Plantations Convention, 1958 (No. 110) - Nicaragua (Ratification: 1981)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Part II of the Convention (Engagement and recruitment and migrant workers). Articles 5–19. In its previous comments, the Committee requested the Government to provide information on the medical provisions for recruited workers, including any prescribed medical examinations and the possibility of repatriation for incapacity or illness. The Committee notes the Government’s indication that Nicaraguan workers who work in plantations in Costa Rica are covered by the Costa Rican Social Security Fund. Similarly, under the provisions of the current agreement between Nicaragua and Costa Rica, they are covered by the benefits arising from the occupational risk policies of the Costa Rican National Insurance Institute, which are concluded for each worker by enterprises at the beginning of each agricultural cycle and are established in the individual contract of employment. Nevertheless, the Committee observes that the Government has not provided information on the circumstances and conditions under which the repatriation of workers is provided for in the event of incapacity or illness. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of Nicaraguan migrant workers working on plantations in Costa Rica who are covered by the Costa Rican Social Security Fund. The Committee also requests the Government to send detailed information on the benefits granted to such workers under the occupational risk policy of the Costa Rican National Insurance Institute. The Committee reiterates its request to the Government to indicate whether the possibility of repatriation is provided for in the event of incapacity or illness of migrant workers and under which conditions. The Committee also requests the Government to provide updated information on the engagement and recruitment of men and women migrant workers on plantations, including both internal and external migrants, and to indicate the number of people involved in this type of work (disaggregated by sex), their conditions of work and the type of plantation on which they are employed.

Part IV (Minimum wage). Articles 24–25. In response to the Committee’s previous comments, the Government indicates that the National Minimum Wage Board (2012–17) approved on a tripartite basis the minimum wage in the agricultural sector, which was raised by 75.9 per cent. Furthermore, the Government indicates that, under the ministerial decisions on the application of the minimum wage, food is added to the amount of the minimum wage established for the agricultural sector. The Government adds that, as a result, the purchasing power of the basic basket increased by 8.3 per cent. The Committee notes that, on 21 February 2017, the National Minimum Wage Commission fixed the new minimum wages applicable in the different sectors of the national economy for the period from 1 September 2017 to 28 February 2018. In this regard, the minimum wage in the agricultural sector was fixed at 3,773.82 Costa Rican colons (CRC), to which the food established for this sector is added. The Committee requests the Government to continue providing detailed and updated information on the effects of the current minimum wage on the purchasing power of workers, in relation to the “basic basket”. The Committee also requests the Government to provide information on the number of labour inspections conducted in the plantations sector and the results obtained with regard to the payment of minimum wages.

Part XI (Labour inspection). Articles 71–84. In response to the Committee’s previous comments, the Government indicates in general that the initiatives implemented with a view to monitoring the work of young persons in plantations during the coffee harvest in Jinotega and Madriz between 2010 and 2011 gave rise to good practices. The Government also reports the implementation at the national level, through the various offices of the Ministry of Labour, of plans and programmes providing assistance to children and young people who are working, including assistance and reporting programmes, awareness-raising and information campaigns and dialogue and consensus strategies. The Committee notes with interest the Government’s indication that 3,032 inspections were carried out in relation to child labour between 2011 and 2017 resulting in protection measures for the labour rights of 7,001 young workers, the detection of 1,557 violations and the identification of 467 cases of child labour. Furthermore, employers and producers signed agreements pledging not to hire children and work permits were issued to underage workers who had reached the minimum age. The Committee requests the Government to continue providing detailed and updated information on the different measures adopted with a view to eliminating child labour on plantations, as well as their impact in practice. The Committee also requests the Government to continue providing statistical information on labour inspections conducted in plantations in relation to child labour, particularly the number of visits, the number and type of violations observed and the penalties imposed.

