Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Protection of Wages Convention, 1949 (No. 95) - Benin (Ratification: 1960)

Articles 8 and 9 of the Convention. Deductions from wages. In its report, the Government states that legal texts to give effect to Article 8 and 9 of the Convention, concerning wage deductions, have not as yet been adopted. Given that wages are necessary in order to maintain workers and their families and that the objective of Articles 8 and 9 of the Convention is precisely to avoid any unwarranted reduction of wages and to protect the right of workers to receive their wages in full, the Committee trusts that the Government will endeavour to take the necessary steps promptly to adopt legal texts that give full effect to the abovementioned provisions of the Convention, and asks it to keep the Office informed of any developments in this regard.

Article 10. Attachment and assignment of wages. Further to its previous comments on this matter, the Committee notes that pursuant to section 177 of the Uniform Act organizing simplified recovery procedures and measures of execution, adopted in 1998 by the Organization for the Harmonization Business Law in Africa (OHADA), earnings may be assigned or attached only in the proportions determined by each member State, and the aggregate of sums attached or voluntarily assigned may not, even for claims of alimony, exceed a limit fixed by each contracting State. The Committee understands that a decree of 16 June 1955 fixes the attachable and assignable part of earnings. The Committee requests the Government to indicate whether the decree is still in force, and if so, to send a copy of it with its next report.

Article 12. Payment of wages at regular intervals. In its previous comments, the Committee noted that there were difficulties in paying wages regularly which accounted for the wage arrears in the public service. In its report the Government indicates that the wage arrears were settled in 2008 through the securitization of the wage claims of all the workers concerned. The Committee understands that under the wage debt clearance plan, treasury certificates are issued for each public employee concerned, the amount of which may not be less than 500,000 CFA francs a year (approximately US$1,046). However, implementation of the plan might be spread over ten years if necessary. Furthermore, the Committee understands that the certificates may be used as gifts or legacies or transferred to third parties or financial institutions. While pointing out that according to Article 3(1) of the Convention, wages payable in money shall be paid only in legal tender and payment in the form of promissory notes, vouchers or coupons or in any other form alleged to represent legal tender, shall be prohibited, the Committee requests the Government to provide further information explaining exactly how the clearance plan is implemented and how far it has progressed.

Article 14(b). Payslips to be issued to workers. In reply to the Committee’s previous comments, in which it asked the Government to indicate whether any legislative or regulatory provisions require payslips to be issued to public sector workers, the Government states that no such obligation is laid down in the General Public Service Regulations. It adds, however, that in practice the State, as employer, issues payslips to its employees when wages are paid. While noting that the issuance of payslips is customary in the public service, the Committee trusts that in order to reinforce this practice the Government will take steps, when the opportunity arises, to secure the adoption of legislative or regulatory provisions establishing that at the time of each payment of wages a payslip is to be issued giving particulars of gross earnings, any deductions, with an indication of the amount thereof and the reasons therefore and the net wages due, as specified in Article 14(b) of the Convention and Paragraph 7 of the Protection of Wages Recommendation, 1949 (No. 85).

Part V of the report form. Application in practice. The Committee asks the Government to provide general information on the application of the Convention, such as extracts from official reports of the inspection services showing the number and nature of contraventions reported, copies of official reports regarding wage protection, information on any practical difficulties in applying the Convention or any other information enabling the Committee to assess the manner in which the Convention is applied in practice.