Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages in industry) and 95 (protection of wages) together.

Minimum wages

Article 3 of Convention No. 26. Minimum wage-fixing machinery. Method of operation and consultations with the social partners. Further to its previous comments, the Committee notes that the Government’s report does not contain any relevant information on the operation of the Higher Council of Wages in practice and the work it has carried out regarding the minimum wage, as well as on any subsequent decisions adopted in this regard. The Committee requests the Government to provide full details on the functioning of the above-mentioned Council, and to indicate the last time the minimum wage or minimum wages have been readjusted in the country. The Committee also requests the Government to provide any relevant piece of legislation in this respect.

Protection of wages

Articles 2, 4 and 6 of Convention No. 95. Scope of application. Partial payment of wages in kind. Freedom of workers to dispose of their wages. Further to its previous comments, the Committee notes that the Government does not provide any relevant information concerning progress made in this regard. The Committee also notes that the Government indicates that the process of reviewing the Labour Law is under way to ensure greater protection of wages, but that it has been greatly affected by the ongoing events in the country. The Committee requests the Government to indicate the measures taken or envisaged, including the reform of the Labour Law or the adoption of any other relevant legislation, to give effect to these Articles of the Convention in law and in practice.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages) and 95 (protection of wages) together.

The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Minimum wage

Article 3 of Convention No. 26. Minimum wage-fixing machinery. Method of operation and consultations with the social partners. Further to its previous comments, the Committee notes the Government’s indication in its report that: (i) in practice, the social partners participate equally in tribunals established under the Wages and Conditions of Employment Tribunals Act, 1976, to determine minimum wage rates for certain categories of workers; and (ii) work was under way to amend that Act to reflect the current practice. It also notes the information available on the composition and mandate of the Higher Council on Wages, as contained in the Higher Council on Wages Act, 2004. It notes in particular that one of the objectives of the Council is to propose and track the economic and social variables affecting the minimum wage (section 5 of the 2004 Act) and that in order to perform its work, the Council has the power to make occasional recommendations on the minimum wage level in the public and private sectors (section 6(j) of the 2004 Act). The Committee requests the Government to provide information on the operation of the Higher Council of Wages in practice and the work it has carried out regarding the minimum wage, as well as on any subsequent decisions adopted in this regard.

Protection of wages

Labour law reform. In its previous comments, the Committee noted the Government’s reference to a revision process relating to the Labour Code, which is the main legislation implementing Convention No. 95. As it had been drawing the Government’s attention to issues of conformity concerning the application of various provisions of the Convention, the Committee requested the Government to ensure that the revision process would lead to greater compliance in this regard. The Committee notes that the Government does not refer to the revision process in its report and that no information is available on progress made towards the finalization of the reform. In this context, it reminds the Government of the possibility of availing itself of ILO technical assistance and requests the Government to take the necessary measures to give effect to the points raised below. It requests the Government to provide information in this regard.

Article 2 of the Convention. Scope of application. The Committee recalls that under section 3 of the Labour Code, various categories of workers are excluded from its scope of application, including public servants, domestic workers, certain agricultural workers and casual workers. The Committee recalls that the Convention applies to all persons to whom wages are paid or payable. It also recalls the limited and provisional nature of the exemptions permitted under the Convention. The Committee requests the Government to consider extending the protection of the Labour Code to the above workers. Where exclusions remained, it requests the Government to take the necessary measures to ensure that the workers concerned benefit from the protection afforded by the Convention.

Article 4. Partial payment of wages in kind. The Committee notes that section 35(1) of the Labour Code authorizes payments in kind without however prescribing any conditions for such payments. It notes that the Government indicates that in practice payments in kind do not exceed 20 per cent of the total wage. Recalling that Article 4 provides that appropriate measures must be taken to ensure that the value attributed to allowances in kind is fair and reasonable, the Committee considers that a limit based on practice is not sufficient to ensure the effective implementation of this Article. The Committee requests the Government to take the necessary measures to give full effect to this provision.

Article 6. Freedom of workers to dispose of their wages. The Committee notes that the prohibition for employers to limit in any manner the freedom of workers to dispose of their wages is not contained in the Labour Code. The Committee requests the Government to consider inserting such a provision in any revision of the Labour Code.

Article 10. Attachment of wages. Further to its previous comments, the Committee notes the Government’s indication that the attachment of wages is only possible for the payment of maintenance allowances following a court’s decision.

Article 14. Payslips. Further to its previous comments, the Committee notes the Government’s indication that the notification of the receipt of wages is in the form of a pay stub issued when the worker receives the wage.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages) and 95 (protection of wages) together.

The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Minimum wage

Article 3 of Convention No. 26. Minimum wage-fixing machinery. Method of operation and consultations with the social partners. Further to its previous comments, the Committee notes the Government’s indication in its report that: (i) in practice, the social partners participate equally in tribunals established under the Wages and Conditions of Employment Tribunals Act, 1976, to determine minimum wage rates for certain categories of workers; and (ii) work was under way to amend that Act to reflect the current practice. It also notes the information available on the composition and mandate of the Higher Council on Wages, as contained in the Higher Council on Wages Act, 2004. It notes in particular that one of the objectives of the Council is to propose and track the economic and social variables affecting the minimum wage (section 5 of the 2004 Act) and that in order to perform its work, the Council has the power to make occasional recommendations on the minimum wage level in the public and private sectors (section 6(j) of the 2004 Act). The Committee requests the Government to provide information on the operation of the Higher Council of Wages in practice and the work it has carried out regarding the minimum wage, as well as on any subsequent decisions adopted in this regard.

Protection of wages

Labour law reform. In its previous comments, the Committee noted the Government’s reference to a revision process relating to the Labour Code, which is the main legislation implementing Convention No. 95. As it had been drawing the Government’s attention to issues of conformity concerning the application of various provisions of the Convention, the Committee requested the Government to ensure that the revision process would lead to greater compliance in this regard. The Committee notes that the Government does not refer to the revision process in its report and that no information is available on progress made towards the finalization of the reform. In this context, it reminds the Government of the possibility of availing itself of ILO technical assistance and requests the Government to take the necessary measures to give effect to the points raised below. It requests the Government to provide information in this regard.

Article 2 of the Convention. Scope of application. The Committee recalls that under section 3 of the Labour Code, various categories of workers are excluded from its scope of application, including public servants, domestic workers, certain agricultural workers and casual workers. The Committee recalls that the Convention applies to all persons to whom wages are paid or payable. It also recalls the limited and provisional nature of the exemptions permitted under the Convention. The Committee requests the Government to consider extending the protection of the Labour Code to the above workers. Where exclusions remained, it requests the Government to take the necessary measures to ensure that the workers concerned benefit from the protection afforded by the Convention.