Part XIII (Medical care). Articles 89–91. In its previous comments, the Committee, while noting that the World Bank had recently approved a new loan to expand sugar cane plantations in the country, requested the Government to provide information on the prevailing occupational health risks faced by plantation workers and any measures taken to prevent such risks. The Committee notes that the Government refers to the development of preventive measures and specialized medical care plans by the Nicaraguan Social Security Institute in relation to the occupational risks that can arise in plantations, especially in sugar cane plantations. In this regard, the Government indicates that, as part of the preventive programme for health promotion and education, 18,074 visits were conducted to work centres, including sugar cane plantations. This programme enabled the early detection and treatment of endemic diseases inherent to sugar cane cultivation, including chronic kidney failure. The Government reports that the number of sugar cane plantation workers covered by insurance increased from 1,362 in December 2006 to 2,625 in May 2018. Furthermore, the format of the obligatory insurance scheme that must be paid by the employers of workers in the plantations has been modified, so that these workers are not registered under a system providing for invalidity, old-age, death and professional risks, but are registered in the comprehensive system, which includes all the branches of the Nicaraguan Social Security Institute services (invalidity, old-age, death and occupational risks as well as sickness and maternity). The Government indicates that the workers covered by the mandatory social security system benefit from a series of measures to prevent occupational risks and illnesses. The Committee requests the Government to continue providing detailed information on the specific measures adopted or envisaged to prevent the occupational risks threatening the health of plantation workers. The Committee also requests the Government to continue sending statistical information, disaggregated by sex, on the number of plantation workers registered with the Nicaraguan Social Security Institute.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Part II of the Convention (Engagement and recruitment and migrant workers). Articles 5–19. Further to its previous comment, the Committee notes the updated information contained in the Government’s report concerning the ongoing agreement between Nicaragua and Costa Rica, which began in 2007, regulating migration flows between the two countries. The Committee notes, in particular, the model employment contract used for the recruitment of Nicaraguan agricultural workers which contains provisions on hours of work, overtime remuneration, termination of employment, leave, transportation to and from the country of origin, and accommodation. The Committee further notes the Government’s statistical information according to which 3,055 migrant agricultural workers were registered in the period 2012–13, bringing the total number of Nicaraguan migrant agricultural workers since 2006 up to 18,154. The Government indicates that the majority of those workers are aged between 23 and 32 years, they work between five and six months in Costa Rica, that is, November to April, and they are exclusively male owing to the nature of the work. The Committee requests the Government to provide further details concerning the medical provisions, if any, for recruited workers, including any prescribed medical examinations (Article 11) and the possibility for repatriation for incapacity or illness (Article 14).

Part IV (Minimum wage). Articles 24–25. The Committee notes the Government’s reference to the Tripartite Agreement on the Legal Minimum Wage of March 2012, which provides for a 13 per cent increase in the minimum wage for the agricultural sector. The Committee also notes that according to the statistical information provided in the Government’s report, the agricultural minimum wage covers only 21.16 per cent of the value of a basic family basket (canasta básica), which is much lower than the corresponding figures for the mining (38.5 per cent), transport (39.3 per cent) or construction (48 per cent) sectors. The Committee requests the Government to continue to provide updated information on the evolution of the minimum wage rate applicable in the agricultural sector and its purchasing power. It also requests the Government to refer to the comments made under the Minimum Wage Fixing Convention, 1970 (No. 131).

Part XI (Labour inspection). Articles 71–84. The Committee understands that child labour is common in plantation work, particularly during the coffee harvests. The Committee also understands that the Ministry of Labour recently participated in the design and production of the Labour Guideline for Adolescents and further signed a Memorandum of Understanding to facilitate labour inspection visits to 56 coffee farms in Jinotega and Madriz to monitor adolescent work during the 2010–11 harvest. The Committee requests the Government to provide more detailed information on the impact these initiatives have had on combating the child labour in plantations and also indicate any additional measures taken or envisaged in this regard. The Committee would also appreciate receiving labour inspection statistics (for instance, number of visits, number and type of infringements observed, and sanctions imposed) with special reference to plantations.

Part XIII (Medical care). Articles 89–91. The Committee notes the Government’s indication that it has become party to the Stockholm Convention on Persistent Organic Pollutants. The Committee understands that important health concerns have been raised in recent years in relation to work in sugar cane plantations, particularly as regards the chronic kidney disease that has reached alarming proportions among sugar cane workers. While noting that the World Bank has recently approved a new loan to expand sugar plantations in the country, the Committee requests the Government to provide together with its next report additional information on the prevailing occupational health risks that plantation workers are faced with and any measures taken to prevent such risks.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. Further to its previous comment, the Committee notes the detailed information provided by the Government concerning the establishment of institutions responsible for migrant workers and the signing of an agreement between Nicaragua and Costa Rica aimed at monitoring migrant flows between the two countries. It notes, in particular, the co-development project approved in 2006, as well as the procedure established for the management of seasonal worker migration. The Committee also notes the Government’s indications that, between November 2007 and May 2008, 3,894 seasonal workers were registered, 3,663 of whom were on sugar cane, melon, palm and pineapple plantations. Finally, it notes the indication that, in June 2007, a model contract was drawn up by the Ministers of Labour of Nicaragua and Costa Rica for the engagement of seasonal workers in the agricultural sector. The Committee requests the Government to provide a copy of the model contract drawn up and to continue providing information concerning migrant workers, in particular their recruitment and working conditions.

