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Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Convention No. 95 (protection of wages) together. The Committee notes the observations submitted by the International Trade Union Confederation (ITUC) on the application of Convention No. 95 and the response of the Government, both received in 2017. The Committee notes the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country.

Minimum Wage

Article 4 of Convention No. 131. Minimum wage-fixing machinery. Full consultation with employers’ and workers’ organizations. Further to its previous comments, the Committee recalls that: (i) Act No. 43 of 2005 on the positions, wages and salaries system has set the minimum wage level in the public sector (section 38(E)) and provided that the Civil Service Ministry is the competent body for establishing and adjusting minimum wages for public sector workers (section 5); (ii) the minimum wage for the public sector is extended to private sector workers, according to section 55(1) of the Labour Code; and (iii) section 11 of the Labour Code provides that the tripartite Labour Council is charged with submitting recommendations to the Government in relation to draft labour laws and regulations and the general policy on wages, incentives and other benefits. The Committee notes that the Government indicates in its report that the tripartite Labour Council will be activated when the civil war currently affecting the country ends. The Committee requests the Government to take all necessary measures to ensure that, once the situation in the country so allows, full consultation with representative organizations of employers and workers both in the public and in the private sector are held in connection with the review and adjustment of the level of minimum wages. It requests the Government to provide information in this regard.

Protection of Wages

In previous comments, the Committee has noted the lack of conformity of the national legislation, mainly the Labour Code, with some provisions of the Convention. The Committee notes that the Government indicates in its report that the draft amended Labour Code is being considered by the legislative authority and other official bodies, but that it has not been passed because of the current civil war and the disruption of the House of Representatives. The Committee requests the Government to ensure that its comments below will be fully taken into account in the finalization of the legislative review, once the situation in the country so allows. The Committee requests the Government to send a copy of the new Labour Code and any other relevant legislation giving effect to the Convention, once adopted.

Article 2 of Convention No. 95. Scope of application. The Committee recalls that several categories of workers, including domestic, casual and, in certain cases, agricultural workers, are excluded from the scope of the Labour Code (section 3(2)). Consequently, those workers do not benefit from the protection of wages afforded by the Labour Code. The Committee hopes that the new Labour Code will ensure that all workers benefit from the protection of their wages in accordance with the Convention. Concerning civil servants who are also excluded from the Labour Code, the Committee notes that while the Civil Service Act and its implementing Decree No. 122 of 1992 provide some protection for public sector workers, these pieces of legislation do not appear to give effect to a number of Articles of the Convention. The Committee requests the Government to provide information on the provisions of the national legislation or other implementing measures applying the requirements of the Convention to any category of workers who might be excluded from the application of the new Labour Code, once adopted.

Article 4. Partial payment of wages in kind. The Committee recalls that while payment in kind is allowed in the country (based on the definition of wages in section 2 of the Labour Code), the Labour Code only regulates it in relation to situations of remote work (sections 68 and 70). It also recalls that Article 4 requires that permissible allowances in kind be only those authorized by national laws and regulations, collective agreements or arbitral awards but not individual agreements, and that, when authorized, appropriate measures be taken to ensure that the allowances in kind be both appropriate for the personal use and benefit of workers and their family and their value fair and reasonable. The Committee requests the Government to take the necessary measures to give full effect to that provision of the Convention.

Articles 8(1) and 10. Deductions, attachments and assignments of wages. The Committee recalls that section 63 of the Labour Code, which provides for the possibility of withholding wages by agreement between the employer and the worker, is not fully in conformity with the Convention, which prescribes that deductions from wages shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitration awards (Article 8(1)) and that wages may be attached or assigned only in a manner and within the limits prescribed by national laws or regulations (Article 10(1)), but in neither case by individual agreement. It also recalls that there appears to be no provision in the Labour Code providing that wages shall be protected against attachment or assignment to the extent deemed necessary for the maintenance of workers and their family (Article 10(2)). The Committee requests the Government to take the necessary measures to give full effect to these provisions of the Convention.

