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

Protection of Wages Convention, 1949 (No. 95) - French Polynesia

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that Territorial Act No. 2011-15 of 4 May 2011 relating to the codification of the labour law repealed Decision No. 91-5 AT of 17 January 1991 on wages. It takes note of sections Lp. 3341-1 and A.3341-1 of the Labour Code of French Polynesia, which deal with the value to be attributed to allowances in kind in the form of food and accommodation. It asks the Government to indicate whether any other provisions regulate the partial payment of wages in kind, specifying, for example, the types of allowances in kind, other than food and accommodation, that are authorized, the part of the total wage that may be paid in this form, the obligation to ensure that allowances in kind are for the personal use and benefit of the worker and his family and that the value attributed to them is fair and reasonable.

Article 6. Freedom of workers to dispose of their wages. Further to its previous comments, the Committee notes that the Labour Code of French Polynesia does not ensure the application of this Article of the Convention and that, in its report, the Government confirms that it has no plan to adopt an explicit legislative provision for the purpose. The Committee nonetheless points out that such a provision is important in that it would protect workers from any form of pressure by their employer to use their wages in some particular way (such as placing part of the wage in the enterprise’s savings account). The Committee hopes that the Government will consider at some later date the possibility of including such a provision in the legislation and asks it to keep the Office informed of any decision in this regard.

Part V of the report form. Application in practice. The Committee notes the information supplied by the Government on the observations made by the labour inspection services regarding the calculation or payment of wages during the period 2006–11. The Committee asks the Government to continue to provide information on the practical effect given to the Convention, including data such as those supplied in its last report.