Part IV (Minimum wage), Articles 24–25. The Committee notes the detailed information provided by the Government concerning the inspections carried out in 2007 and 2008, as well as the violations reported and the penalties imposed. It also notes the Government’s indication that 98,483 agricultural workers are covered by the legislation relating to the minimum wage, representing 16.3 per cent of the total workforce. In this regard, the Committee notes Ministerial Agreement No. JCHG-016-10-07 of 30 October 2007 issuing the Wage Regulations for Coffee Harvesting Activities for 2007–08 and, in particular, Ministerial Agreement No. JCHG-010-09-08 of 23 September 2008 which provides for an 18 per cent increase in the minimum wage in all economic branches, as well as the 13 per cent increase negotiated in May 2009, for a six‑month period, bringing the minimum wage to 1,575.15 córdobas (around US$80) per month for agricultural workers. In this regard, the Committee understands that: (i) the minimum wage currently in force has been adjusted once again; and (ii) an amendment to the Minimum Wage Act is envisaged in order to adjust wages once a year instead of every six months. The Committee requests the Government to provide further information in this regard. It also requests it to refer to the comments sent to it in 2009 under the Minimum Wage Fixing Convention, 1970 (No. 131).

Part IV (Protection of wages), Articles 26–35. The Committee notes the information provided by the Government relating to the regular payment of wages and the freedom of workers to dispose of their wages. It understands, however, that problems relating to the regular payment of wages persist in practice and requests the Government to refer to the comments sent to it in 2009 under the Protection of Wages Convention, 1949 (No. 95).

Part VII (Maternity protection), Articles 46–50. The Committee notes the information provided by the Government relating to the benefits granted to female workers covered by the provisions on maternity protection. It requests the Government to continue providing information concerning the social protection of workers and to refer to its comments made under the Maternity Protection Convention, 1919 (No. 3).

Parts IX and X (Right to organise and collective bargaining. Freedom of association), Articles 54–70. The Committee requests the Government to refer to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XII (Housing), Articles 85–88. The Committee notes Ministerial Agreement No. JCHG-017-10-07 of 30 October 2007 which provides that agricultural workers shall be provided with food or, failing that, a per diem of 18 córdobas (around US$1) per day in addition to their wages. It notes that the Government’s report contains no information on the housing of workers or on the measures taken under section 186 of the Labour Code relating to working conditions in rural areas, such as breaks, weekly rest, holidays, transport, etc. The Committee therefore requests the Government to provide further information in this regard.

Part XIII (Medical care), Articles 89–91. The Committee notes the adoption of Act No. 618 of 13 July 2007 on occupational safety and health. It notes, however, that the Government’s report contains no information concerning the establishment of adequate medical services for plantation workers, in accordance with Article 89 of the Convention. The Committee once again requests the Government to provide information in this regard, particularly in view of the high number of workers who have been exposed to pesticides for a long time and who, according to various sources, are becoming chronically ill.

Part V of the report form. Application in practice. The Committee notes the detailed information provided by the Government concerning wages, the number of workers employed on plantations and covered by social security, the number of inspections carried out on plantations in 2007 and during the first half of 2008, as well as the penalties imposed. The Committee requests the Government to continue providing up to date information on the violations reported and penalties imposed relating to hours of work, health and safety, the employment of minors, etc. It also requests the Government to continue providing general information on the application of the Convention in practice, including, for example: (i) the types of plantations that exist in the country and the number of undertakings covered by the Convention; and (ii) extracts from official reports on the social and economic conditions prevailing in the plantation sector, as well as any other information which would enable the Committee to assess whether the living and working conditions on plantations are in conformity with the provisions of the Convention.

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

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:

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee requests the Government to provide information on the engagement and recruitment of migrant workers, both national and foreign, and to specify the number of these labour migrants, their working conditions and the types of plantations on which they work.