Article 4. Partial payment of wages in kind. The Committee notes that section 35(1) of the Labour Code authorizes payments in kind without however prescribing any conditions for such payments. It notes that the Government indicates that in practice payments in kind do not exceed 20 per cent of the total wage. Recalling that Article 4 provides that appropriate measures must be taken to ensure that the value attributed to allowances in kind is fair and reasonable, the Committee considers that a limit based on practice is not sufficient to ensure the effective implementation of this Article. The Committee requests the Government to take the necessary measures to give full effect to this provision.

Article 6. Freedom of workers to dispose of their wages. The Committee notes that the prohibition for employers to limit in any manner the freedom of workers to dispose of their wages is not contained in the Labour Code. The Committee requests the Government to consider inserting such a provision in any revision of the Labour Code.

Article 10. Attachment of wages. Further to its previous comments, the Committee notes the Government’s indication that the attachment of wages is only possible for the payment of maintenance allowances following a court’s decision.

Article 14. Payslips. Further to its previous comments, the Committee notes the Government’s indication that the notification of the receipt of wages is in the form of a pay stub issued when the worker receives the wage.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 4 of the Convention. Partial payment of wages in kind. For the last ten years, the Government has been indicating that the Labour Act 1997 is being revised and that in formulating the new draft labour legislation due account is taken of all the points raised in the Committee’s previous comments. The Committee notes, however, that in its last report, the Government no longer refers to the revision process.

With regard to the partial payment of wages in kind, the Committee notes that section 35(1) of the Labour Act 1997 provides that wages must be paid in cash, except for allowances for food, fuel, housing, transport or clothing which may be paid in kind without specifying however the maximum proportion of the money wages which may be replaced by benefits in kind, or the method of calculating the cash value of benefits in kind so as to ensure that the value attributed to them is fair and reasonable. The Committee requests the Government to take appropriate measures to ensure that the relevant provisions of the Labour Act give full effect to Article 4 of the Convention.

Article 10. Conditions and limits for attachment or assignment of wages. The Committee notes that although section 67 of the Labour Act states that any contract of employment under which a worker undertakes to concede to his/her employer all or part of the sums due to him or her in connection with employment shall be deemed null and void, and shall not be enforced by courts, no provision is made for an overall limit on the amount of wages which may be attached or assigned. The Committee accordingly requests the Government to indicate any measures taken or envisaged with a view to limiting the attachment or assignment of wages to the extent deemed necessary for the maintenance of the workers and their families, as required under Article 10 of the Convention.

Article 14. Notification of wage conditions and statement of earnings. The Committee notes that section 35(4) of the Labour Act provides that where an agreement between an employer and a worker is concluded to transfer a worker from a system of monthly remuneration to a system of daily, weekly or fortnightly pay, the worker shall maintain the rights he/she acquired during the period he/she worked on the basis of monthly pay. The Committee also notes that under section 65 of the Labour Act, every employer is obliged to keep records, including particulars on wages and deductions, and that such records must be kept for at least one year after termination of the employment contract. The Committee notes, however, that the Labour Act does not seem to address the issue of notification of wage conditions prior to the beginning of employment, or the wage statement to be issued at the time of each payment of wages. The Committee accordingly requests the Government to indicate how it is ensured that workers are informed in an appropriate and easily understandable manner of their wage conditions before they enter into employment, and of the particulars of their wages for the pay period concerned at the time of each payment of wages, as provided for in Article 14 of the Convention.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Minimum wage-fixing machinery. Method of operation and consultations with the social partners. The Committee has been drawing the Government’s attention for years to the need to modify section 4 of the Wages and Conditions of Employment Tribunals Act of 1976, which does not provide for equal representation of employers’ and workers’ organizations in the composition of wages tribunals. The Committee notes, in this respect, that the legislation which is referenced in the Government’s latest report does not, in fact, appear to provide for any such guarantees of equal representation. Thus, the Government states that section 5 of the Minimum Standard of Wages Act of 1974 mandates the formation of a committee comprising employers’ and workers’ representatives and the Government. However, the Committee notes that there is no such mention of a tripartite committee in the Minimum Standard of Wages Act, which actually authorizes the Commissioner of Labour, or anyone acting on his behalf, to solely decide any disputes concerning the minimum wage. The Government also refers to the 1997 Labour Code, in particular section 106, which purports to ensure the participation of the social partners on an equal basis in the minimum wage-fixing process. The Committee observes, however, that no such provision appears under section 106, which regulates conciliation procedures for labour disputes and merely permits the two parties to a dispute to submit, by themselves or through their representatives, an application to the competent authority to settle the dispute amicably. In addition, the Committee notes the Government’s indication that the High Council for Wages reviews minimum wage levels on an annual basis and formulates recommendations for the increase of the minimum wage rate in the public and the private sectors according to the cost of living. The Committee accordingly asks the Government to take all appropriate measures to ensure in law and in practice that employers’ and workers’ organizations are associated with the operation of the minimum wage-fixing process in equal numbers and on equal terms, as prescribed by the Convention. The Committee also asks the Government to provide full particulars on the composition, mandate, and effective operation of the High Council for Wages, and to transmit a copy of the legal instrument(s) establishing the minimum wage rate(s) currently in force.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 4, 6, 8, 10, 13 and 14 of the Convention. Revision of the labour legislation. The Committee has been commenting for some years on numerous divergences that persist between the Labour Act 1997 currently in force and certain provisions of the Convention. In its last report, the Government confined itself to reiterating that a tripartite committee had been set up to prepare a new consolidated draft Labour Code and that technical assistance had already been received from the Office to this effect. The Committee asks the Government to keep the Office informed of the revision process and to transmit a copy of the new draft Labour Act, once it has been finalized. In particular, the Committee asks the Government to indicate whether the new labour legislation is expected to extend its coverage to agricultural and other categories of workers currently excluded, and how it is intended to give effect to the specific requirements of Articles 4 (partial payment of wages in kind), 6 (freedom of workers to dispose of their wages), 8 (deductions from wages based on individual agreement), 10 (conditions and limits of attachment of wages), 13 (place of wage payment) and 14 (notification of wage conditions and statement of earnings) of the Convention.