Article 9. Prohibition of employment fees to be deducted from wages. The Committee recalls the absence of legislative provisions prohibiting deductions from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment, made by a worker to an employer or his or her representative or to any intermediary (such as a labour contractor or recruiter). The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Article 12. Regular payment of wages. Settlement of wages at termination of employment. Application in practice. The Committee notes that ITUC refers to cases of non-payment of wages in the public sector. It also refers to the situation of workers who worked in three foreign companies that left the country in 2015 and have not received a final settlement of their wages despite decisions of the Labour Court and the Labour Arbitration Committee requesting these companies to pay workers’ salaries until the termination of their contracts. The Committee also notes that in reply to these observations, the Government indicates that it has endeavoured to pay the salaries of all employees of the administrative and military bodies of the State. While it admits that some issues regarding the payment of wages may persist in governorates under rebels’ control, it indicates that it is striving to remedy this situation. The Government adds that: (i) the case concerning two foreign companies has been referred to the Appeal Court and, in the meantime, the Ministry is using all adequate legal means to ensure the enforcement of the relevant legislation to these cases; and (ii) the case concerning the third company was the subject of a new judgment of the Appeal Court which resulted in the competent authorities putting the company’s property under precautionary attachment to ensure workers’ rights. The Committee requests the Government to continue its efforts to guarantee that all workers are paid throughout the country their due wages in full and to provide information on the follow-up given to the above-mentioned legal cases.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2 of the Convention. Scope of application. In reply to its previous comment, the Committee notes the Government’s indication that the draft labour Code was submitted to the Council of Ministers after its review by the Ministry of Legal Affairs, and that it will be subsequently submitted to the House of Representatives. The Government points out that the only exemption provided for in the previous text of the Labour Code will remain in the new draft Labour Code and the Government will endeavour to ensure that this Law will include all workers, in particular with regard to the issue of covering the protection of wages. Recalling that the Committee has been commenting on the need to extend the scope of application of the Labour Code of 1995 in order to cover agricultural workers, the Committee hopes that the draft Labour Code will be finalized shortly and that it will contain appropriate provisions in this regard. It requests the Government to transmit a copy of the new text as soon as it is adopted.

Article 4. Partial payment of wages in kind. With reference to its previous comment, the Committee notes the Government’s indication that payment of wages in kind is practically non-existent, and have to be with the workers’ consent. However, it indicates that there are special allowances for mobility, residence and representation regulated by collective agreements and individual contracts. The Government further indicates that there is no legal text which imposes on workers to accept payment in kind. While noting the Government’s indication that partial payment of wages in kind is authorized only with the worker’s consent, and while recalling that according to this Article of the Convention permissible allowances in kind are only those authorized by national laws and regulations, collective agreements or arbitral awards but not individual agreements, the Committee considers that the prior approval of the Ministry of Labour under sections 68 and 70 of the Labour Code sufficiently guarantees the protection of workers against possible abuse. However, the Committee is of the view that there might be a need to safeguard not only that the Ministry of Labour verifies that the provision of proposed allowances in kind is for the benefit of the worker but also that the allowances in question are fairly and reasonably priced (for instance at cost price, market value, or a rate fixed by law). The Committee therefore suggests that the Government should consider the possibility of amending the above provisions accordingly. More generally, the Committee observes that Article 4 of the Convention is not self-executing but requires specific measures by the competent authorities for its implementation, even though payment of wages in kind hardly exists in Yemen. For example, the Government may adopt provisions enumerating the authorized payments in kind, such as board and lodging, clothing, use of land or free medical treatment. In this connection, the Committee draws the Government’s attention to paragraphs 144–160 of the 2003 General Survey on the protection of wages, which provide guidance as to the manner in which legislative conformity may be achieved with the provisions of this Article of the Convention. The Committee accordingly requests the Government to take the necessary measures to ensure the effective implementation of this Article of the Convention.

Article 8. Deductions. The Committee notes that the Government’s report does not address its previous comment, which had drawn the Government’s attention to section 63 of the Labour Code, pursuant to which deductions from wages due are prohibited when not established by a final court ruling, unless the employer and worker have arranged otherwise. In this connection, it recalls that Article 8 of the Convention provides that deductions from wages shall be permitted only under conditions and to the extent prescribed by national laws or regulations, collective agreement or arbitration award, and that workers shall be informed of the conditions and the extent of such deductions. The Committee is therefore obliged to request the Government once again to take the necessary measures to ensure that deductions from wages are only permitted under the conditions and to the extent prescribed by one of the three methods prescribed under this Article of the Convention and that workers are informed in this respect.

Article 9. Payment for the purpose of obtaining or retaining employment. The Committee notes that the Government’s report is silent on the issue concerning the lack of legislative provisions preventing the existence of practices by which workers are required to make direct or indirect payments to an employer, his representative or a labour contractor or recruiter for the purpose of obtaining or retaining employment. The Committee once again asks the Government to take the necessary measures to ensure compliance with the Convention in this respect.

