Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Convention (n° 95) sur la protection du salaire, 1949 - Dominique (Ratification: 1983)

The Committee has noted the information supplied by the Government in its report in reply to the previous direct request concerning Articles 4, 11 and 14(a) of the Convention. It requests the Government to supply further information on the following points:

Article 2 of the Convention. The Committee notes that the Schedule to the Labour Contracts Act (No. 12 of 1983) makes provision to govern the basic labour contract which is applicable to all persons undergoing training and to all workers whose terms and conditions of employment are not the subject of a collective or industrial agreement or a labour contract entered into in accordance with the provisions of the Act. It notes, in particular, that item 3(b) of the said Schedule prescribes the responsibility of the employer to observe and to follow statutory restrictions on the method of payment of wages to the employee and to pay the employee at the intervals agreed upon being intervals not exceeding one month in duration. Thus the protection of wages contemplated in the Convention is, to a certain extent, extended to workers who are not covered by the Protection of Wages Ordinance (Cap. 115g which applies only to the workers in "manual labour". The Committee requests the Government to continue supplying in its future reports information on further measures taken or contemplated for protection of wages of workers not covered by the Ordinance, and to indicate any difficulties encountered in this connection.

Article 8. The Committee notes the Government's indication that deduction from wages may be made only with the exclusive permission of the employee and that income tax may be deducted from wages by notification. Recalling that the above-mentioned Ordinance does not authorise the deduction of income tax from wages, the Committee would be grateful if the Government would supply the text of relevant legislation.

Article 10. The Committee notes the Government's indication to the effect that the attachment of wages may be made in respect of child maintenance and of civil debt, and that assignment may be made on instruction by the employee. It requests the Government to supply the text of rules about attachment and assignment mentioned in the report.

Article 12, paragraph 2. The Committee notes that the Government refers in its report to "the Contract Act, Section 11, 3(b) in the Schedule to the Labour Contracts Act". While item 3(b) of the Schedule to the Labour Contracts Act has been noted above, the text of the said Act supplied by the Government with its report does not have section 11, and item 11 of the Schedule is about the rates of pay. The Committee would appreciate further clarification in this regard.