The Committee recalls, in this connection, that the General Survey of 2003 on the protection of wages contains documented information and practical guidance as to how legislative conformity with the Convention may be attained. It also recalls that the Government may continue to draw upon the technical advice and expertise of the Office on these matters, if it so wishes.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 3, paragraph 2(2), of the Convention. Consultation and participation of employers and workers. The Committee has been commenting for many years on section 4 of the Wages and Conditions of Employment Tribunals Act of 1976 which, contrary to the Wages Tribunal Ordinance of 1952, does not provide for equal representation of employers’ and workers’ organizations in the wages tribunals. The Government has indicated on several occasions that, in practice, employers’ and workers’ representatives have always participated in equal numbers in the operation of minimum wage fixing bodies but gave assurances that the relevant provision in the legislation would still be amended to give effect to the provisions of the Convention. In this regard, the Committee wishes to stress that the requirement for genuine and effective consultations with employers’ and workers’ organizations and their participation in equal numbers and on equal terms in the minimum wage fixing process is a key element of the Convention. The Committee trusts that the Government will provide in its next report full particulars on the effect given to the requirements of Article 3 of the Convention, in law and practice.

In addition, the Committee notes that the information contained in the Government’s reports is often fragmentary, undocumented and fails to give a comprehensive picture of the minimum wage system in the country. The Committee understands that minimum wage rates are fixed: (i) at the national level under the Minimum Wage Act of 1974, as amended, for enterprises employing more than ten employees; (ii) by wages tribunals under the Wages and Conditions of Employment Tribunals Act of 1976 for specific categories of workers; and (iii) through collective bargaining. The Committee also understands that the national monthly minimum wage is currently set at 200 Sudanese pounds (approximately US$45). The Committee would be grateful if the Government would specify in its next report whether the different minimum wage fixing methods mentioned above are still in effect, and also provide copies of all relevant legal instruments establishing minimum wage rates currently in force.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3, paragraph 2(2), of the Convention. Consultation and participation of employers and workers. The Committee has been commenting for many years on section 4 of the Wages and Conditions of Employment Tribunals Act of 1976 which, contrary to the Wages Tribunal Ordinance of 1952, does not provide for equal representation of employers’ and workers’ organizations in the wages tribunals. The Government has indicated on several occasions that, in practice, employers’ and workers’ representatives have always participated in equal numbers in the operation of minimum wage fixing bodies but gave assurances that the relevant provision in the legislation would still be amended to give effect to the provisions of the Convention. In this regard, the Committee wishes to stress that the requirement for genuine and effective consultations with employers’ and workers’ organizations and their participation in equal numbers and on equal terms in the minimum wage fixing process is a key element of the Convention. The Committee trusts that the Government will provide in its next report full particulars on the effect given to the requirements of Article 3 of the Convention, in law and practice.

In addition, the Committee notes with regret that the information contained in the Government’s reports is often fragmentary, undocumented and fails to give a comprehensive picture of the minimum wage system in the country. The Committee understands that minimum wage rates are fixed: (i) at the national level under the Minimum Wage Act of 1974, as amended, for enterprises employing more than ten employees; (ii) by wages tribunals under the Wages and Conditions of Employment Tribunals Act of 1976 for specific categories of workers; and (iii) through collective bargaining. The Committee also understands that the national monthly minimum wage was set at 200 Sudanese pounds (approximately US$100) in 2006 against 162.5 Sudanese pounds (approximately US$81) in 2005 and 125 (approximately US$62) in 2004. The Committee would be grateful if the Government would specify in its next report whether the different minimum wage fixing methods mentioned above are still in effect, and also provide copies of all relevant legal instruments establishing minimum wage rates currently in force.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 4, 6, 8, 10, 13 and 14 of the Convention. Revision of the labour legislation. The Committee has been commenting for some years on numerous divergences that persist between the Labour Act 1997 currently in force and certain provisions of the Convention. In its last report, the Government confined itself to reiterating that a tripartite committee had been set up to prepare a new consolidated draft Labour Code and that technical assistance had already been received from the Office to this effect. The Committee asks the Government to keep the Office informed of the revision process and to transmit a copy of the new draft Labour Act, once it has been finalized. In particular, the Committee asks the Government to indicate whether the new labour legislation is expected to extend its coverage to agricultural and other categories of workers currently excluded, and how it is intended to give effect to the specific requirements of Articles 4 (partial payment of wages in kind), 6 (freedom of workers to dispose of their wages), 8 (deductions from wages based on individual agreement), 10 (conditions and limits of attachment of wages), 13 (place of wage payment) and 14 (notification of wage conditions and statement of earnings) of the Convention.

The Committee recalls, in this connection, that the General Survey of 2003 on the protection of wages contains documented information and practical guidance as to how legislative conformity with the Convention may be attained. It also recalls that the Government may continue to draw upon the technical advice and expertise of the Office on these matters, if it so wishes. The Committee hopes that the Government will make every effort to provide in its next report a detailed response to all the points raised above.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3, paragraph 2(2), of the Convention. The Committee recalls that for many years it has been drawing the Government’s attention to section 4 of the Wages and Conditions of Employment Committees Act of 1976, which should be amended to ensure the participation, in equal numbers and on an equal footing, of the employers and workers concerned in the operation of the minimum wage fixing machinery. In this respect, the Government’s reports have been announcing for over 20 years the establishment of a tripartite commission to bring the national legislation into conformity with the Convention. The Committee notes with regret that, despite the commitments that it has made in this respect on many occasions, the Government has still not been able to make the amendments necessary to bring the national legislation into conformity with the Convention. Recalling both the spirit and the letter of the Convention and paragraph 425 of its General Survey of 1992 on minimum wages, in which it strongly urges governments to take the necessary action to ensure that the participation of the social partners in the operation of minimum wage machinery is useful and effective and on an equal footing, the Committee requests the Government to take all the necessary measures without further ado to bring the national legislation fully into conformity with the Convention. It expresses the firm hope that the Government will be in a position to indicate in its next report the progress achieved with a view to ensuring the effective participation of employers’ and workers’ organizations, in equal numbers and on an equal footing, in the national minimum wage fixing machinery.

