Solicitud directa (CEACR) - Adopción: 1995, Publicación: 83ª reunión CIT (1996)

Convenio sobre la protección del salario, 1949 (núm. 95) - Federación de Rusia (Ratificación : 1961)

With reference to its previous comments, the Committee requests the Government to provide further information on the following points.

Article 3, paragraph 2, in connection with Article 6, of the Convention. In its previous report, the Government stated that enterprises may pay wages through savings banks or by bank cheque. Under the Convention, payment by bank cheque or postal cheque or money order may be permitted or prescribed only in cases in which payment in this manner is customary or is necessary because of special circumstances. The Committee again requests the Government to indicate whether such a form of payment is customary in the industries concerned and what special circumstances, inherent to the work relationships in question, necessitate this form of payment of wages.

Please also indicate whether in cases of payment of wages through savings banks the freedom of the worker to dispose of his wages, as required under Article 6, is guaranteed to full extent and at any time.

Article 4, paragraph 1. According to the Government's previous report, enterprises may make partial payment of wages in kind. The Committee again asks it to indicate the national laws or regulations, collective agreements or arbitration awards authorizing such payment. Please also indicate the industries or occupations in which such payment is customary or desirable because of the nature of the industry or occupation concerned, in accordance with this provision of the Convention. The Committee further requests the Government to indicate what measures, in accordance with paragraph 2, have been taken to ensure that:

(a) such allowances are appropriate for the personal use and benefit of the worker and his family; and

(b) the value attributed to such allowances is fair and reasonable.

Article 8. With respect to the "index-linking of deposited wages", the Committee again requests the Government to indicate whether the indexing of deposited wages in its present form may eventually lead to an indirect deduction from the wages due to the worker. If such deductions occur, in what manner are the workers informed, in accordance with paragraph 2, of the conditions under which and the extent to which such deductions are being made?

Article 11. The Committee has noted that, under section 30, subsection 2 of the Act respecting insolvency (bankruptcy) of enterprises, wages have a relative priority over certain other debts in a bankruptcy procedure, but only after the cost of the bankruptcy procedure and of the receivership, the cost of the operation of the insolvent enterprise and after the payment of obligations to persons who have suffered injury to their health or lives. The Committee again requests the Government to clarify whether the "cost of the operation of the bankrupt enterprise", to be given preference over the workers' wages, is limited to the period after the declaration of bankruptcy or whether it also includes cost incurred before the bankruptcy procedure.