Part IV (Wages), Articles 24 and 25. With reference to its observation of 2008 on Convention No. 131, the Committee requests the Government to provide additional information on the manner in which minimum wage standards are applied to plantation workers. The Committee also requests the Government to indicate the number of plantation workers covered by statutory minimum wage rates and the number covered by minimum wage rates determined by collective agreements, and to provide an indication of the impact of minimum wages on workers’ purchasing power in terms of a basic basket of goods. Please also supply reports of labour inspections to enforce minimum wage legislation (violations reported, sanctions imposed, etc.).

Part IV (Wages), Articles 26 to 35. The Committee recalls the comments on Convention No. 95 that it addressed to the Government in 2002 and trusts that the Government will take the necessary steps without delay to bring its legislation into full conformity with the provisions of the Convention.

Part VII (Maternity protection), Articles 46 to 50. Referring to its observation of 2004 on Convention No. 3, the Committee requests the Government to provide information on the application in plantations of the Unified National Health Care System, indicating the regions covered and the percentage of plantation workers covered by the system. The Committee also requests the Government to indicate the measures adopted or envisaged to extend the maternity benefits provided by the social security scheme to include all the women workers covered under the Convention.

Part VIII (Workers’ compensation), Articles 51 to 53. The Committee notes that the Government has still not provided information on the number of plantation workers insured against occupational risks. The Committee therefore once again requests the Government to indicate the number of plantation workers insured against occupational risks in relation to the total number of plantation workers and to provide information on the measures adopted or envisaged to ensure that all plantation workers are protected against employment accidents.

Part XI (Labour inspection), Article 74, paragraph 1(c), and Article 84. The Committee notes that, according to the Government, the Regulations of Act No. 290 of 30 October 1998 (published in the Gaceta Oficial No. 205 of 30 October 1998) establishes that the General Directorate of Labour is responsible for “bringing to the notice of the competent authorities defects or abuses not specifically covered by existing legal provisions”. The Committee requests the Government to send a copy of these Regulations and of any other legislative instruments relating to the labour inspection services, in particular those that cover plantations. The Committee notes with regret that the Government has not yet sent the statistical information on the inspections carried out in plantations. It trusts that the Government will provide this information in its next report and that it will include reports of the infringements of the provisions on working conditions (especially in matters such as hours of work, wages, health and safety, child labour, etc.) and the sanctions imposed.

Part XII (Housing), Articles 85 to 88. The Committee requests the Government to indicate whether minimum standards and specifications have been laid down in respect of accommodation for plantation workers, and to provide information on the measures adopted or envisaged to encourage the provision of adequate housing accommodation for them. The Committee notes section 186 of the Labour Code which provides that the Ministry of Labour, for each productive cycle and after consulting the competent state bodies and the employers’ and workers’ organizations concerned, shall adopt, at the appropriate time, provisions regulating the work involved in the cultivation of coffee, cotton, sugar cane, tobacco and other agricultural products. It further provides that these provisions shall regulate, as a minimum, categories of workers, hours of work, breaks, weekly rest, holidays, occupational health and safety, duties, wages, meals, housing, transport, education and other aspects of working conditions in rural areas. The Committee requests the Government to send a copy of these provisions when they are adopted.

Part XIII (Medical care), Articles 89 to 91. The Committee requests the Government to indicate the measures adopted or envisaged to encourage the provision of adequate medical services to plantation workers and their families and to provide information on any consultations held in this connection with the social partners. The Committee requests the Government to indicate whether there is any legislation on the use of pesticides and chemicals by agricultural workers, in particular plantation workers, in the light of the health risks involved in the use of these products and the recent compensation claims filed by plantation workers against chemical companies for the excessive use of extremely toxic pesticides.

Part IV of the report form. The Committee requests the Government to supply information that provides an indication of the importance of the plantation sector in the national economy, for example in terms of the gross domestic product, total exports and the economically active population. The Committee also requests the Government to provide general information on how the Convention is applied in practice, including: (i) reports of labour inspections in the plantation sector (violations reported, sanctions applied, etc.); (ii) the types of plantations that exist in Nicaragua and the number of enterprises covered by the Convention; (iii) extracts from official reports on current socio-economic conditions in the plantation sector; (iv) collective agreements applicable to the sector, and any other information allowing the Committee to assess whether plantation workers benefit from the protection afforded by the provisions of the Convention, both in law and in practice.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report.

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee requests the Government to provide information on the engagement and recruitment of migrant workers, both national and foreign, and to specify the number of these labour migrants, their working conditions and the types of plantations on which they work.

