Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 95) sur la protection du salaire, 1949 - Burkina Faso (Ratification: 1960)

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that the partial payment of wages in the form of food and lodging is permitted under sections 183, 184 and 187 of the new Labour Code of 2008. The Committee notes with interest the adoption of Ministerial Order No. 2009-018/MTSS/SG/DGT/DER of 18 December 2009, determining the conditions for providing regular food supplies and fixing their monetary value, and Ministerial Order No. 2009-019/MTSS/SG/DGT/DER of 18 December 2009, determining the conditions for providing appropriate housing and fixing its monetary value. It also notes, in particular, that the amount to be deducted for every work day cannot be higher than the amount corresponding to two hours’ wages in the case of food supplies and no more than half-an-hour’s wages in the case of housing, both calculated at the minimum guaranteed interoccupational wage (SMIG) rate. Noting that section 187 of the new Labour Code provides for decrees regulating allowances in kind other than food and lodging such as agricultural land, the Committee requests the Government to keep the Office informed of any further developments in this respect.

Article 6 of the Convention. Prohibition on limiting the freedom of workers to dispose of their wages. The Committee notes the Government’s reference to section 203 of the new Labour Code which grants absolute priority to workers’ wage claims in the case of the employer’s bankruptcy and judicial liquidation of his/her assets. The Committee observes, however, that this provision does not guarantee conformity with Article 6 of the Convention. In this connection, it wishes to refer to paragraph 177 of the 2003 General Survey on protection of wages in which it pointed out that Article 6 is aimed at protecting the full discretion of workers as to the use they wish to make of their wages against any kind of duress that an employer might exert in this regard. Its scope is broad enough to include not only earnings that have already been paid, but also to wages still due to the workers. It therefore prohibits both limitations imposed on the freedom of workers to dispose of their wages after they have received them (e.g. the obligation to place part of their earnings in a works saving fund) and limitations applying to workers’ claims in general (agreements regarding wage stoppages or deductions for certain purposes). Noting the Government’s statement that provisions giving effect to this requirement of the Convention will be adopted in the context of formulating regulations for the implementation of the new Labour Code, the Committee requests the Government to keep the Office informed of any progress made in this regard.

Article 10 of the Convention. Attachment and assignment of wages. Further to its previous comments on this point, the Committee notes with interest the adoption of Decree No. 2008-741/PRES/PM/MTSS/MEF/MFPRE/MJ/DEF of 17 November 2008 on attachment, assignment and deductions of wages, which replaces earlier decrees of 1955 and 1973 and which follows the principles of the Uniform Act Organising Simplified Recovery Procedures and Measures of Execution of the Organisation for the Harmonisation of Business Law in Africa (OHADA).