Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Convention (n° 95) sur la protection du salaire, 1949 - France (Ratification: 1952)

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.