Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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

Articles 4 and 14(b) of the Convention. Partial payment of wages in kind. The Committee refers to its previous comment on the evaluation of accommodation as a benefit in kind provided to workers paid the minimum wage (SMIC), principally in hotels, cafés and restaurants. The Committee notes the detailed explanations provided by the Government, according to which the workers concerned receive, following the deduction of the value of the accommodation, wages in cash that are equal (to within 0.60 euros) to the SMIC under the terms of section D.141-9 of the Labour Code, whereas if the evaluation of this benefit in kind was aligned with its level under social security law, they would receive cash remuneration that was at least 60 euros less per month. It is therefore clear, as illustrated by the Government’s report, that the currently applicable rule favours workers who are paid the SMIC, who account for over 40 per cent of the workers employed in the hotel, cafés and restaurants sector.

Article 10. Attachment and assignment. The Committee notes the adoption of Decree No. 2005-1537 of 8 December 2005 determining the proportions in which annual remuneration may be attached or assigned. It also notes that the thresholds determined by this Decree are increased by an amount of 1,220 euros for each dependant of the debtor subject to assignment or attachment. The Committee further notes the Government’s indications that these proportions are modified on an annual basis. It requests the Government to continue providing updated information on the modalities and limits within which wages may be attached or assigned.

Article 12, paragraph 1. Payment of wages regularly. The Committee notes the information provided by the Government in reply to its previous comment and, in particular, the ruling by the Court of Cassation, Criminal Chamber, of 3 June 1982, a copy of which is attached to the report. The Court of Cassation set aside an appeal against a decision by the Court of Appeal of Caen, which had found an employer guilty of failure to pay at least once a month the wages of 86 employees and sentenced the employer to civil compensation, as the workers concerned had not received wages between 31 December 1979 and 6 February 1980. In the light of this very firm case law of the Court of Cassation, the Committee understands that, although the wording of section L.143-2 of the Labour Code, under which wages shall be paid once a month, may be subject to a certain ambiguity as it does not specify whether the period in question is a calendar month or a 30-day period, this ambiguity does not appear in practice to prejudice the workers concerned. The Committee requests the Government to provide any other relevant information on the effect given in practice to section L.143-2 of the Labour Code.

Part V of the report form. The Committee requests the Government to provide material enabling it to have a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services containing information on the number and nature of infringements reported to the legislation on the protection of wages, and on the measures adopted to bring them to an end.