Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of Wages Convention, 1949 (No. 95) - Paraguay (Ratification: 1966)

Articles 2, 3, 4, 6, 7 and 12 of the Convention. Scope of application – Payment of wages in kind – Indigenous workers. The Committee has been drawing the Government’s attention for several years to the need to extend the coverage of the provisions of the Labour Code regarding protection of wages to agricultural workers and also the need to consider the introduction of an express provision prohibiting the partial payment of wages in the form of liquor of high alcoholic content or noxious drugs. In addition, the Committee has been commenting on the situation of indigenous communities in the Chaco region and reported abusive pay practices which are linked to suspected debt bondage and forced labour situations. In its latest report, the Government essentially reproduces the information communicated in its 2009 report and provides no new information with respect to the Committee’s comments with the exception of aggregate statistics concerning labour inspection visits carried out in 2011. The Committee accordingly asks the Government to take the necessary measures as a matter of priority in order to: (i) bring agricultural workers within the scope of application of the Convention, so as to enjoy with respect to their wages the protective coverage of the Labour Code; (ii) ensure that full effect is given to the requirements of Article 4(1) of the Convention regarding payment of wages in the form of alcohol or drugs; and (iii) properly investigate and effectively prevent and punish any pay practices in relation to indigenous workers in the Paraguayan Chaco region which would not comply with the following requirements of the Convention: Article 3 (payment of wages in legal tender only, and not in vouchers or coupons), Article 6 (prohibition to limit in any manner the freedom of workers to dispose of their wages), Article 7 (prohibition of any coercion exerted to workers in relation to the use of works stores), and Article 12 (payment of wages at regular intervals). Furthermore, the Committee requests the Government to refer to its comments made under the Forced Labour Convention, 1930 (No. 29), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).