Article 5 of the Convention and Part V of the report form. While noting the information provided by the Government in its last reports, and particularly the decision of 2000 adjusting minimum wages on the basis on the Minimum Wage Act of 1974, the Committee would be grateful if the Government would specify in its next report all the minimum wage rates applicable both under the Minimum Wage Act and the Act on Wages and Conditions of Employment Committees of 1976. It would also be grateful to be provided with any other relevant information enabling it to assess the manner in which the Convention is applied in practice, including extracts from the reports of the inspection services concerning compliance with minimum wages and, where appropriate, the measures taken when violations have been found and the number of workers actually covered by the minimum wage regulations.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s earlier indication that following the conclusion of the Naivasha Comprehensive Peace Agreement and the promulgation of a transitional constitution in 2005, a tripartite committee has undertaken the revision of the labour legislation and the preparation of a consolidated Labour Code. The Committee also notes the Government’s statement that in formulating the draft new Labour Code, due account was taken of all the points raised in previous comments and therefore the new legislation is expected to give full effect to the requirements of Articles 3 (payment in legal tender), 6 (freedom of workers to dispose of their wages), 13, paragraph 2 (place of wage payment), and 14 (notification of wage conditions and statement of earnings). The Committee would be interested in receiving an advance copy of the draft text, and recalls that the Government may avail itself, if it so wishes, of the advisory services of the Office in finalizing the new Labour Code.

Moreover, the Committee draws once more the Government’s attention to the 2003 General Survey on the protection of wages, which reviews relevant State practice in length and gives guidance on possible ways in which legislative conformity with the Convention may be achieved. The Committee hopes that in its next report the Government will be in a position to provide full particulars on all the matters on which the Committee has been commenting for some time past.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information contained in the Government’s report, in particular, that following the conclusion of the Naivasha Comprehensive Peace Agreement and the promulgation of a transitional constitution in 2005, a tripartite committee has undertaken the revision of the labour legislation and the preparation of a consolidated Labour Code. The Committee also notes the Government’s statement that in formulating the draft new Labour Code, due account was taken of all the points raised in previous comments and therefore the new legislation is expected to give full effect to the requirements of Articles 3 (payment in legal tender), 6 (freedom of workers to dispose of their wages), 13, paragraph 2 (place of wage payment), and 14 (notification of wage conditions and statement of earnings). The Committee would be interested in receiving an advance copy of the draft text, and recalls that the Government may avail itself, if it so wishes, of the advisory services of the Office in finalizing the new Labour Code.

Moreover, the Committee draws once more the Government’s attention to the 2003 General Survey on the protection of wages, which reviews relevant State practice in length and gives guidance on possible ways in which legislative conformity with the Convention may be achieved. The Committee hopes that in its next report the Government will be in a position to provide full particulars on all the matters on which the Committee has been commenting for some time past.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the succint report of the Government replies only partially to its previous observation. The Committee regrets that despite repeated comments, numerous divergencies in the national legislation continue to exist and the Government is still unable to take remedial action in a prompt manner. The Committee hopes that, in the interest of maintaining a meaningful dialogue with the supervisory organs of the ILO, the Government will make every effort to ensure closer conformity with the Convention in the very near future.

Following up on its previous observation concerning the scope of application of the Convention within the meaning of Article 2, the Committee notes the Government’s statement that the new draft Labour Code, which is in the process of adoption, covers agricultural workers and that the Domestic Service Act of 1995 is being revised. The Committee asks the Government to transmit copies of the new legislation as soon as it is adopted. It would also appreciate receiving information on any progress made towards the extension of the application of the Convention to other categories of workers currently excluded from its coverage.

For the remainder, the Committee notes that the Government’s report provides very little information on the application of Articles 3 (payment in legal tender), 4 (partial payment of wages in kind), 6 (freedom of workers to dispose of their wages), 7 (regulation of works stores), 8 (deductions from wages), 10 (attachment or assignment of wages), 13, paragraph 2 (place of wage payment), 14 (notification of wage conditions and statement of earnings) and 15(d) (maintenance of records). As the Government does not appear to have taken into account the Committee’s earlier comments in respect of these Articles, the Committee is obliged to reiterate its request for appropriate action in order to bring the national legislation into line with the requirements of the Convention. The Committee recalls that the Government may avail itself of the technical assistance of the Office, if it so wishes, in relation to the matters raised above. It also recalls that the Government may find useful guidance in the Committee’s 2003 General Survey on the protection of wages which offers a global view of the effect given in law and practice to this Convention and may thus contribute to a better understanding of the principles and rules set out therein.

[The Government is asked to reply in detail to the present comments in 2006.]

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report.

Article 3, paragraph 2(2), of the Convention. The Committee recalls that for many years it has been drawing the Government’s attention to section 4 of the Wages and Conditions of Employment Committees Act of 1976, which should be amended to ensure the participation, in equal numbers and on an equal footing, of the employers and workers concerned in the operation of the minimum wage fixing machinery. In this respect, the Government’s reports have been announcing for over 20 years the establishment of a tripartite commission to bring the national legislation into conformity with the Convention. The Committee notes with regret that, despite the commitments that it has made in this respect on many occasions, the Government has still not been able to make the amendments necessary to bring the national legislation into conformity with the Convention. Recalling both the spirit and the letter of the Convention and to paragraph 425 of its General Survey of 1992 on minimum wages, in which it strongly urges governments to take the necessary action to ensure that the participation of the social partners in the operation of minimum wage machinery is useful and effective and on an equal footing, the Committee requests the Government to take all the necessary measures without further ado to bring the national legislation fully into conformity with the Convention. It expresses the firm hope that the Government will be in a position to indicate in its next report the progress achieved with a view to ensuring the effective participation of employers’ and workers’ organizations, in equal numbers and on an equal footing, in the national minimum wage fixing machinery.

Article 5 of the Convention and Part V of the report form. While noting the information provided by the Government in its last reports, and particularly the decision of 2000 adjusting minimum wages on the basis on the Minimum Wage Act of 1974, the Committee would be grateful if the Government would specify in its next report all the minimum wage rates applicable both under the Minimum Wage Act and the Act on Wages and Conditions of Employment Committees of 1976. It would also be grateful to be provided with any other relevant information enabling it to assess the manner in which the Convention is applied in practice, including extracts from the reports of the inspection services concerning compliance with minimum wages and, where appropriate, the measures taken when violations have been found and the number of workers actually covered by the minimum wage regulations.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information sent by the Government in its report. It notes with regret that the national legislation has been amended to take account of the comments it has been making for many years. It must therefore request the Government to provide fuller information on the points below, and hopes that specific measures will be taken as swiftly as possible to bring the legislation into conformity with the requirements set by the Convention.

Article 2 of the Convention. The Committee recalls that in its previous comments it noted that section 3(f), (g), (i) and (j) of the 1997 Labour Code excluded the following categories of workers from the scope of the Code: domestic servants; agricultural workers other than those employed in the operation, repair and maintenance of machinery, or in enterprises which process or market agricultural products such as cotton, or in dairy product factories, or in jobs related to the administration of agricultural projects including office work, accountancy, storage, gardening and livestock husbandry; casual workers; any categories of persons excluded totally or partially from the provisions of the Code by order of the Council of Ministers. Recalling that the Convention applies to all persons to whom wages are paid or payable, the Committee again requests the Government to indicate, in accordance with paragraph 4 of this provision, the measures taken or envisaged to extend the protection of the new Labour Code to the abovementioned workers or to apply in some other manner the protection afforded to these workers by this Article of the Convention.

