Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre la protección del salario, 1949 (núm. 95) - Senegal (Ratificación : 1960)

Article 6 of the Convention. Freedom of workers to dispose of their wages. The Committee notes the Government’s indications that articles L.129–L.134 of the Labour Code, the Uniform Act of the Organization for the Harmonization of Business Law in Africa and the relevant provisions of the Commercial Code, the Civil Code and the Code on Civil Procedure, guarantee the freedom of workers to dispose of their wages. The Committee recalls, however, that as mentioned in paragraph 210 of the 2003 General Survey on protection of wages, “nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form or manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention”. The Committee trusts that if in the future any problem should arise in connection with the practical application of Article 6, the Government will take the necessary legislative measures to ensure its implementation and will provide full information thereon.

Article 8. Authorized deductions from wages. The Committee notes the Government’s renewed reference to section L.130 of the Labour Code on permissible deductions from wages. The Committee wishes to refer, in this respect, to paragraph 217 of the abovementioned General Survey, in which it explained the rationale underlying this provision of the Convention. In fact, the exclusive reference to national law or regulations, collective agreements and arbitration awards as being the only valid bases for effecting deductions from wages, aims to exclude “private” arrangements which might involve unlawful or abusive deductions to the detriment of the worker’s earnings. In the Committee’s view, provisions of national legislation which permit deductions by virtue of individual agreement or consent are not compatible with this Article of the Convention. As regards deductions for deposits (consignations) set out in individual agreements, the Committee considers that the level of protection required by the Convention would only be obtained if the types of deposits, which could amount to authorized deductions, as well as the procedures involved, were specifically spelled out in relevant laws or regulations. The Committee accordingly requests the Government to consider appropriate steps in order to ensure that the national legislation is brought into full conformity with the Convention on this point.