Part IV (Wages), Articles 24 and 25. With reference to its direct request of 2003 on Convention No. 131, the Committee requests the Government to provide additional information on the manner in which minimum wage standards are applied to plantation workers. The Committee also requests the Government to indicate the number of plantation workers covered by statutory minimum wage rates and the number covered by minimum wage rates determined by collective agreements, and to provide an indication of the impact of minimum wages on workers’ purchasing power in terms of a basic basket of goods. Please also supply reports of labour inspections to enforce minimum wage legislation (violations reported, sanctions imposed, etc.).

Part IV (Wages), Articles 26 to 35. The Committee recalls the comments on Convention No. 95 that it addressed to the Government in 2001 and trusts that the Government will take the necessary steps without delay to bring its legislation into full conformity with the provisions of the Convention.

Part VII (Maternity protection), Articles 46 to 50. Referring to its last observation on Convention No. 3, the Committee requests the Government to provide information on the application in plantations of the Unified National Health Care System, indicating the regions covered and the percentage of plantation workers covered by the system. The Committee also requests the Government to indicate the measures adopted or envisaged to extend the maternity benefits provided by the social security scheme to include all the women workers covered under the Convention.

Part VIII (Workers’ compensation), Articles 51 to 53. The Committee notes that the Government has still not provided information on the number of plantation workers insured against occupational risks. The Committee therefore once again requests the Government to indicate the number of plantation workers insured against occupational risks in relation to the total number of plantation workers and to provide information on the measures adopted or envisaged to ensure that all plantation workers are protected against employment accidents.

Part XI (Labour inspection), Article 74, paragraph 1(c), and Article 84. The Committee notes that, according to the Government, the Regulations of Act No. 290 of 30 October 1998 (published in the Gaceta Oficial No. 205 of 30 October 1998) establishes that the General Directorate of Labour is responsible for "bringing to the notice of the competent authorities defects or abuses not specifically covered by existing legal provisions". The Committee requests the Government to send a copy of these Regulations and of any other legislative instruments relating to the labour inspection services, in particular those that cover plantations. The Committee notes with regret that the Government has not yet sent the statistical information on the inspections carried out in plantations. It trusts that the Government will provide this information in its next report and that it will include reports of the infringements of the provisions on working conditions (especially in matters such as hours of work, wages, health and safety, child labour, etc.) and the sanctions imposed.

Part XII (Housing), Articles 85 to 88. The Committee requests the Government to indicate whether minimum standards and specifications have been laid down in respect of accommodation for plantation workers, and to provide information on the measures adopted or envisaged to encourage the provision of adequate housing accommodation for them. The Committee notes section 186 of the Labour Code which provides that the Ministry of Labour, for each productive cycle and after consulting the competent state bodies and the employers’ and workers’ organizations concerned, shall adopt, at the appropriate time, provisions regulating the work involved in the cultivation of coffee, cotton, sugar cane, tobacco and other agricultural products. It further provides that these provisions shall regulate, as a minimum, categories of workers, hours of work, breaks, weekly rest, holidays, occupational health and safety, duties, wages, meals, housing, transport, education and other aspects of working conditions in rural areas. The Committee requests the Government to send a copy of these provisions when they are adopted.

Part XIII (Medical care), Articles 89 to 91. The Committee requests the Government to indicate the measures adopted or envisaged to encourage the provision of adequate medical services to plantation workers and their families and to provide information on any consultations held in this connection with the social partners. The Committee requests the Government to indicate whether there is any legislation on the use of pesticides and chemicals by agricultural workers, in particular plantation workers, in the light of the health risks involved in the use of these products and the recent compensation claims filed by plantation workers against chemical companies for the excessive use of extremely toxic pesticides.

Part IV of the report form. The Committee requests the Government to supply information that provides an indication of the importance of the plantation sector in the national economy, for example in terms of the gross domestic product, total exports and the economically active population. The Committee also requests the Government to provide general information on how the Convention is applied in practice, including: (i) reports of labour inspections in the plantation sector (violations reported, sanctions applied, etc.); (ii) the types of plantations that exist in Nicaragua and the number of enterprises covered by the Convention; (iii) extracts from official reports on current socio-economic conditions in the plantation sector; (iv) collective agreements applicable to the sector, and any other information allowing the Committee to assess whether plantation workers benefit from the protection afforded by the provisions of the Convention, both in law and in practice.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided in the Government's report in reply to its earlier comments.

