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

Protection of Wages Convention, 1949 (No. 95) - Djibouti (Ratification: 1978)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 8 of the Convention. In earlier comments, the Committee referred to section 107 of the Labour Code under which deductions may be made for deposits ("consignations") prescribed by contracts of employment, and requested the Government to clarify the meaning of this provision. In its reply, the Government indicates that apart from the possibilities of deduction referred to in previous reports, i.e. compulsory levies and payments in respect of housing and supplies furnished under the regulations provided for in section 95 of the Labour Code, no other form of deposit ("consignation") has been contemplated by virtue of section 107 of the Labour Code. The Committee points out, however, that according to the terms of the Convention the types and extent of deductions from wages should be prescribed by national laws or regulations or fixed by collective agreement or arbitration award and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted under contracts of employment so as to ensure legislative conformity with this Article of the Convention. The Committee asks the Government to report on any progress achieved in this regard.

[The Government is asked to reply in detail to the present comments in 2003.]