The Government indicates in its report that a tripartite committee has been established to study the possibility of bringing certain agricultural workers within the scope of the labour law. The Committee observes that the Government already envisaged such a possibility for these workers in 1994. It hopes that the tripartite committee will soon be in a position to obtain results and afford these workers the protection they are entitled to under the Convention. The Committee also recalls that certain agricultural workers, casual workers and any other categories of workers to whom the Labour Code does not apply, either in part or in full, have for many years been excluded from the national laws and regulations governing wage protection, although the Government has stated time and again its intention to extend such protection to them. The Committee stresses once again that the Convention applies to all persons to whom wages are paid or payable and requests the Government to take all necessary steps to extend to all workers the wage protection afforded by the Convention.

Article 3. The Committee notes the Government’s indication in its report that the absence of provisions in the Labour Code does not mean that wages can be paid by means other than cash. The Committee would point out, however, that under this provision of the Convention the payment of wages in the form of promissory notes, vouchers, coupons or in any other form alleged to represent legal tender, must be prohibited. Accordingly, to be consistent with the Convention the national legislation must expressly establish such a prohibition. The Committee requests the Government to take all necessary steps to ensure that effect is given to the Convention in this regard.

Article 4. Recalling that section 35(1) of the Labour Code authorizes payments in cash without prescribing any conditions for such payments, the Committee notes the Government’s statement that payments in kind under section 35(1) apply only in establishments that provide housing, food, fuel and uniforms to workers. The Government further indicates that this type of payment is not automatic in all such establishments, and gives assurances that the partial payment of wages in kind in the forms mentioned above is better for workers than cash payments. The Committee notes, however, that the Government’s report makes no mention of the draft new regulations on the payment of wages in kind referred to in its previous report. It wishes to point out that, under the Convention, where part payment of wages in kind is allowed in certain industries or occupations, measures must be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his/her family and that their value is fair and reasonable (paragraph 2). The Committee accordingly asks the Government to take the necessary measures in the very near future to bring the national legislation into line with this provision of the Convention.

Article 6. The Committee notes the Government’s statement that it intends to take the Committee’s previous observations on this provision of the Convention into consideration in amendments to the Labour Code or regulations issued thereunder. It hopes that the Government will be in a position in the very near future to take the necessary measures to prohibit employers from limiting in any manner the freedom of workers to dispose of their wages as they see fit.

Article 7. The Committee notes that, according to the Government, works stores are regulated by initiatives of the trade unions within the framework of the legislation on cooperatives. It asks the Government to provide copies of the relevant texts so that it may ascertain whether they comply with the provisions of this Article of the Convention.

Article 8. The Government indicates in its report that the provision of loans is governed by special contracts which establish ways of reimbursement in accordance with the law. The Committee states, however, that the Government’s report does not specify, as the Committee requested, the types and extent of deductions from wages prescribed by national legislation, or the manner in which workers are to be informed of the conditions and limits within which deductions may ordinarily be made. The Committee consequently urges the Government to indicate the measures taken or envisaged to ensure that full effect is given to the provisions of this Article.

Article 10. The Committee notes that the Government again refers to section 67 of the Labour Code which offers limited protection from arbitrary or unfair attachment in providing that any contract of employment under which a worker undertakes to assign to his/her employer all or part of his/her remuneration shall be deemed null and void. The Committee must therefore stress that this provision of the Labour Code does not specify the manner and limits within which wages may be attached or assigned, and contains no provision protecting wages from attachment or assignment to the extent necessary for the maintenance of the worker and his/her family. It accordingly asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 13, paragraph 2. The Government indicates in its report that retail stores and places of amusement are very limited and are to be found only in big cities. The Committee recalls, however, that under this provision of the Convention payment of wages in shops or stores for the retail sale of merchandise and in places of amusement must be prohibited by national laws or regulations, and that there appear to be no provisions prohibiting wage payment in such places except in the cases of persons employed there. The Committee trusts that in its next report the Government will indicate the measures that have been taken or are envisaged to give effect to this Article of the Convention.

Article 14. In its report the Government indicates that under section 28(1) of the Labour Code any contract that exceeds three months in duration shall be made in writing by the employer and shall be written in three copies and signed by the two parties. The Committee recalls that in its last report the Government stated its intention of adopting regulations to ensure that workers engaged under oral employment contracts were informed before entering employment of the wage conditions applying to them and that all workers were informed at the time of each payment of the particulars of their wages. The Committee notes, however, that the Government provides no new information as to the promulgation of this text. Consequently, it points out once again that under this provision of the Convention workers must be informed in an appropriate and easily understandable manner of the conditions in respect of wages under which they are employed, whether by oral or written contract and regardless of the length of the contract. It trusts that the Government will take measures in the very near future enabling the national laws and regulations to be brought into line with this provision of the Convention, and asks the Government to provide copies of any new regulations adopted to this end.

Article 15(d). The Committee notes that the regulation referred to in section 65 of the Labour Code concerning the wage data of which employers must keep a record has not yet been adopted. It hopes that the Government will be in a position to take the necessary steps to secure its adoption as soon as possible and asks the Government to keep it informed of any developments in this regard.

[The Government is asked to reply in detail to the present comments in 2004.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report and the attached documents.

Article 3, paragraph 2(2), of the Convention. The Committee has been commenting for many years on section 4 of the Wages and Conditions of Employment Tribunals Act of 1976 drawing attention to the need to ensure that employers’ and workers’ representatives be associated in the operation of the tribunals in equal numbers and on equal terms. The Government has on several occasions expressed its intention to amend this Act with a view to bringing it into full conformity with the Convention but concrete measures to this effect have not as yet been taken. The Committee firmly hopes that the Government will not fail to take the necessary action in the very near future. It requests the Government to indicate, in its next report, the progress made in this regard.

Article 5 of the Convention and Part V of the report form. The Committee notes from the Government’s report that minimum wage orders, such as those for dockers and heavy truck drivers, are issued after agreement between employers and workers and provide for wage rates which are higher than the general minimum wage. It also notes the Government’s indication that the minimum wage order for bakery workers is currently under revision by a tripartite committee. The Committee requests the Government to continue supplying information on the functioning of the minimum wage-fixing machinery, not only concerning the above categories of workers but also for other categories of workers, including information on the minimum wage rates fixed and the approximate numbers of workers covered, as well as any other particulars bearing on the practical application of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report as well as the adoption of the Labour Code of 21 June 1997. In this connection, the Committee requests the Government to provide further information on the following points.

