Protection of Wages Convention, 1949 (No. 95) - France (Ratification: 1952)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 10 of the Convention. Attachment of wages. The Committee notes the adoption of Act No. 2008-1249 of 1 December 2008 on generalization of the active solidarity income and reform of inclusion policies, which introduced a new benefit, the active solidarity income (RSA). It notes that the RSA replaces two old social thresholds, including the minimum insertion income (RMI), and that its amount depends on the family composition and other resources of the household. It also notes that following the amendment of section L3252-3 of the Labour Code by Ordinance No. 2011-1895 of 19 December 2011, the part of the wages that may not be subject to attachment is from now on a standard figure irrespective of the number of family members in the worker’s household and amounts to the RSA for a single person. The Committee requests the Government to provide information on the manner in which the legislation currently in force implements Article 10(2) of the Convention, which provides that wages must be protected against attachment or assignment to the extent necessary for the maintenance of the worker and his/her family.

Part V of the report form. Practical application. The Committee notes the information provided by the Government concerning the number of labour inspection reports drawn up in the period 2007–10 regarding criminal offenses related to wages, the number of offenses which have been referred to police courts and Justices of the Peace, and the number of infringements of the legislation on the protection of wages. It requests the Government to continue providing information on the manner in which the Convention is applied in practice, similar to those contained in its latest report. The Government is also requested to transmit a copy of any decision rendered by French courts that would address questions of principle relating to the implementation of the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 4 and 14(b) of the Convention. Partial payment of wages in kind. The Committee refers to its previous comment on the evaluation of accommodation as a benefit in kind provided to workers paid the minimum wage (SMIC), principally in hotels, cafés and restaurants. The Committee notes the detailed explanations provided by the Government, according to which the workers concerned receive, following the deduction of the value of the accommodation, wages in cash that are equal (to within 0.60 euros) to the SMIC under the terms of section D.141-9 of the Labour Code, whereas if the evaluation of this benefit in kind was aligned with its level under social security law, they would receive cash remuneration that was at least 60 euros less per month. It is therefore clear, as illustrated by the Government’s report, that the currently applicable rule favours workers who are paid the SMIC, who account for over 40 per cent of the workers employed in the hotel, cafés and restaurants sector.

Article 10. Attachment and assignment. The Committee notes the adoption of Decree No. 2005-1537 of 8 December 2005 determining the proportions in which annual remuneration may be attached or assigned. It also notes that the thresholds determined by this Decree are increased by an amount of 1,220 euros for each dependant of the debtor subject to assignment or attachment. The Committee further notes the Government’s indications that these proportions are modified on an annual basis. It requests the Government to continue providing updated information on the modalities and limits within which wages may be attached or assigned.

Article 12, paragraph 1. Payment of wages regularly. The Committee notes the information provided by the Government in reply to its previous comment and, in particular, the ruling by the Court of Cassation, Criminal Chamber, of 3 June 1982, a copy of which is attached to the report. The Court of Cassation set aside an appeal against a decision by the Court of Appeal of Caen, which had found an employer guilty of failure to pay at least once a month the wages of 86 employees and sentenced the employer to civil compensation, as the workers concerned had not received wages between 31 December 1979 and 6 February 1980. In the light of this very firm case law of the Court of Cassation, the Committee understands that, although the wording of section L.143-2 of the Labour Code, under which wages shall be paid once a month, may be subject to a certain ambiguity as it does not specify whether the period in question is a calendar month or a 30-day period, this ambiguity does not appear in practice to prejudice the workers concerned. The Committee requests the Government to provide any other relevant information on the effect given in practice to section L.143-2 of the Labour Code.

Part V of the report form. The Committee requests the Government to provide material enabling it to have a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services containing information on the number and nature of infringements reported to the legislation on the protection of wages, and on the measures adopted to bring them to an end.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s reports, especially the information regarding the application of Articles 10, 11 and 14 of the Convention. It also notes the explanations supplied by the Government in response to the observations made by the French Democratic Confederation of Labour (CFDT) concerning the following points.

Articles 4 and 14(b) of the Convention. The Committee notes that, under section D.141-9 of the Labour Code and section 2 of the Order of 9 January 1975 concerning the evaluation of benefits in kind, the cash value of accommodation is fixed differently for the purpose of calculating the net amount of payable wage as contrasted to determining the level of social security contributions. According to the Government, even though such disparity may affect the presentation of payslips in certain sectors, this was the result of a negotiated arrangement with the social partners aiming at taking due account of the special conditions in the hotel, catering and tourism sector. The Government further states that the present situation is to the workers’ favour because of the low cash value of accommodation to be deducted from the minimum wage (SMIC). The Committee considers that additional information would be needed especially on the extent of the problems which may have arisen in connection with the evaluation of benefits in kind before it could express any views on the conformity of such practices with the requirements of the Convention.

