points out, however, that according to the terms of the Convention the types and extent of deductions from wages should be prescribed by national laws or regulations or fixed by collective agreement or arbitration award and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted under individual labour contracts so as to ensure legislative conformity with this Article of the Convention. In addition, the Committee asks the Government to indicate whether the decree referred to in article 218 of the Labour Code has already been issued, and if so, to supply a copy of that text.

Article 9. The Committee notes that the Labour Code does not contain any provision specifically prohibiting any deduction from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment made by a worker to an employer, as required under this Article. The Committee trusts that the necessary measures will soon be taken to ensure that the terms of the Convention are fully applied in this respect.

Article 10. The Committee notes that, under article 227 of the Labour Code, the limits within which wages may be attached or assigned will be fixed by decree to be adopted upon the recommendation of the National Labour Council. The Committee hopes that the Government will not fail to adopt the decree in question in the very near future. It requests the Government to keep it informed of any developments in this regard.

Article 14(a). While noting the information supplied by the Government on this point in the report, the Committee would be grateful if the Government could provide additional information on the manner, as may be prescribed by national laws or regulations, in which workers are informed of the wage conditions before they enter employment and when any changes take place. In this connection, the Government might wish to refer to Paragraph 6 of the Protection of Wages Recommendation, 1949 (No. 85), which sets out the details of the wage conditions which should be brought to the knowledge of the workers.