Article 10. Attachment of wages. The Committee notes that the Government’s reply is not relevant to its previous comment. In this connection, the Convention requires that attachment or assignment should be kept within such limits as to ensure a decent standard of living for workers and their families, although the precise conditions and limits are left to the national authorities. In its General Survey of 2003 on protection of wages, the Committee indicated that the attachment of wages is “a particular form of deduction made by virtue of a judicial decision” (paragraph 223), and that the assignment of wages is an arrangement under which “workers may choose to agree with the competent judicial or administrative authority [that] part of the wages are paid directly to the creditor in settlement of the debts” (paragraph 272). Therefore, the Committee once again requests the Government to indicate whether any provision exists in the national laws or regulations for the assignment of wages and, if so, to specify the conditions under which, and the limits within which, such assignment may be made.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 4 of the Convention. Minimum wage fixing machinery. Full consultation and direct participation of employers’ and workers’ organizations. With further reference to its previous observations, the Committee regrets to note that no steps have been taken for the effective implementation of the Convention in either law or practice. Even though the minimum wage for public employees (20,000 Yemeni rials (YER) or approximately US$93 per month) is, in principle, also applicable to the private sector, no minimum wage fixing machinery exists and no provision is made for tripartite consultations on these matters. As regards the reactivation of the tripartite Labour Council, on which the Committee has been commenting for a number of years, the Government indicates that it has not been possible to advance for technical reasons. The Government further indicates that it intends to revive the process for the amendment of the Labour Code in the near future. While noting these explanations, the Committee is bound to recall that by ratifying the Convention the Government committed itself to establishing a system of minimum wages covering all groups of wage earners through procedures or practices guaranteeing the full consultation with, and the direct participation of, representative organizations of employers and workers and ensuring the review and adjustment of the level of minimum wages from time to time having regard to the social and economic conditions prevailing in the country. The Committee therefore asks the Government to take all necessary action without further delay with a view to setting up and operating a minimum wage fixing machinery based on genuine tripartite consultations, as required under the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Article 2 of the Convention. Scope of application. The Committee notes the Government’s statements to the effect that the amendments to the Labour Code, which have been drafted in collaboration with the ILO and discussed with the social partners, will take into account its previous comments on the exclusion of certain agricultural workers from the scope of the Code. The Committee hopes that the Labour Code will be amended in the very near future so as to ensure that all workers, without exception, are covered by the Labour Code provisions concerning the protection of wages. The Government is requested to keep the Office informed of any progress made in adopting these amendments.
Article 4. Partial payment of wages in kind. The Committee notes that in reply to its previous comments the Government states that the Council of Ministers has not adopted any regulations providing for the granting of representation, mobility or residency allowances. It notes, however, that such allowances are provided for in collective agreements and in labour contracts, which must be approved by the Minister for Labour. The Committee recalls that the Convention sets forth the following strict conditions for the partial payment of wages in kind: (i) the practice may only be authorized in industries or occupations where it is customary or desirable; (ii) the payment of wages in the form of alcoholic drinks or noxious drugs may not be permitted in any circumstances; and (iii) when authorized, measures should be taken to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that their value is fair and reasonable. The Committee trusts that the Government will adopt the required provisions in the very near future, for instance in the form of an implementing decree for section 68 of the Labour Code, so as to ensure the observance of these different conditions when wages are paid partially in kind. The Government is requested to provide any information concerning the measures taken to give effect to the Convention in this respect.
Article 8. Deductions. The Committee notes that, in its report, the Government refers only to deductions from wages which are authorized by a court ruling. It would, however, like to draw the Government’s attention to section 63 of the Labour Code, pursuant to which deductions from wages due are prohibited when not established by a final court ruling, unless the employer and worker have arranged otherwise. The Committee recalls that, in accordance with Article 8 of the Convention, such deductions shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award, but not by agreement between the employer and the worker concerned, so as to prevent any kind of abuse. The Committee therefore asks the Government to take the necessary measures to ensure that deductions from wages are only permitted under the conditions and to the extent prescribed by one of the three methods mentioned above and that workers are informed in this respect.
Article 9. Payment for the purpose of obtaining or retaining employment. The Committee notes the information provided by the Government concerning the registration of jobseekers with the Ministry of Labour or its local offices. It notes, however, that the provision referred to by the Government does not in any way prevent the existence of practices by which workers are required to make direct or indirect payments to an employer, his representative or a labour contractor or recruiter for the purpose of obtaining or retaining employment. The Committee once again asks the Government to take the necessary measures to ensure compliance with the Convention in this respect.
Article 10. Attachment of wages. The Committee notes the Government’s indication that it will take into account the Committee’s previous comments relating to the protection of workers’ wages against assignment. It asks the Government to keep it informed of any progress made in adopting Labour Code amendments which give effect to this provision of the Convention.
Part V of the report form. Practical application. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from inspection service reports indicating the number and nature of any reported violations of the legislation on wage protection, and details of the measures taken to stop such violations.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition
Article 4 of the Convention. Full consultation and direct participation of employers’ and workers’ organizations. The Committee recalls its previous comments in which it noted that, even though the minimum wage set for public employees (20,000 rials or approximately US$100 per month) may also apply to workers of the private sector in accordance with section 55(1) of the Labour Code, there is no institutionalized mechanism for fixing and revising minimum wages through a consultative process sufficiently representative of employers’ and workers’ interests. In its last report, the Government indicates that the implementation of the national strategy on wages has been postponed due to the current economic situation. The Government also states that the establishment of the tripartite Labour Council, which is provided for in section 11(1) of the Labour Code, has been deferred in view of the proposed amendment of the Labour Code. Accordingly, the Committee notes with regret that no progress has been made as regards the implementation of the Convention, either in law or in practice. The Committee urges the Government to take, without further delay, all necessary measures in order to set up a minimum wage fixing mechanism based on effective and genuine tripartite consultations. It asks the Government to keep the Office informed of any developments concerning the reactivation of the national strategy on wages, the eventual establishment of the Labour Council and the announced amendment of the Labour Code.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 4 of the Convention. Full consultation and direct participation of employers’ and workers’ organizations. The Committee recalls its previous comments in which it noted that, even though the minimum wage set for public employees (20,000 rials or approximately US$100 per month) may also apply to workers of the private sector in accordance with section 55(1) of the Labour Code, there is no institutionalized mechanism for fixing and revising minimum wages through a consultative process sufficiently representative of employers’ and workers’ interests. In its last report, the Government indicates that the implementation of the national strategy on wages has been postponed due to the current economic situation. The Government also states that the establishment of the tripartite Labour Council, which is provided for in section 11(1) of the Labour Code, has been deferred in view of the proposed amendment of the Labour Code. Accordingly, the Committee notes with regret that no progress has been made as regards the implementation of the Convention, either in law or in practice. The Committee urges the Government to take, without further delay, all necessary measures in order to set up a minimum wage fixing mechanism based on effective and genuine tripartite consultations. It asks the Government to keep the Office informed of any developments concerning the reactivation of the national strategy on wages, the eventual establishment of the Labour Council and the announced amendment of the Labour Code.

