Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Convention (n° 95) sur la protection du salaire, 1949 - Comores (Ratification: 1978)

The Committee takes note of the information supplied by the Government in reply to its previous comments concerning Articles 3(2), 11(1) and 14(a) of the Convention, and requests the Government to supply further information on the following points:

Article 4 of the Convention. The Government indicates in its report that in some projects financed by international organisations, wages are paid partially or wholly in kind and that the workers concerned more often than not sell the products thus received at the market price. It further states that the value attributed to allowances in kind corresponds to the amount of wages if they were to be paid in cash and that no regulation has been issued under sections 98 and 99 of the Labour Code.

The Committee notes this information and recalls that this Article of the Convention only permits the partial payment of wages in the form of allowances in kind (paragraph 1) and that where such payment is authorised, measures should be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his family (paragraph 2(a)). Please provide information on measures taken or envisaged to give effect to these provisions of the Convention.

Articles 8, 10 and 11(3). The Committee notes that no regulation has been issued under section 113 of the Labour Code to establish the portions of wages subject to progressive deductions and the corresponding rates (Article 8(1)). It also notes that these portions would, in pursuance of section 108 of the Labour Code, consequently determine the portion of wages not attachable (Article 10) and the portion of wages that would constitute privileged debts against any other debts (Article 11(3)). The Committee hopes that such regulations will soon be adopted so as to give full effect to these provisions of the Convention. It also requests the Government to indicate any measures adopted for informing workers of the conditions under which and the extent to which deductions from wages may be made (Article 8(2)).

Article 9. The Committee notes the Government's indication that no recourse has been had to the provisions of section 93 of the Labour Code which allows an employer to receive security from a worker in the form of cash or legal paper under authorisation from the labour inspector, and that the Government has the intention to take measures in the future to regulate such authorisation. The Committee hopes that such measures will soon be taken so as to ensure the application of this Article of the Convention and requests the Government to supply information on any progress made in this connection.

Article 14(b). The Committee notes the Government's intention to adopt regulations under section 105 of the Labour Code so as to establish the composition of workers' individual payslips, and requests the Government to provide a copy when adopted.