Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 95) sur la protection du salaire, 1949 - Aruba

Article 4(1) of the Convention. Partial payment of wages in kind. Further to its previous comment, the Committee notes the Government’s explanations that section 1614t of the Civil Code should be read in conjunction with section 1613n, which enumerates the various wage components, including cash and in kind benefits. The Government also indicates that the minimum wage legislation provides that wages should in principle be paid in money, thus rendering the payment of wages exclusively in kind impossible. However, the Committee notes that section 1614t of the Civil Code expressly permits the payment of wages entirely in kind, contrary to Article 4(1) of the Convention under which national laws or regulations may authorize the partial payment of wages in the form of allowances in kind. The Committee trusts, therefore, that when a suitable occasion arises, measures will be taken to bring the national legislation into conformity with this provision of the Convention.

Article 8(2). Deductions from wages. While noting the Government’s explanations concerning section 1614r of the Civil Code, the Committee once again requests the Government to indicate the manner in which workers are informed of the conditions under which and the extent to which the deductions from their wages may be made, as required under this provision of the Convention.

Article 10(2). Overall limit on attachment of wages. The Committee has been drawing the Government’s attention to the need to fix the limits within which wages may be attached so that the maintenance of the worker and his/her family is sufficiently protected. Noting the Government’s statement that no progress has so far been made on this point, the Committee trusts that the Government will take the necessary steps to ensure that an overall limit on attachment of wages will be set by the Committee for the Modernization of the Labour Legislation (CMLL).

Articles 12(2), 13(1) and 14. Mode of payment of wages. The Committee has been commenting for a number of years on the absence of express provisions in the labour legislation requiring the prompt settlement of all outstanding payments upon the termination of employment (Article 12(2)), the payment of wages on working days only (Article 13(1)) and the notification of pay conditions to workers before they enter employment or when changes occur (Article 14). In its last report, the Government indicates that certain changes are envisaged in the Civil Code regarding the mode of payment of wages such as the obligation of every employer to provide a pay slip to his/her employees. The Committee requests the Government to keep the Office informed of further developments in the process of revision of the Civil Code, in particular as regards any new provisions giving effect to Articles 12(2), 13(1) and 14 of the Convention, and to transmit a copy of the new text once it has been adopted.