Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee has been raising questions for a number of years concerning Ordinance No. 85-1181 of 13 November 1985 respecting labour law guidelines which gives only partial effect to the provisions of the Convention. The Committee notes that, according to the Government’s report, no progress has been made with regard to enacting supplementary legislation to ensure compliance with the requirements of Article 1 (definition of wages), Article 4 (partial payment of wages in kind), Article 5 (payment of wages directly to the worker), Article 6 (freedom of workers to dispose of their wages), Article 7 (works stores) and Article 13 (payment of wages on working days and at the workplace) of the Convention. The Committee expresses the firm hope that appropriate measures will be taken without further delay to give specific legislative expression to the standards set out in the above Articles of the Convention and asks the Government to transmit in due course copies of any relevant texts adopted to this end. In addition, the Committee would be grateful if the Government could provide in its next report, as required under Part V of the report form, general information on  the practical application of the Convention, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, any difficulties encountered in the implementation and enforcement of the Convention, etc.