Article 2 of the Convention. The Committee notes that under section 3(f), (g), (i), (j) of the new Labour Code, the following categories of persons are excluded from its scope of application, as they were excluded from the coverage of the previous legislation: domestic servants; agricultural workers other than those employed in the operation, repair and maintenance of machinery, or in enterprises which process or market agricultural products such as cotton grins or diary product factories, or in jobs related to the administration of agricultural projects including office work, accountancy, storage, gardening, and livestock husbandry; casual workers; any category of persons who are excluded totally or partially from the provisions of this Code by Order of the Council of Ministers. Recalling that the Convention applies to all persons to whom wages are paid or payable, the Committee asks the Government to indicate the measures taken or envisaged with a view to extending the protection of the new Labour Code to the above workers or to apply the protection afforded by the Convention to these workers in some other manner. The Committee also notes the Government’s intention to formulate special regulations concerning seasonal workers, particularly those engaged in agriculture. It asks the Government to keep it informed of any progress in this respect and to transmit a copy of these regulations as soon as they are adopted.

Article 3. The Committee notes that the new Labour Code contains no provision forbidding wage payment in the form of promissory notes, vouchers or coupons or any other form alleged to represent legal tender. The Committee asks the Government to indicate the measures taken or contemplated to ensure that the national legislation fully conforms to the requirements of the Convention in this respect.

Article 4. The Committee notes that section 35(1) of the Labour Code authorizes payments in kind without however prescribing any conditions for such payments. The Committee recalls that this Article of the Convention allows partial payment of wages in kind in those industries or occupations in which such payment is customary or desirable because of the nature of the industry or occupation concerned (paragraph 1), and further provides that, when the payment of wages in the form of allowances in kind is authorized, measures should be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his/her family and that their value is fair and reasonable (paragraph 2). Noting the Government’s statement that new regulations on payment of wages in kind are still under consideration and also that it would welcome ILO’s technical assistance in accelerating this process, the Committee hopes that the necessary measures will be taken without further delay to give full effect to the provisions of this Article.

Article 6. The Committee notes that the principle according to which employers should be prohibited from limiting in any manner the freedom of workers to dispose of their wages has not been incorporated in the recently enacted Labour Code. The Committee considers that an appropriate legislative provision laying down a specific prohibition is needed to give effect to the Convention in this regard and hopes that the Government will make every effort to take the necessary action in the very near future.

Article 7. The Committee notes that there are no provisions regulating works stores and that the situation has not changed from that previous to the adoption of the 1997 Labour Code. It requests the Government to provide additional information on the practice of works stores and to indicate the measures taken to give effect to this Article.

Article 8. The Committee notes that, under sections 35(8) and 37(1)(b) of the Labour Code, deductions from wages may only be made pursuant to law, or in order to repay, in sums not exceeding 15 per cent of the basic salary, a salary advance. It asks the Government to specify the types and extent of deductions prescribed by national rules and regulations. In addition, the Committee notes that the Labour Code, while providing for the obligation of the employer to furnish upon the worker’s request a statement showing details of any amounts deducted, contains no provision regarding the manner in which workers shall be informed of the conditions under which and the limits within which deductions may be made in general. It therefore requests the Government to indicate the measures taken to ensure that the provisions of this Article are fully applied.

Article 10. The Committee notes the Government’s indication that the attachment of wages is generally prohibited except for the payment of maintenance allowances owed to the worker’s family and dependants following a court’s decision. It also notes section 67 of the Labour Code which offers limited protection against arbitrary or unfair attachment in providing that any contract of employment under which a worker undertakes to concede to his/her employer all or part of his/her remuneration shall be deemed null and void. The Committee is bound to observe, however, that the new Labour Code does not specify the manner and limits within which wages may be attached or assigned, nor does it contain any provision protecting wages from attachment or assignment to the extent necessary for the maintenance of the worker and his/her family. Consequently, it asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 13(2). The Committee notes that no provisions appear to exist to ensure that the payment of wages in shops or stores for the retail sale of merchandise and in places of amusement is prohibited except in the case of persons employed therein. The Committee hopes that the Government will indicate in its next report what measures have been taken or are contemplated to apply this Article of the Convention.

Article 14. Further to its previous comment on this point, the Committee notes the Government’s intention to adopt regulations to ensure that workers engaged under oral employment contract be informed before they enter employment of the wage conditions applicable to them and that all workers be informed at the time of each payment of particulars of their wages. The Committee hopes that these regulations will be issued in the very near future, and that the Government will supply a copy as soon as they are adopted.

Article 15(d). While noting the report forms for labour inspectors and data collectors which were communicated by the Government in its report, the Committee again requests the Government to indicate whether the regulations referred to in section 65 of the Labour Code concerning wage data to be kept by employers have been adopted.

Recalling that the Committee has been commenting on most of the above matters for many years, and also noting with regret that the new Labour Code does not appear to have sufficiently taken into account the Committee’s earlier comments, the Committee hopes that concrete measures will soon be taken in this respect, and requests the Government to report any progress made in bringing national legislation into closer conformity with the requirements of the Convention.

[The Government is asked to report in detail in 2002.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied in the Government's report in reply to its previous comments. It again notes that the Wages and Conditions of Employment Tribunals Act of 1976 has not yet been amended and trusts that the amendment to this Act will be completed without delay in order to bring the national legislation into harmony with the provisions of Article 3 of the Convention. It requests the Government to provide a copy of the amended Act and all regulations made under it, as soon as they have been adopted.

Article 5, in conjunction with point V of the report form. The Committee notes the Government's indication concerning the Minimum Wage Act of 1996, in force as from 1 January 1997. It also notes the information regarding the minimum wage fixing in public undertakings in the industrial and manufacturing sectors.

However, the Committee did not receive the copy of decisions and conditions of employment concerning truck drivers that was supposed to be attached to the Government's report. It again asks the Government to provide these documents, together with a copy of the conclusions reached by the Tripartite Committee concerning the dockers in Port Sudan.

In addition, the Committee notes that the minimum wage in the bakery sector is established according to the productivity of the worker and after agreement between workers and owners of the bakeries. It asked the Government to indicate whether, in case of low productivity, the Minimum Wage Act, 1996, applies to workers in the bakery sector.