Article 12(1). The Committee notes that the Government recognizes that section L.143-2 of the Labour Code, which provides that wages must be paid once a month, may be understood differently depending on whether the term "month" is taken to mean a calendar month or a 30-day period. In the Government’s opinion, however, such possible variation does not call into question the principle of regular payment of wages, especially in the light of section R.154-3 of the Labour Code which prescribes specific penalties for any violation of the provisions in respect of wage payment. The Committee asks the Government to consider all appropriate measures to guarantee in law and in practice the payment of wages at regular intervals as required under Article 12(1) of the Convention. The Committee also invites the Government to continue to supply information on any developments in this respect.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

The Committee refers to the observations submitted by the French Democratic Confederation of Labour (CFDT).

1.  The CFDT states that there could be difficulties particularly as regards the presentation of pay slips in certain sectors (e.g. hotels) owing to the disparity in the evaluation of benefits in kind (accommodation) which are fixed at 0.15 francs per day by section D.141-9 of the Labour Code and the evaluation established by the social security scales.

Since the Committee has no specific information on the nature of the difficulties encountered, it is difficult to ascertain to what extent effect is given to Article 14 of the Convention.

2.  The CFDT considers that the wording of section L.143-2 of the Labour Code, which states that wages must be paid once a month, is ambiguous since it does not specify whether the term "month" means a calendar month or a one-month period between two dates. It points out that if it is construed as a calendar month, the wage could be paid on the first day of one month and the last day of the next month, which would mean a 60-day interval.

The Committee asks the Government to find out whether the absence of any reference to payment "at regular intervals", has raised or is raising any practical difficulties in the application of Article 12, paragraph 1, of the Convention and, if so, to indicate the measures taken or contemplated to specify that wages shall be paid at least once a month and at regular intervals.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which reads as follows:

The Committee notes the observations presented by the French Democratic Confederation of Labour (CFDT), communicated by the Government with its report. First, the CFDT notes the disparity between the evaluation of benefits in kind (accommodation) fixed by the Labour Code and that established by the social security scales, which, in its submission, is causing difficulties in the presentation of pay slips in certain sectors such as hotels. Secondly, the CFDT considers that the wording of section L.143-2 of the Labour Code, which provides that wages must be paid once a month, is ambiguous since it is not clear whether the term "month" means a calendar month or a one-month period between two dates.

The Committee notes that the Government has provided no information on these observations, which the Committee discusses in a direct request.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to the observations submitted by the French Democratic Confederation of Labour (CFDT).

1. The CFDT states that there could be difficulties particularly as regards the presentation of pay slips in certain sectors (e.g. hotels) owing to the disparity in the evaluation of benefits in kind (accommodation) which are fixed at 0.15 francs per day by section D.141-9 of the Labour Code and the evaluation established by the social security scales.

Since the Committee has no specific information on the nature of the difficulties encountered, it is difficult to ascertain to what extent effect is given to Article 14 of the Convention.

2. The CFDT considers that the wording of section L.143-2 of the Labour Code, which states that wages must be paid once a month, is ambiguous since it does not specify whether the term "month" means a calendar month or a one-month period between two dates. It points out that if it is construed as a calendar month, the wage could be paid on the first day of one month and the last day of the next month, which would mean a 60-day interval.

The Committee asks the Government to find out whether the absence of any reference to payment "at regular intervals", has raised or is raising any practical difficulties in the application of Article 12, paragraph 1 of the Convention and, if so, to indicate the measures taken or contemplated to specify that wages shall be paid at least once a month and at regular intervals.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the observations presented by the French Democratic Confederation of Labour (CFDT), communicated by the Government with its report. First, the CFDT notes the disparity between the evaluation of benefits in kind (accommodation) fixed by the Labour Code and that established by the social security scales, which, in its submission, is causing difficulties in the presentation of pay slips in certain sectors such as hotels. Secondly, the CFDT considers that the wording of section L.143-2 of the Labour Code, which provides that wages must be paid once a month, is ambiguous since it is not clear whether the term "month" means a calendar month or a one-month period between two dates.

The Committee notes that the Government has provided no information on these observations, which the Committee discusses in a direct request.