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

Article 4, paragraph 2, of the Convention. Full consultations with the social partners. The Committee has been commenting for a number of years on the absence of a machinery responsible for fixing and revising minimum wages through a consultative process sufficiently representative of the employers’ and workers’ interests, as prescribed by Article 4, paragraph 2, of the Convention.

The Committee notes the Government’s indication that by Act No. 43 of 2005 on wages and salaries, the Civil Service Ministry set the minimum wage for over 1 million public employees to 20,000 rials (approximately US$100) per month and that in accordance with section 55 of the Labour Code of 1995, the same minimum wage floor applies to workers of the private sector. However, the Committee also notes the Government’s statement that there is no institutionalized mechanism which establishes or amends minimum wage rates and that consequently there are no consultations held with the social partners in this regard.

Under the circumstances, the Committee feels obliged to recall, that by ratifying the Convention the Government has committed itself to establishing a system of minimum wages covering all groups of wage earners through procedures or practices guaranteeing the full consultation with, and the direct participation of, representative organizations of employers and workers and ensuring the periodic review and adjustment of the level of minimum wages in light of the prevailing social and economic conditions. The Committee accordingly asks the Government to indicate the measures it intends to take in order to fully implement the requirements of the Convention. The Committee further requests the Government to transmit full information on the implementation of the national strategy on wages set out in Act No. 43 of 2005 and scheduled for completion in 2010.

In addition, the Committee recalls that the Government has still to provide concrete information as to how decent wage levels are determined for those categories of workers who are currently excluded from the scope of the Labour Code, including agricultural, domestic and casual workers. In some earlier reports, the Government had been referring to ministerial orders under preparation but no real progress has since been made. Moreover, the Committee has been asking for the last ten years whether any steps have been taken for the establishment of the tripartite Labour Council, which according to section 11 of the Labour Code will be responsible among other matters, for formulating recommendations on wage policy, incentives and benefits. The Committee once again asks the Government to provide full particulars on any measures taken or envisaged with a view to setting up the tripartite Labour Council and determining decent minimum wage levels for those workers falling outside the scope of the Labour Code.

[The Government is asked to reply in detail to the present comments in 2009.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report, which replies only partly to the points raised by the Committee in its previous comments.

Article 2 of the Convention. Scope of application. The Committee notes the Government’s statements to the effect that the amendments to the Labour Code, which have been drafted in collaboration with the ILO and discussed with the social partners, will take into account its previous comments on the exclusion of certain agricultural workers from the scope of the Code. The Committee hopes that the Labour Code will be amended in the very near future so as to ensure that all workers, without exception, are covered by the Labour Code provisions concerning the protection of wages. The Government is requested to keep the Office informed of any progress made in adopting these amendments.

