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

Protection of Wages Convention, 1949 (No. 95) - Sudan (Ratification: 1970)

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.]