Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Protection of Wages Convention, 1949 (No. 95) - New Caledonia

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 read as follows:

The Committee notes that the Government’s report does not reply to the questions that it has been raising for a number of years.

However, the Committee notes with interest the new sections 15-1 and 24-1 respecting fines and other financial penalties and deductions from wages incorporated into Ordinance No. 85-1181 of 13 November 1985 by Ordinance No. 96-609 of 5 July 1996 issuing various overseas provisions. It notes in this respect that, apart from the above provisions which give effect to Article 8 of the Convention, the legislation in force is still not in conformity with the requirements of the Convention with regard to the other points on which the Committee has commented on several occasions.

The Committee recalls its previous comments in which it requested the Government to indicate the measures adopted or envisaged to give effect to Articles 1 (definition of wages), 4 (partial payment of wages in kind), 5 (direct payment of wages to the worker), 6 (freedom of workers to dispose of their wages), 7 (works stores), 8 (deductions from wages) and 13 (payment of wages on working days and at the workplace) of the Convention. The Committee therefore once again requests the Government to adopt the necessary measures in laws or regulations to give full effect to Articles 1, 4, 5, 6, 7 and 13 of the Convention. It requests the Government to provide information in its next report on the progress achieved in this respect.