Article 4. Partial payment of wages in kind. The Committee notes that in reply to its previous comments the Government states that the Council of Ministers has not adopted any regulations providing for the granting of representation, mobility or residency allowances. It notes, however, that such allowances are provided for in collective agreements and in labour contracts, which must be approved by the Minister for Labour. The Committee recalls that the Convention sets forth the following strict conditions for the partial payment of wages in kind: (i) the practice may only be authorized in industries or occupations where it is customary or desirable; (ii) the payment of wages in the form of alcoholic drinks or noxious drugs may not be permitted in any circumstances; and (iii) when authorized, measures should be taken to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that their value is fair and reasonable. The Committee trusts that the Government will adopt the required provisions in the very near future, for instance in the form of an implementing decree for section 68 of the Labour Code, so as to ensure the observance of these different conditions when wages are paid partially in kind. The Government is requested to provide any information concerning the measures taken to give effect to the Convention in this respect.

Article 8. Deductions. The Committee notes that, in its report, the Government refers only to deductions from wages which are authorized by a court ruling. It would, however, like to draw the Government’s attention to section 63 of the Labour Code, pursuant to which deductions from wages due are prohibited when not established by a final court ruling, unless the employer and worker have arranged otherwise. The Committee recalls that, in accordance with Article 8 of the Convention, such deductions shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award, but not by agreement between the employer and the worker concerned, so as to prevent any kind of abuse. The Committee therefore asks the Government to take the necessary measures to ensure that deductions from wages are only permitted under the conditions and to the extent prescribed by one of the three methods mentioned above and that workers are informed in this respect.

Article 9. Payment for the purpose of obtaining or retaining employment. The Committee notes the information provided by the Government concerning the registration of jobseekers with the Ministry of Labour or its local offices. It notes, however, that the provision referred to by the Government does not in any way prevent the existence of practices by which workers are required to make direct or indirect payments to an employer, his representative or a labour contractor or recruiter for the purpose of obtaining or retaining employment. The Committee once again asks the Government to take the necessary measures to ensure compliance with the Convention in this respect.

Article 10. Attachment of wages. The Committee notes the Government’s indication that it will take into account the Committee’s previous comments relating to the protection of workers’ wages against assignment. It asks the Government to keep it informed of any progress made in adopting Labour Code amendments which give effect to this provision of the Convention.

Part V of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from inspection service reports indicating the number and nature of any reported violations of the legislation on wage protection, and details of the measures taken to stop such violations.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information contained in the Government’s report, in particular, the promulgation of Act No. 43 of 18 June 2005 concerning the system of jobs, salaries and wages. As this text is not available at the Office, the Committee would appreciate receiving a copy.

Articles 1 and 4 of the Convention. The Committee notes that, under section 55 of the Labour Code of 1995, the minimum wage payable to a worker may not be less than the minimum wage paid by the state administration. It also notes that, according to the Government’s report, section 38(a) of Act No. 43 of 2005 defines the minimum wage as being the sum of money which corresponds to the first step of the salary scales applicable to civil servants. The Government adds that it is the Civil Service Ministry which is the competent body for establishing and readjusting minimum wages. Given therefore that by fixing the minimum wage for the public sector the Government also establishes the minimum wage for the private sector, the Committee requests the Government to explain how it is ensured in law and in practice the full consultation and the direct participation of the most representative employers’ and workers’ organizations in the minimum wage-fixing process. The Government is also requested to specify the exact function of the tripartite Labour Council, provided for in section 11 of the Labour Code, in view of the fact that the Labour Code expressly excludes from its coverage employees of the state administration and the public sector.

Moreover, the Committee has been commenting for many years on the manner in which minimum wages are determined for those categories of workers who remain outside the scope of the Labour Code by virtue of section 3(2) thereof, in particular, casual workers, domestic servants and agricultural workers. The Committee recalls that the Government had previously reported that Ministerial Orders were under preparation to regulate the status of these categories of workers which would include provisions on minimum wage fixing. The Committee asks the Government to keep it informed of any progress made in this respect.

Article 5 and Part V of the report form. The Committee notes the Government’s statement that no data are available on labour inspection results. The Committee requests the Government to supply up to date information on the practical application of the Convention, including for instance: (i) the number of labour inspections that have been made annually; (ii) the approximate number of workers covered by the minimum wage legislation, or remunerated at the minimum wage rate; (iii) the minimum wage rates in force; (iv) statistics on the evolution of the minimum wage in recent years as compared to the evolution of economic indicators, such as the inflation rate, in the same period; and (v) copies of official documents, such as annual reports of the Labour Council, bearing on the operation of the minimum wage system or on wage policy issues.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s reports as well as the adoption of the new Labour Code, Act No. 5 of 1995. It requests the Government to supply further information on the following points.