Lastly, the Committee requests the Government to continue to provide, in accordance with Article 5 and point V of the report form, general information on the application of the Convention in practice, including: (i) the minimum wage rates in force; (ii) when available, the data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).

REQUESTS The Government is asked to report in detail in 2000. #REPORT_DATE:00:00:2000

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in reply to its previous comments.

Article 3 of the Convention. The Government repeats the indication that the Wages and Conditions of Employment Tribunals Act of 1976 is still being reviewed by the tripartite committee responsible for reviewing the whole of the labour legislation. The Committee again expresses the hope that the amendments will be completed without delay in order to bring the national legislation into harmony with the provisions of the Convention. It asks the Government to provide a copy of the amended Act and all regulations made under it, as soon as they have been adopted.

Furthermore, the Committee notes Act No. 61 of 1991 on the public service, which provides, amongst other things, that the regulations must deal with wage-fixing machinery. The Committee asks the Government to state whether any bodies, public establishments or companies belonging to the State fall within the industrial sector. If so, please provide any relevant regulations on minimum wage-fixing machinery and state the number of workers covered by it.

Article 5 and Parts III and V of the report form. The Government indicates that the decisions and conditions of employment concerning truck drivers came into force in September 1993. The Committee asks the Government to provide a copy of the Order of the Ministry of Labour issued for this purpose and which is referred to in the report. Furthermore, with regard to dockers in Port Sudan, the Committee hopes that the Government will be able in the near future to provide full information on the results of the tripartite committee responsible for preparing a new collective agreement. Please also provide information on developments in the fixing of wages and conditions of employment of workers in the bakery sector. More generally, the Committee hopes that the Government will shortly provide information on the results of the operation of the minimum wage-fixing machinery, as regards not only the above categories but the other categories of workers, indicating in particular the minimum wages fixed and the approximate number of workers concerned.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 2 of the Convention. With reference to its previous comments, the Committee notes the explanations provided by the Government concerning seasonal workers, particularly those engaged in cotton and maize harvesting, who are excluded from the scope of the Individual Labour Relations Act of 1981. The Government considers that these workers enjoy advantageous conditions because they usually receive food, lodging and the payment in cash. The Committee notes the Government's indication that studies are under way with a view to extending the protection of the Act of 1981 to such workers or to apply to them the protection afforded by the Convention. Please indicate the progress made in this regard.

Article 4. The Committee notes that the regulations to implement section 59(b) of the Individual Labour Relations Act are still under consideration. The Committee hopes that the Government will be able to adopt the regulations in the near future and that it will provide a copy of them. It recalls that the adoption of these regulations has been the subject of discussion for some time and that the provisions were to regulate the payment of wages in kind. The Committee also notes the information provided under Article 2 and hopes that the Government will take into consideration the situation of seasonal agricultural workers.

Article 8. The Committee notes the Government's indication that the Individual Labour Relations Act is now under revision. It recalls that the Government's intention was that the amendment of section 12, paragraph 8, in conjunction with section 14 of the Act, should bring them into conformity with the provisions of this Article of the Convention. The Committee hopes that the Government will adopt this amendment in the near future and that it will provide a copy of the amended text.

Article 9. The Committee notes the Government's repeated reference to section 51 of the Individual Labour Relations Act, which prohibits the labour court from executing an employment contract that obliges the worker to give up any amount due to him from the employer or that obliges him to pay to the employer. The Committee points out that this provision of the Convention calls for the prohibition of any deduction from wages for the purpose of obtaining or retaining employment. The above section 51 does not suffice for this purpose. The Committee hopes that the proposed amendment to the Individual Labour Relations Act noted above under Article 8 will also give effect to Article 9 of the Convention.

Article 10. The Committee notes the Government's reference to sections 5, 12(1) and 51 of the Individual Labour Relations Act, which concern, respectively, the employment contracts, payment of wages in cash in general with the possibility of partial payment in kind, and the prohibition of execution by the court of certain kinds of employment contracts. The Committee notes that, among the provisions mentioned, section 51 provides certain protection against attachment. It also notes that section 28 of Act No. 61 of 1991 on the Public Service, received from the Government, prescribes the conditions and limit for the attachment of wages in the public service. The Committee points out however that these provisions do not give full effect to the provisions of the Convention. It hopes that the amendment of the Individual Labour Relations Act will be made taking this point also into account.

Article 14. The Committee notes the Government's reference to section 5(2) of the 1981 Act, concerning written contract. It points out that section 5(4) and (5) point to the existence of oral contract. The Committee also notes that sections 10 and 11 to which the Government refers do not ensure the application of this Article. It hopes that appropriate measures, such as adoption of regulations, will soon be taken to ensure: (i) that workers engaged under an oral employment contract be informed before they enter employment of the wages conditions applicable to them and (ii) that all workers be informed at the time of each payment of wages, of particulars of their wages.

Article 15(d). The Committee recalls that section 49 of the Act provides for the maintenance of record in the form as stipulated by the regulations to be adopted by virtue of section 59(d). The Committee hopes that the Government will be able to indicate in the near future that the necessary regulations have been adopted.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 3 of the Convention. With reference to the previous comments, the Committee notes the Government's indication in its report that the committee entrusted to review the Act on the wage tribunals made recommendations so as to ensure that employers' and workers' representatives are associated in the operation of the tribunals in equal numbers and on equal terms. The Government further states that when the amendment to this Act is promulgated, the Ministry of Labour will make regulations concerning the application of this equal representation.

The Committee hopes that the modification to the Act will be accomplished in the near future so as to bring the national legislation into conformity with the provision of the Convention. It requests the Government to indicate any progress made in this regard.

Article 5 and Parts III and V of the report form. The Committee notes the Government's statement that a new agreement has been reached regarding the working conditions of loading and unloading workers in Port Sudan, that one is in the course of formation regarding drivers of large trucks, and that, as regards bakery workers, the question is under examination. The Committee requests the Government to continue supplying information on the results of the application of the minimum wage fixing machinery, not only concerning the above categories of workers but also for other categories of workers, including information on the minimum rates of wages fixed and the approximate numbers of workers covered.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 2 of the Convention. With reference to its previous comments, the Committee notes the explanations provided by the Government concerning seasonal workers - particularly those engaged in cotton, maize and resin harvesting - who are excluded from the scope of the Act of 1981 on Individual Labour Relations and who are paid according to a participation scheme. According to the Government, under the participation scheme, workers engaged in such harvesting may be paid in cash or in kind, according to what is customary. The Committee asks the Government to indicate the measures that have been taken or are contemplated to extend the protection of the Act of 1981 on Individual Labour Relations to the above workers or to apply the protection afforded by the Convention to these workers in some other manner. Please indicate the number of workers concerned.

