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

Convention (n° 95) sur la protection du salaire, 1949 - Botswana (Ratification: 1997)

The Committee notes with interest the Government’s first report on the application of the Convention. The Committee would appreciate receiving additional information on the following points.

Article 1 of the Convention. The Committee notes that section 2 of the Employment Act No. 29 of 1982 (Cap.47:01) excludes from the definition of the term "wage" certain elements such as: (i) the value of any house accommodation, supply of light, water, medical attention or any other amenity provided free under the Act or of any service designated by the Minister; (ii) any ex gratia payment or gift or the value of a travelling allowance or concession; (iii) any contribution paid by the employer on his own account to any pension fund or provident fund; and (iv) any severance benefits. The Committee recalls that the Convention, in the interest of affording the broadest possible protection to wage earners, uses the term wage in a generic sense so as to apply to any remuneration or earnings, how ever designated or calculated payable to a worker by virtue of a written or unwritten contract. The Committee hopes, therefore, that the Government will take the necessary measures, on a suitable occasion, to bring the definition of wages in line with that set forth under Article 1 of the Convention.

Article 4. The Committee notes that section 85 of the Employment Act provides for the partial payment of wages in the form of allowances in kind, other than in the form of intoxicating liquor or noxious drugs, on condition that the value of the goods does not exceed 40 per cent of the total cash wage. It also notes that according to the Government’s report, compliance with the conditions laid down in Article 4, paragraph 2(a) and (b), of the Convention is ensured through labour inspections. The Committee would be grateful if the Government could provide additional information on the measures, legislative, administrative or other, seeking to guarantee that the goods supplied to workers in partial payment of wages are of suitable quality and sufficient quantity.

Article 7. The Committee notes that, according to section 87(1) of the Employment Act, employers may establish shops for the sale of provisions generally to their employees but employees may not be compelled by any contract of employment, agreement or order, written or oral, to purchase provisions at any such shop. The Committee requests the Government to indicate the legislative or other provisions prescribing that works stores established and services operated by the employer are not operated for the purpose of securing a profit but for the benefit of the workers concerned and also that goods are sold and services provided at fair and reasonable prices, as required under Article 7, paragraph 2, of the Convention.

Article 10. The Committee notes that, under section 82 of the Employment Act, courts may not make an order of attachment or assignment of the wages of any employee that will seriously jeopardize his well-being or that of the dependent members of his family. The Committee asks the Government to indicate the manner in which and the limits within which the attachment and the assignment of wages are permitted.

Article 14. The Committee notes that there seem to exist no provisions in labour laws or regulations requiring that workers be informed of wage conditions before they enter employment, or of certain wage details for the pay period concerned at the time of each payment. The Committee notes the Government’s reference to the practice of issuing employment cards, as required under section 32 of the Employment Act, but observes that such cards are delivered to workers after they have commenced employment, and not before they enter employment, as stipulated in Article 14(a) of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to give effect to the provisions of the Convention in this respect. In this connection, the Committee wishes to draw the Government’s attention to Paragraphs 6 and 7 of the Protection of Wages Recommendation, 1949 (No. 85), which offer guidance as to the details of the wage conditions which should be brought to the knowledge of the workers and the wage statements which should be issued at the time of each payment of wages in relation to the pay period concerned.

Part V of the report form. The Committee asks the Government to supply detailed information on the application of the Convention in practice including, for instance, extracts of official reports, or statistical information on inspection visits and the enforcement of penalties imposed for breach of wage protection standards.