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

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

Article 4 of the Convention. The Committee recalls its previous comments in which it asked the Government to adopt orders under sections 98 and 99 of the Labour Code to give effect to the provisions of the Convention concerning the payment of wages in kind.

Articles 8, 10 and 11(3). The Committee recalls that in its previous comments it requested the Government to adopt an order pursuant to section 113 of the Labour Code to establish the portions of wages to be subject to progressive deductions and the corresponding rates. It also recalls that under section 108 of the Labour Code these portions constitute the fraction which may not be attached (Article 10) and has relative priority as a privileged debt compared with other debts (Article 11(3)). The Committee expressed the hope that measures would be taken in accordance with Article 8(2) to inform workers of the conditions under which and the extent to which deductions may be made from their wages.

Article 9. Further to its previous comments, the Committee asks the Government once again to take the necessary steps to regulate application of the provisions of section 93 of the Labour Code which allow an employer to receive security from a worker in the form of cash or legal paper subject to authorization from the labour inspector.

Article 14(b). The Committee recalls its previous comments on this point and again expresses the hope that the order provided for in section 105 of the Labour Code will be adopted in the very near future.

With regard to comments pending, the Government states in its report that it looks forward to receiving technical assistance from the ILO and hopes in the meantime to submit shortly to the Higher Council for Labour and Employment (CSTE) a number of draft regulations to apply the national legislation and the Convention. The Committee recalls that the Government has repeatedly stated that the orders will be drafted as soon as the CSTE is operational, and trusts that the Government will not delay in taking the necessary steps to give effect to the various provisions of the Convention on which the Committee has been commenting for many years.