1. Part V (Annual holidays with pay), Article 42 of the Convention. The Committee notes with interest the provisions of sections 76 to 79 of the Labour Code (Act No. 185 of 1996) which set forth the conditions of remuneration regarding paid holidays. The Committee takes particular note of the provisions of section 77 of this text which provides that on termination of an employment contract, or employment relationship, the worker shall be entitled to be paid his wages, and also the proportion due to him in respect of benefits accumulated from the period of employment. Section 78 of the same text adds that the calculation for paid holidays shall be based on the last ordinary wage earned by the worker, and in the case of fluctuation in wages, it shall be based on the ordinary wage earned over the last six months.

2. Article 74, paragraph 1(c). The Committee hopes that the Government will indicate in its next report, whether there are provisions under which labour inspectors are empowered to notify the competent authorities of shortcomings and infringements which are not explicitly included in the provisions of the Labour Inspectors' Regulations.

Article 76. The Committee hopes that the Government will communicate detailed information in its next report on the conditions of service of the labour inspectors and indicate the measures adopted or envisaged to ensure their stability of employment and independence from changes of government and improper external influences.

Article 79(a). The Committee trusts that the Government will communicate information in its next report on progress achieved as regards the application of the provisions of the Convention which prohibit labour inspectors from having any direct or indirect interest in the undertakings under their supervision.

Article 84. The Committee regrets that the Government has not sent the periodic inspection reports for the plantations which it had previously requested. The Committee hopes that the Government will send examples of these documents with its next report,.

3. The Committee asks the Government to refer to the following comments it has made on the application of other Conventions:

Part IV (Wages), Articles 26 to 35. Please see the comments drafted by the Committee at its 1998 meeting regarding the application of Conventions Nos. 95 and 131.

Part VIII (Workmen's compensation), Article 51. Please see the comments made by the Committee at its last meeting (1999) regarding the application of Convention No. 12.

Part IX (Right to organize and collective bargaining). Please see the comments made by the Committee at its last meeting (1999), in respect of the application of Convention No. 98.

Part X (Freedom of association). Please see the comments drafted by the Committee in 1998 in respect of the application of Convention No. 87.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct request, the Committee notes the information supplied by the Government in its latest report.

1. Part V (Annual holidays with pay), Article 42 of the Convention. The Committee noted from the Government's report that a new Labour Code was to be examined by the National Assembly at its forthcoming sessions, which should make it possible to eliminate any ambiguities in the legislation, with regard to the entitlement of a worker terminating his employment to the proportion of the wage due to him in respect of holidays, whatever the circumstances and the reason for the termination of the employment relationship. The Committee also noted that legal machinery exists whereby the worker may claim payment of this wage with free legal assistance from the Ministry of Labour. The Committee hopes that the new Labour Code, with appropriate provisions, will be adopted in the near future and again asks the Government to provide a copy of it as soon as possible.

2. Article 74, paragraph 1(c). The Committee notes the provisions of sections 20, 21, 22 and 23 of the Labour Inspectors' Regulations under which labour inspectors are authorized to bring defects or abuses to the notice of the competent authorities. The Committee asks the Government to state under which provisions labour inspectors are authorized to bring to the attention of the competent authorities defects and abuses not specifically covered by the Labour Inspectors' Regulations.

Article 76. The Committee notes the Government's reference in its report to the provisions of article 27, part 1, article 82(6) and article 86 of the Political Constitution and again requests it to provide detailed information on the conditions of service of labour inspectors, indicating the measures which are in force to guarantee that inspectors enjoy stability of employment and are independent of changes of government and of improper external influences.

Article 79(a). The Committee noted that section 30(3) of the Labour Inspectors' Regulations prohibits inspectors from accepting gifts from employers or workers in the region under their supervision. The Committee recalled that the scope of the provisions of the Convention is broader and prohibits them from having any direct or indirect interest in the undertakings under their supervision. The Committee observes from the information in the Government's report that there has been no progress in this matter. The Committee again expresses the hope that measures will be taken to give effect to these provisions of the Convention and asks the Government to report on any progress made in this connection.

Article 84. The Committee again requests the Government to supply copies of periodical reports on the inspection of plantations, which were not enclosed with the last report.

Part XII (Housing), Articles 85 to 88. The Committee again requests the Government to indicate the measures taken to give effect to these provisions of the Convention.

