Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Protection of Wages Convention, 1949 (No. 95) - Nicaragua (Ratification: 1976)

Article 6 of the Convention. Freedom of workers to dispose of their wages. The Committee notes that the Government’s report does not reply to its previous comment on this matter. It therefore once again asks the Government to take the necessary steps to include in its legislation provisions that prohibit employers from limiting in any manner the freedom of workers to dispose of their wages. In this connection, the Committee draws the Government’s attention to its General Survey of 2003 on the protection of wages, in which it stressed (in paragraph 178) that “provisions regulating deductions from wages, the attachment of wages or the use of company stores do not cover all the ways in which workers can be limited in their freedom to dispose of their wages: one example is through exerting pressure on workers to make contributions to certain funds or to spend their wages in specific places. In the Committee’s opinion, it is therefore necessary for implementing legislation to contain an express provision generally prohibiting employers from restricting the freedom of workers to dispose of the wages, as set forth in Article 6 of the Convention.”

Article 7. Works stores. The Committee notes that, according to the Government, some enterprises, in agreement with the trade unions, conclude agreements with suppliers for the sale of their products to employees of the enterprises at preferential prices. It notes, however, that such agreements do not appear to lead to the establishment of works stores. The Committee further notes that the Government cites the names of a number of enterprises that have works stores but provides no further details on the matter. It therefore asks the Government to provide more extensive information on the way the works stores in the enterprises mentioned in the report are run and on the measures taken to ensure that no pressure is put on the workers concerned to use such stores or services, that the goods are sold at fair and reasonable prices and, in general, that stores established by the employer are operated not for the purpose of securing a profit but for the benefit of the workers concerned.

Article 10. Attachment and assignment. The Committee notes that in reply to its previous direct request on this point, the Government refers to sections 89 to 92 of the Labour Code. It notes, however, that of these provisions only section 92 relates to the attachment of wages, providing that the minimum wage may by attached only for the purpose of protecting the worker’s family. The Committee reminds the Government that, according to Article 10 of the Convention, wages – and not only the minimum wage – may be attached or assigned only in a manner and within limits prescribed by national laws or regulations, and must be protected against attachment or assignment to the extent deemed necessary for the maintenance of the worker and his family. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to: (i) establish the conditions under which and the limits within which the amount of the wage exceeding the minimum wage may be attached; and (ii) regulate the voluntary assignment of wages.

Articles 12, paragraph 1, and 15(c). Payment of wages at regular intervals. The Committee notes that section 86 of the Labour Code establishes rules, inter alia, to set the time limits within which wages must be paid to manual workers and salaried employees. It notes that this provision establishes also that in the event of delay in the payment of wages, the employer must pay the worker an increment equal to 10 per cent of the wage for every week of delay, and “for each of the two weeks of work following the first”. The Committee requests the Government to provide more detailed information on the system for payment of an increment in the event of late payment of wages and, more specifically, to explain the meaning of “for each of the two weeks of work following the first”.