Article 2 of the Convention. Further to its previous comments regarding agricultural workers, the Committee notes that under section 3(2)(j) of the new Labour Code its provisions do not apply to persons employed in agriculture and pastoral work other than: (i) persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products; (ii) persons who on a permanent basis operate or repair mechanical equipment required for agriculture or permanent irrigation works; and (iii) persons working in livestock husbandry. In this connection, the Committee notes the Government’s indication that there are no agricultural workers in the broad sense except for workers engaged in the exploitation and commercialization of their own products, persons who on a permanent basis repair mechanical equipment required for agriculture or for permanent irrigation, and persons working in livestock raising. In addition, the Government states that even though 70 per cent of the Yemeni population work in agriculture, they work in their own fields and do not work for others. The Committee would nevertheless recall that in an earlier report the Government referred to the possibility of applying certain provisions of the new Labour Code to those agricultural workers who are excluded from its coverage as well as to casual workers and domestic servants by order of the Council of Ministers issued pursuant to section 4 of the Labour Code with respect to some categories of workers covered by section 3 of the same Code. Moreover, the Government indicated that it is currently in the process of drafting regulations, decrees and ministerial orders for the application of the Labour Code including those relative to wage protection and minimum wages. The Committee trusts that the Government will take whatever steps may be necessary to ensure that all workers without exception benefit from wage protection in accordance with the terms of the Convention. It requests the Government to keep it informed of any progress achieved in this regard, and to transmit the texts of any new laws or regulations pertaining to wage protection as soon as they are adopted.

Article 4. Further to its previous comments, the Committee notes that according to the Government the Labour Code did not specify in kind payment so as to avoid unjust distribution of the product or wrong evaluation of the remuneration. However, the Committee notes that under section 2 of the Labour Code, the terms "basic wage" and "full wage" are defined as payment made by the employer to the worker in consideration of his work, whether in cash or in kind which may be evaluated in currency. Moreover, section 68 of the Labour Code provides for special regulations to be issued by the Council of Ministers regarding allowances in case of workers transferred to remote areas, while under section 70 of the Code, employers are required to provide workers with adequate housing and food when working in places remote from inhabited areas. The Committee notes the Government’s intention to examine the issue of wage payment in kind with the employers’ and workers’ organizations when elaborating the regulations or decrees implementing the Labour Code. It also takes note of the Government’s statement that the Committee’s comments will be given due consideration in any new amendments to the Labour Code. In this respect, the Committee recalls that in accordance with the requirements of the Convention, to which the Government is bound to give full effect by virtue of its ratification: (i) the partial payment of wages in kind may only be authorized in industries or occupations where it is customary or desirable; (ii) the payment of wages in the form of alcoholic drinks or noxious drugs may not be permitted in any circumstances; and (iii) that, when authorized, measures should be taken to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that their value is fair and reasonable. The Committee hopes that the Government will make every effort to take the necessary action in the very near future in order to bring the national legislation into conformity with the Convention. It also asks the Government to indicate whether the regulations and ministerial orders referred to in sections 68 and 70 of the Labour Code have already been issued, and if so, to communicate a copy of those texts.

Article 8. The Committee notes that section 63 of the Labour Code provides for the possibility of withholding the wages by agreement between the employer and the worker. The Committee points out, however, that according to the terms of the Convention the types and extent of deductions from wages should be prescribed by national laws or regulations or fixed by collective agreement or arbitration award and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted by agreement between the employer and the worker so as to ensure legislative conformity with paragraph 1 of this Article of the Convention. As regards measures to ensure that workers are informed of the conditions under which, and the extent to which, deductions may be made, the Committee notes the Government’s assurances that the regulations on wages, once adopted, will contain appropriate provisions as requested by paragraph 2 of this Article of the Convention.

Article 9. The Committee notes that the Labour Code does not contain any provision specifically prohibiting any deduction from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment made by a worker to an employer, as required under this Article. The Committee trusts that the necessary measures will soon be taken to ensure that the terms of the Convention are fully applied in this respect.

Article 10. The Committee notes the Government’s indications concerning the limits prescribed by national laws and regulations for the protection of wages against unfair or excessive deductions and attachment. It recalls, however, that the Convention provides for the protection of workers’ wages not only against attachment but also against assignment, and therefore asks the Government to supply information on the measures taken or contemplated to give full effect to this Article of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in reply to its previous comments. It also notes that a new Labour Code (Act No. 5 of 1995) has been promulgated by a Presidential Legislative Order on 9 March 1995.

Article 1 of the Convention. The Committee notes that the 1995 Labour Code excludes, under its section 3, some categories of workers from its scope of application, including casual workers, domestic servants and allied workers and persons engaged in pastoral and agricultural work. The Committee also notes the Government's indication that the Council of Ministers will very soon promulgate Orders to regulate the status of these categories of workers which will include provisions on minimum wage fixing. It hopes that the Government will soon provide copies of such Orders.

