Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

Convention (n° 95) sur la protection du salaire, 1949 - Nicaragua (Ratification: 1976)

The Committee notes the Government’s report.

Article 6 of the Convention. The Committee notes that, notwithstanding the provisions of article 17(a), (b) and (r) of the Labour Code, there does not appear to exist in national laws and regulations any provision explicitly prohibiting the employer from limiting in any manner the freedom of the worker to dispose of his/her wages, as required under the relevant provision of the Convention. The Committee requests once again the Government to take the necessary measures in order to bring its legislation into conformity with the Convention in this respect.

Article 7. The Committee notes that the various examples of collective agreements supplied by the Government in its report contain provisions which seem to relate more to allowances in kind, i.e. goods received by the worker or his/her family in the way of groceries or food for their immediate personal consumption than to the establishment of works stores for the sale of commodities to the workers or other related services. The Committee asks the Government to supply additional information on the practice of works stores or services, and also to indicate any specific measures to ensure that the workers are not coerced to make use of them.

Article 10. The Committee notes the Government’s indication that under article 3 of the Minimum Wage Act the minimum wage is unattachable unless this is necessary to meet the worker’s obligation to provide for the needs of his/her family and dependants. However, the Committee recalls that Article 10 of the Convention does not seek to protect minimum wages only but wages in general. Therefore, the Committee requests the Government to take the necessary measures in order to bring the national legislation into full conformity with the Convention with regard to attachment or assignment of wages.