Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Protection of Wages Convention, 1949 (No. 95) - Democratic Republic of the Congo (Ratification: 1969)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 8(1) of the Convention. Deductions from wages. In its previous comments the Committee noted that section 112 of the Labour Code, which enumerates the cases in which deductions from wages are authorized, cannot be taken as an exhaustive list and does not establish that deductions made for reasons other than those listed in section 112 are prohibited. It also pointed out that the same section does not establish a limit to the deductions that may be made, as required by Article 8(1) of the Convention. In its last report, the Government indicates that deductions made for reasons other than those listed in section 112 are regulated by collective agreements. The Committee requests the Government to indicate how it is ensured, in law and in practice, that deductions made from wages for reasons other than those prescribed by the national legislation or fixed by collective agreement are prohibited. It also requests the Government to report any measures taken to limit deductions from wages to the extent deemed necessary for the maintenance of the worker and his/her family.

Articles 12 and 15. Regular payment of wages – Supervisory measures. The Committee notes the comments of the Confederation of Trade Unions of Congo (CSC) received on 30 August 2013 and forwarded to the Government on 18 September 2013. The CSC, while noting with satisfaction the measure taken by the Government for the payment by bank transfer of the wages of State officials and employees, which has made wage payment as a whole significantly safer, expresses the view that the statutory provisions on wage protection are not observed, in particular in Chinese enterprises and in commerce. The CSC adds that its communications on this matter to the Ministry of Employment, Labour and Social Welfare have so far gone unanswered. The Committee requests the Government to send any comments it may wish to make in reply to the CSC’s observations.