Article 4. The Committee notes again that the Government has not yet established the tripartite labour council, provided for in section 11 of the 1995 Labour Code, which includes among its competence the elaboration of a general policy on wages. The Government indicates that the relevant regulations and labour legislation will be promulgated soon and that this tripartite council will be established by the Council of Ministers to fix minimum wages. The Committee again hopes that this body will very soon be established to fix and adjust minimum wage rates in accordance with the provisions of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Further to its previous comments, the Committee noted the Government's repeated reference to the draft Labour Code. It hopes that the draft Code will soon be adopted in such a form as to give effect to the Convention on the points mentioned below, and asks the Government to provide information on any development in this regard.

Article 2 of the Convention. As to the workers in the agricultural sector, the Committee has noted that only some of them (those engaged in the exploitation and commercialization of the products, permanent workers for the repair of mechanical tools or for permanent irrigation, and those engaged in cattle raising) are covered by the draft Code by virtue of its section (3)(b), item (10) (a), (b) and (c). Recalling that the Convention applies to all workers to whom wages are paid or payable, the Committee requests the Government to indicate measures taken or envisaged to ensure the protection of wages for the workers excluded from the Labour Code.

Article 4, paragraph 2. The Committee notes the Government's indication that the draft Code does not specify the sectors or occupations in which the payment in kind is permitted. It hopes that provisions will be included in the draft Code for this purpose and also to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his family, and that the value attributed to such allowances is fair and reasonable in accordance with this provision of the Convention.

Article 8. The Committee has noted that Act No. 19 of 1991 on the public service referred to by the Government contains provisions regulating the conditions and the extent of deductions from wages. It has noted, however, that sections 63, 64 and 93 of the draft Labour Code, as cited in the report of the Government, only regulate the attachment of wages and deductions for particular reasons (material damages or infringement of obligations by the worker). The Committee hopes that provisions will be included in the draft Code so as to ensure that, as regards workers who are not covered by the Public Service Act, deductions from wages for whatever reason should be permitted only under conditions and to the extent prescribed. It also asks the Government to indicate the steps taken to inform the workers of such regulations of deductions.

Article 10. As to the public service, the Committee has noted that, under section 66 of the above Act, if the public servant is indebted to a third party guaranteed by the administrative unit, it is possible to make deductions from wages to pay such a debt according to the condition of guarantee. It requests the Government to indicate how such deductions are limited when fixing the conditions of guarantee. As regards other sectors than the public service, the Committee points out that the provisions of sections 63, 64, 93 and 95 of the draft Code cited by the Government are not sufficient to give effect to this provision of the Convention requiring the protection of wages from excessive assignment. It hopes that provisions will be included in the draft Code to prescribe the manner and limit in which wages may be assigned.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments, the Committee noted the Government's reference to the draft Labour Code. It hopes that the draft Code will soon be adopted in such a form as to give effect to the Convention on the points mentioned below. The Committee asks the Government to provide information on any development in this regard as well as a copy of the draft Code.

Article 2 of the Convention. As to the workers in the agricultural sector, the Committee notes that only some of them (those engaged in the exploitation and commercialization of the products, permanent workers for the repair of mechanical tools or for permanent irrigation, and those engaged in cattle raising) are covered by the draft Code. Recalling that the Convention applies to all workers to whom wages are paid or payable, the Committee requests the Government to indicate measures taken or envisaged to ensure the protection of wages to the workers excluded from the Labour Code.

Article 4, paragraph 2. The Committee notes that the definition of wages under the draft Code includes "adequate payment in kind" without prescribing conditions of such payments. It hopes that provisions will be included in the draft Code so as to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his family, and that the value attributed to such allowances is fair and reasonable in accordance with this provision of the Convention.

Article 8. The Committee notes that Act No. 19 of 1991 on the public service referred to by the Government contains provisions regulating the conditions and the extent of deductions from wages. It notes, however, that sections 63, 64 and 93 of the draft Labour Code, according to the Government, only regulate the attachment of wages and deductions for particular reasons (material damages or infringement of obligations by the worker). The Committee hopes that provisions will be included in the draft Code so as to ensure that deductions from wages for whatever reason should be permitted only under conditions and to the extent prescribed. It also asks the Government to indicate the steps taken to inform the workers of such regulations of deductions.

