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

Protection of Wages Convention, 1949 (No. 95) - Botswana (Ratification: 1997)

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:

Repetition

Articles 1 and 14 of the Convention. Definition of “wages” and information on wage particulars. The Committee notes the Government’s explanations that tripartite consultations are in progress with a view to: (i) bringing the definition of the term “wages” in section 2 of the Employment Act (Cap 47:01) into line with the Convention; and (ii) devising appropriate legal provisions on notification of wage conditions to workers before entering employment and on issuance of itemized wage statements. The Committee requests the Government to keep the Office informed of any progress made in this regard.

Article 4(2). Partial payment of wages in kind. The Committee notes the Government’s indication that the quality and quantity of the goods which may be offered to workers in partial payment of wages, in accordance with section 85 of the Employment Act, is verified by labour inspection officers. The Committee recalls in this connection that Article 4(2) of the Convention imposes an obligation as to the result to be achieved and therefore requires the adoption of practical measures to ensure that any allowances in kind match the worker’s needs and are attributed a fair and reasonable value. This obligation may be met in a variety of ways, such as the inclusion in the relevant laws and regulations or collective agreements of specific rules regarding the types of authorized benefits in kind and the principles or methods of determining, supervising or, if necessary, adjudicating the value attributed to them. Moreover, the Committee wishes to refer to paragraph 159 of its 2003 General Survey on the protection of wages in which it observed that setting an overall limit on the proportion of the money wages which may be replaced by benefits in kind does not in itself resolve the problem of the fair valuation of such benefits and offers little protection to workers from possible exploitative practices. Regulating the maximum proportion of money to consumer goods permissible in remuneration guarantees at most the partial character of the wage payment in kind, as required under Article 4(2) of the Convention. Yet, such limits alone cannot ensure that the allowances in kind provided in any given case are in fact suitable for the needs and interests of the workers and their families, and even less that such allowances are not overvalued, to the detriment of real earnings of workers. While noting that section 85(1) of the Employment Act follows to the letter the terms of this Article of the Convention, the Committee requests the Government to take concrete measures to ensure the practical implementation of the principles set out therein.

Article 7. Works stores. The Committee notes that according to the Government’s report, there is no legislative or other provision to ensure that under the circumstances referred to in Article 7(2) of the Convention, works stores may not be operated for the purpose of securing a profit but for the benefit of the workers concerned. The Committee requests the Government to consider appropriate action so that national law and practice be brought into line with the requirements of the Convention in this respect.

Article 10. Attachment of wages. Further to its previous comment, the Committee requests once again the Government to clarify whether any specific limits – other than the general limitation in section 82 of the Employment Act on court orders that would seriously jeopardize the well-being of a worker or that of the dependant members of his/her family – apply to the attachment of wages. The Committee refers, in this regard, to paragraphs 276–293 of the abovementioned General Survey, and recalls that this Article of the Convention may be given effect either by determining a minimum amount of the wage (fixed sum or specified percentage) which is declared immune from seizure or by leaving it to the national judicial authorities to define the reasonable limits of attachment in each individual case. The Committee would appreciate receiving additional explanations on this point.

Part V of the report form. Practical application. The Committee would thank the Government for continuing to provide general information on the application of the Convention in practice, including, for instance, copies of collective agreements containing clauses on pay conditions, extracts from reports of the labour inspection services and any difficulties experienced in the timely payment of wages in the private or public sector, etc.