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

Protection of Wages Convention, 1949 (No. 95) - Paraguay (Ratification: 1966)

The Committee notes the Government’s report and its annexes.

Article 2 of the Convention. The Committee recalls its previous direct request in which it noted that no provision in the new Labour Code, Act No. 213/93, as amended by Act No. 496/95, ensures the application of the provisions regarding the protection of wages to rural workers except for those engaged in work of an industrial character under section 162. In its reply, the Government affirms that in practice the Labour Code applies to all workers subject to the exceptions provided for therein, and refers to section 251 of the Labour Code regarding the establishment of different minimum wages for urban and rural areas. Recalling that under Article 2(1) of the Convention, its provisions are applicable to all persons to whom wages are paid or payable, and also that the Government has only excluded domestic workers from the application of the provisions of the Convention in accordance with Article 2(3) of the Convention, the Committee requests the Government to specify the legislative or regulatory provisions which ensure that all agricultural workers enjoy the same coverage with respect to wage protection.

Article 4(1). Further to its previous comment, the Committee notes that the Labour Code contains no provision expressly prohibiting wage payment in the form of liquors of high alcoholic content or of noxious drugs in any circumstances, as set forth under this Article of the Convention. In its reply, the Government refers to sections 231 and 390 of the Labour Code regarding the requirement to pay wages only in legal tender and the employer’s liability for paying wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender. The Committee is bound to observe, in this connection, that the above provisions are strictly irrelevant to the regulation of wage payment in the form of allowances in kind, in particular payment in the form of alcoholic drinks or noxious drugs. It therefore asks the Government to indicate the measures taken or envisaged to ensure that full effect is given to the Convention in this regard.