3. The Committee notes the Government's statement in reply to its previous comments to the effect that the previous comments referred to situations which existed under the previous government and which have now been remedied. The Committee asks the Government to refer to the following comments which it has made on the application of other Conventions:

Part IV (Wages), Articles 26 to 35. See the comments made in 1992 on the application of Convention No. 95, as follows:

Further to its previous direct request, the Committee notes the Government's report and the draft Labour Code communicated to the International Labour Standards Department of the ILO by way of consultation. It would point out the following:

1. The definition of "wages" under section 67 could be improved by including the essentials of the definition given by Article 1 of the Convention according to which the term "wages" means "remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by mutual agreement or by national laws or regulations, which are payable in virtue of a written or unwritten contract of employment by an employer to an employed person for work done or to be done or for services rendered or to be rendered".

2. In order to give effect to Article 15(c) of the Convention, penalties in relation to certain measures for protection of wages should be prescribed in application of section 71, for example, penalties for payment in the form of promissory notes, vouchers or coupons.

3. No provision in the draft Code gives effect to the following provisions of the Convention: (a) prohibition of payment in the form of liquor of high alcoholic content or of noxious drugs (Article 4(1)); (b) prohibition for the employer to limit in any manner the freedom of the workers to dispose of their wages (Article 6); (c) prohibition of the measures to coerce the workers to make use of works stores or services operated in connection with an undertaking (Article 7(1)); (d) prohibition of any deductions from wages with a view to ensuring a direct or indirect payment made by a worker to an employer or to an intermediary for the purpose of obtaining or retaining employment (Article 9); and (e) provision on the final settlement of wages upon the termination of a contract of employment (Article 12(2)).

The Committee hopes that the Government will reconsider the draft Labour Code taking into account the above remarks so that the draft, when adopted, will give effect to the relevant provisions of the Convention, and requests the Government to continue reporting on the progress made in this connection.

Part VIII (Workmen's compensation), Article 51. See the comments made in 1991 on the application of Convention No 12.

Part IX (Right to organize and collective bargaining). See the comments made in 1992 on the application of Convention No. 98, as follows:

The Committee takes note of the Government's report and observes that it contains information about compliance with the recommendations made by the Commission of Inquiry appointed in accordance with article 26 of the ILO Constitution to consider the complaint filed against Nicaragua concerning Conventions Nos. 87, 98 and 144.

The Committee takes due note that the Government indicates that, taking into account the observations of the Committee of Experts, the Commission of Inquiry and ILO advisers, it has prepared a draft Labour Code. In addition, with regard to tripartite consultations provided for in Convention No. 144, the Government states that extensive recourse to tripartism in different labour activities took place.

In this connection the Committee reminds the Government of its observations concerning the need to repeal Decree No. 530 of 24 September 1980, section 1 of which subjects collective agreements to the prior approval of the Ministry of Labour before they can come into force; concerning the need to promote collective bargaining; and to the effect that the authorities should refrain from any intervention or remove any obstacle that may restrict the free conclusion of collective agreements at different levels. In addition the Committee reminds the Government that, so far as successive interventions by the public authorities in wage negotiations are concerned, persuasion is preferable to dictation; it asks the Government to be good enough to indicate in its next report the measures that exist to establish the autonomy of the parties in procedures for bargaining on wage increases.

The Committee asks the Government to send it a copy of the draft Labour Code referred to. The Committee expresses the firm hope that at its next session it may be able to record tangible results in the matter of bringing the law into conformity with the Convention, and that the future Labour Code will embody the recommendations made by the Commission of Inquiry in its report.

Part X (Freedom of association). See the comments made in 1992 on the application of Convention No. 87, as follows:

The Committee takes note of the Government's report and observes that it contains information concerning compliance with the recommendations made by the Commission of Inquiry appointed under article 26 of the ILO Constitution to examine the complaint against Nicaragua concerning the application of Conventions Nos. 87, 98 and 144.

With regard to the information given in connection with paragraph 541 of the report of the Commission of Inquiry (amendment and updating of the Police Functions Act, the Police Code and the Code of Criminal Procedure), the Committee notes with interest that the National Assembly has promulgated Act No. 124 of 25 July 1991 on the reform of criminal procedure, which makes local judges competent to try and punish the perpetrators of minor criminal offences and district judges to try the perpetrators of offences that carry more severe penalties than correctional penalties, but provides that they may not pronounce sentence until a jury has delivered its verdict. The Committee takes note of the Government's statement that it does not propose to promulgate legislation on social communications since there is complete and unrestricted freedom to receive and disseminate information without limitation.

