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Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

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

Autre commentaire sur C095

Observation
  1. 1995

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Article 2 of the Convention. The Committee notes that, by virtue of the Schedule to the Labour Contracts Act (No. 12 of 1983), the protection of wages contemplated in the Convention is ensured only to a limited extent to workers who are not covered by the Protection of Wages Ordinance (Cap. 115), which applies only to the workers in "manual labour". It requests the Government to supply information on any 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 that section 7 of the Income Tax Act supplied with the Government's report does not concern deduction of tax from wages but is about the chargeable income for the purpose of calculating income tax. Recalling that the above Protection of Wages Ordinance does not authorize the deduction of income tax from wages, the Committee would be grateful if the Government would supply the text of legislation concerning deduction of income tax from wages.

Article 10. The Committee notes the Government's reference to the provisions concerning minimum wage and deductions from wages. It points out that these provisions are not relevant to the attachment or assignment of wages. The Committee recalls that it noted the Government's earlier indication 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 again requests the Government to supply the text of rules about attachment and assignment referred to.

Article 12, paragraph 2. The Committee notes that item 3(b) of the Schedule to the Labour Contracts Act requires the regular payment of wages. It asks the Government to indicate the measures taken to ensure that a final settlement of wages is effected within a reasonable period of time in accordance with this provision of the Convention.

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