Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Burkina Faso (Ratification: 1999)

The Committee notes the adoption of the new Labour Code, Act
No. 033-2004/AN of 29 October 2004, in particular sections 191–198 which essentially reproduce the provisions of sections 116–123 of the previous Labour Code of 1992.

Article 6 of the Convention. Time limits of protected claims. The Committee understands that in the absence of any specific reference to a prescribed period of service, workers’ claims arising out of the employer’s bankruptcy or insolvency are granted preferential treatment without any time limitation other than the two-year prescription period set out in section 199 of the Labour Code for all wage claims. It requests the Government to clarify the situation of national law and practice on this point.

Article 7(1). Monetary limits of protected claims. The Committee notes the Government’s indication that the unattachable part of the worker’s wage is defined in the same manner in the private and public sectors and that it equals two-thirds of the wage. The Committee notes, however, that the national legislation seems to apply different attachment ceilings to different portions of wages, ranging from one twentieth for the lowest wage portion to one half for the highest portion. Decree No. 55-972 of 16 July 1955, for instance, if and to the extent that it is still in effect, provides for such a system of progressive limits commensurate to income levels. The Committee would therefore appreciate receiving additional clarifications in this respect.

Article 8(1). Rank of privilege. The Committee notes with interest that section 192 of the new Labour Code, contrary to section 117 of the Labour Code of 1992, which was silent on this point, expressly provides that workers’ claims are given a higher rank than all other privileged claims, including those of the State and the social security system, thus adding clarity and giving full effect to the requirement of this Article of the Convention.

Part IV of the report form. The Committee would be grateful if the Government would provide general information on the application of the Convention in practice.