The Committee further notes with satisfaction, with regard to the information given by the Government in connection with the recommendation of the Commission of Inquiry concerning expropriations (paragraph 542 of the report of the Commission of Inquiry) that the properties have been returned to the leaders of COSEP.

The Committee takes due note that the Government has prepared a draft Labour Code taking into account the observations of the Committee of Experts, of the Commission of Inquiry and of the ILO advisers. As regards tripartite consultations provided for in Convention No. 144, the Committee notes the Government's statement that it has had extensive recourse to tripartism in different labour activities.

In this connection the Committee reminds the Government of its observations concerning certain provisions of or omissions from the legislation that are not in accordance with the Convention. The Committee had referred in particular to the need to:

- guarantee, by a specific provision, the right of public servants, self-employed workers in the urban and rural sectors and persons working in family workshops to associate for the defence of their occupational interests;

- abolish the requirement of an absolute majority of the workers of an enterprise or work centre for the formation of a trade union (section 189 of the Labour Code);

- amend the provision on the general prohibition of political activities by trade unions (section 204(b) of the Code);

- amend the obligation placed on trade union leaders to present to the labour authorities the registers and other documents of a trade union on application by any of the members of that union (section 36 of the Regulations on Trade Union Associations);

- lift the excesssive limitations on the exercise of the right to strike, requiring a majority of 60 per cent for calling a strike, prohibiting strikes in rural occupations when the produce may be damaged if it is not immediately available, and enabling the authorities to end a strike that has lasted 30 days through compulsory arbitration if no settlement has been reached after the date authorised for the strike (sections 225, 228 and 314 of the Code).

The Committee asks the Government to send it a copy of the draft Code in question. Since the questions raised are of great importance and it has been pressing them for many years, the Committee expresses the firm hope that at its next session it will be able to take note of tangible results with regard to the reconciliation of the legislation with the Convention and that the recommendations made by the Commission of Inquiry in its report (paragraphs 543 and 544) will be embodied in the future Labour Code.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous comments, the Committee takes note of the information provided in the Government's last report.

1. Part V (Annual holidays with pay), Article 42 of the Convention. The Committee notes from the Government's report that a new Labour Code is to be examined by the National Assembly at its forthcoming sessions, which should make it possible to eliminate any ambiguities in the legislation, with regard to the entitlement of a worker terminating his employment to the proportion of the wage due to him in respect of holidays, whatever the circumstances and the reason for the termination of the employment relationship. It also notes that legal machinery exists whereby the worker may claim payment of this wage with free legal assistance from the Ministry of Labour. The Committee hopes that the new Labour Code containing appropriate provisions will shortly be adopted, and requests the Government to provide a copy of it as soon as possible.

2. The Committee asks the Government to provide the necessary information on the following points which were also raised in its previous direct request:

Article 74, paragraph 1(c). The Committee asks the Government to indicate whether (and under which provisions) the labour inspectorate is authorised to bring to the notice of the competent authorities defects or abuses not specifically covered by existing provisions of the law, as required by the Convention.

Article 76. The Committee asks the Government to provide detailed information on the conditions of service of labour inspectors and to indicate to what extent they guarantee that inspectors enjoy stability of employment and are independent of changes of government and of improper external influences.

Article 79(a). The Committee notes that section 30(3) of the Regulations concerning Labour Inspectors prohibits the latter from accepting gifts from employees or workers in the region under their supervision. It recalls that the scope of the provisions of the Convention is broader and prohibits them from having any direct or indirect interest in the undertakings under their supervision. The Committee hopes that measures will be taken to give full effect to these provisions of the Convention and asks the Government to report on any progress made in this connection.

Article 84. The Committee requests the Government to supply copies of periodical reports on the inspection of plantations, which were not enclosed with the last report.

Part XII (Housing), Articles 85 to 88. The Committee again requests the Government to indicate the measures taken to give effect to these provisions of the Convention.

3. The Committee asks the Government to refer to the following comments, which it has made on the application of other Conventions:

Part IV (Wages), Articles 26 to 35. See the comments made in 1987 on the application of Convention No. 95.

Part VIII (Workmen's compensation), Article 51. See the comments on the application of Convention No. 12.

Part IX (Right to organise and collective bargaining). See the comments made in 1989 on the application of Convention No. 98.

Part X (Freedom of association). See the comments made in 1989 on the application of Convention No. 87.