Article 4. The Committee notes that the competent department is examining the regulations to implement section 59(b) of the Individual Labour Relations Act, and that the regulations will be sent as soon as they have been enacted. The Committee hopes that the Government will be able to adopt the regulations in the near future and that it will provide a copy of them in due course. It recalls that the adoption of these regulations has been the subject of discussion for some time and that the provisions were to regulate the payment of wages in kind. The Committee also notes the information provided under Article 2 and hopes that the Government will take into consideration the situation of seasonal agricultural workers.

Article 8. The Committee notes that it is the Government's intention that in the forthcoming amendment of the Individual Labour Relations Act section 12, paragraph 8, in conjunction with section 14 of the Act will be brought into conformity with the provisions of this Article of the Convention. The Committee hopes that the Government will adopt this amendment in the near future and that it will provide a copy of the amended text.

Article 9. The Committee notes the Government's explanations concerning section 51 of the Individual Labour Relations Act and the 1974 Manpower Act, to which it referred in its previous report. It notes that, according to the Government, the letter and spirit of this Article are observed. The Committee recalls, however, that the prohibition referred to in Article 9 of the Convention is not fully ensured by domestic legislation nor by the practice described in the report. It hopes that the Government will shortly adopt the planned amendments in order to bring the Individual Labour Relations Act into conformity with this provision of the Convention.

Articles 10, 14 and 15(d). The Committee notes that the Government has taken note of its comments on Article 10 (conditions and limits for the attachment or assignment of wages), Article 14 (informing workers, before they enter employment and when any changes take place, of the conditions in respect of wages under which they are employed), and Article 15(d) (the maintenance, in all appropriate cases, of adequate records in an approved form and manner). The Committee also notes that these comments will be taken into consideration in the overall amendment of the Individual Labour Relations Act. It hopes that the Government will adopt these amendments in the near future and will provide a copy of them.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 3 of the Convention. In earlier comments, the Committee has noted that, under section 4 of the Wages and Conditions of Employment Tribunals Act of 1976, tripartite representation on tribunals convened under the Act is assured, but that there is no requirement that employers' and workers' representatives be associated in the operation of the tribunals in equal numbers and on equal terms. The Committee noted from the Government's report that, in practice, such equality of representation was assured, and suggested that it might be appropriate to include such provisions in the regulations to be adopted pursuant to section 13 of the Act.

The Committee notes that the Government has informed the committee of the Ministry that is responsible for revising labour legislation about the omission in national legislation of a requirement for employers and workers to be represented in equal numbers and on equal terms in wages and conditions of employment tribunals. It also notes that contacts have been made with the Ministry of Labour with a view to adopting regulations prescribing equal representation, in accordance with the Committee's suggestion.

The Committee requests the Government to indicate further progress on this point.

Article 5 and Parts III and V of the report form. The Committee notes that new minimum wages have been fixed for approximately 21,000 workers of 18 years and over occupied in loading and unloading ships in the Port Sudan docks and the Gazila project region, and in driving large trucks. The Committee notes that other categories of workers, including bakery workers in Khartoum, could be covered by the wages and conditions of employment expected to be established by a committee which it is proposed to set up for this purpose. The Committee requests the Government to indicate in its next report the wages and employment conditions fixed for the above category of workers and to state whether any provision has yet been made to fix minimum wage rates for other categories of workers.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes the information communicated by the Government concerning Articles 3, 7 and 14 of the Convention.

Article 2. The Committee notes from the explanations supplied by the Government that many workers in the agricultural sector are covered by the legislation, in particular, those involved in the maintenance of machines and in various administrative tasks. It notes that agricultural workers in the public sector are covered by the legislation, while seasonal workers - particularly those engaged in the harvesting of cotton, corn and resin - are paid according to a participatory scheme. The Committee hopes that the Government will communicate with its next report an explanation of this participatory scheme and of how the rights of the workers concerned are protected in relation to the present Convention.

Article 4. The Committee notes the information communicated concerning this Article and requests the Government to forward to the Office a copy of the regulations applying section 59(b) of the Individual Labour Relations Act when they have been adopted.

Article 8. The Committee notes the explanations supplied by the Government. It would, nevertheless, point out that the scope of section 12(8) of the Individual Labour Relations Act appears much wider than that of section 14, which provides for conditions under which advances may be granted to workers and the amount of periodic deductions for the reimbursement of these advances. Section 12(8), on the other hand, provides that wages should be paid to the worker himself or to a person whom he has authorised in writing, except for deductions provided for in a written agreement between the two parties. This means that the agreement between a worker and an employer may cover not only deductions due to advances made by the employer, but also deductions for any other reason. The Committee recalls that this Article of the Convention aims to ensure that the deductions from wages shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award, and not left to the discretion of the parties as in section 12(8). The Committee would therefore be grateful if the Government would indicate in its next report the measures which have been taken or are contemplated to give effect to this Article of the Convention.

Article 9. The Committee notes the explanations provided by the Government concerning, in particular, section 51 of the Individual Labour Relations Act. The Committee notes that under this section the prohibition provided for in Article 9 of the Convention is not complete. Section 51 of the Act provides that courts may not enforce contracts the object of which is the assignment of all or part of the wages due to a worker from the employer, or which the employer has engaged to pay under a labour contract. The Committee thus hopes that the Government will take account of its comments when this legislation is amended.

Article 10. The Committee notes the explanations furnished by the Government. It recalls that under this Article the legislation should provide for the manner in which and the limits within which wages may be attached or assigned. As the Government indicated in its 1982 report, the national legislation contains no provisions on this subject, strictly speaking, and the restrictions which exist are the result of interpretation of other provisions. The Committee thus requests the Government to indicate in its future reports the measures which have been taken to regulate the attachment and assignment of wages in a clear way, for example, in the regulations which are to be adopted.

Article 14. The Committee notes the explanations supplied by the Government according to which workers engaged for a period of more than three months have the right to a written contract. Nevertheless, it notes that no provisions exist to ensure that: (a) workers engaged under an oral employment contract be informed before they enter employment of the wages conditions which are applicable to them, and (b) that all workers (whether under an oral or a written contract) be informed at the time of each payment of wages, of any changes in their wages. The Committee hopes that the Government will indicate in its next report what measures have been taken or are contemplated to apply this Article of the Convention. It recalls that this question may be appropriate for the adoption of regulations.

Article 15(d). The Committee hopes that the Government will be able to indicate in the near future that the necessary regulations have been adopted.