Article 10. As to the public service, the Committee notes that, according to the Government, the wage is one of the rights which the public servant is prohibited to relinquish, but that, under section 66 of the above Act, if the public servant is indebted to a third party guaranteed by the administrative unit, it is possible to make deductions from wages to pay such a debt according to the condition of guarantee. It requests the Government to indicate how such deductions are limited when fixing the conditions of guarantee. As regards other sectors than the public service, the Committee points out that the provision in the draft Code cited by the Government which prohibits the employer's restricting the workers' freedom to dispose of their wages is not sufficient to give effect to this provision of the Convention requiring the protection of wages from excessive assignment. It hopes that provisions will be included in the draft Code to prescribe the manner and limit in which wages may be assigned.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes the Government's report and in particular its reference to the draft Labour Code. It hopes that the draft Code will soon be adopted in such a form as to give effect to the Convention on the points mentioned below. The Committee asks the Government to provide information on any development in this regard as well as a copy of the draft Code.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes the Government's report and in particular its reference to the draft Labour Code, and to Act No. 19 of 1991 on the public service. It hopes that the draft Code will soon be adopted to give effect to the Convention on the points mentioned below. The Committee asks the Government to provide information on any development in this regard as well as a copy of the draft Code.

Article 1 of the Convention. The Committee notes the Government's intention to examine the situation of workers excluded from the scope of the Labour Code, such as non-permanent workers in agriculture and domestic servants, including the fixing of minimum wages applicable to them, under section 4 of the draft Labour Code. It requests the Government to supply information on any steps taken to this end.

Article 4. The Committee notes the Government's indication that the Wage Fixing Committee under section 85 of the Labour Code has not yet been established and that a tripartite Council of Labour is provided for by section 11 of the draft Code which includes among its competence the elaboration of wages policies. It hopes that either of these bodies will soon be established to fix or adjust minimum wages in accordance with the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Articles 1 and 4, paragraph 2, of the Convention. The Committee understands from the definition contained in section 2 of the Labour Code and from the explanations given by the Government, that the partial payment of wages in kind is authorized. The Committee asks the Government to indicate the industries or occupations in which this method of payment may be authorized and the measures that have been taken in such cases to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his family, and that the value attributed to such allowances is fair and reasonable, in accordance with the above provisions of the Convention.

Article 2. Section 3 of the Labour Code provides that the Code shall be applicable to all the sectors prescribed thereunder (i.e. state civil sector and public sector, productive and services cooperative sector, mixed sector, private sector and any foreign sector to which the laws of the State are applicable), and that rules shall specify the scope and extent of the law in accordance with the working conditions and the peculiarities in each case. The Committee asks the Government to indicate whether such rules have been adopted and, if so, to provide a copy of them. The Committee also asks the Government to state whether the agricultural sector is also covered by the provisions of the Labour Code.

Article 8, paragraphs 1 and 2. The Committee observes that section 66 of the Labour Code provides that wages may not be attached except by court order, but makes no provision for a similar prohibition in respect of deductions from wages, whereas the above Article of the Convention provides that deductions from wages shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award, of which workers must be informed. The Committee asks the Government to indicate under what conditions and to what extent deductions from wages are permitted, stating the concrete arrangements that have been made (other than the general discussions and public meetings referred to in the report) to inform the workers concerned (such as wage slips). The Committee also hopes that a formal provision reflecting the substance of Article 8 of the Convention will be incorporated in the national legislation when it is next revised.

Article 10. The Committee notes that the Labour Code contains no formal provision prohibiting also the assignment of wages within the limits laid down by the Convention. In its earlier report, the Government referred to section 7(a) of the Labour Code, which stipulates that any Act which compels workers to relinquish their rights arising out of the work contract is null and void and that this provision also covers assignment of wages. The Committee took due note of this statement. It would none the less be desirable for a formal provision prohibiting the assignment of wages to be incorporated into the legislation when it is next revised.

The Committee hopes that the legislative reform currently taking place will take into consideration the points raised and asks the Government to furnish the relevant texts with its report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 1 of the Convention. The Committee recalls that section 3 of the Labour Code excludes from the scope thereof, in addition to public officials and employees and workers of the public administration, persons engaged in occasional employment lasting less than one month, agricultural workers not permanently employed in an undertaking and domestic servants (whose employment conditions may be regulated by an Order of the competent Minister). The Committee noted that there was legislation governing the fixing of the minimum wages of state officials and workers, and requests the Government to provide information on the entire minimum wage system covering the categories of workers mentioned above who remain outside the scope of the Labour Code by virtue of section 3 thereof.

Article 4. The Committee noted that the Wage Fixing Committee provided for by section 85 of the Labour Code had not yet been established owing, in particular, to the constant and rapid increase in workers' wages. The Committee recalls that, according to the Convention, each Member which ratifies it undertakes to establish and maintain a system for fixing and adjusting minimum wages which covers all groups of wage-earners whose terms of employment are such that coverage would be appropriate. The Committee hopes that appropriate steps will be taken to establish the Wage Fixing Committee provided for by the Labour Code.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

South Yemen

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 4, paragraph 2, of the Convention. The Committee understands from the definition contained in section 2 of the Labour Code and from the explanations given by the Government in its report, that the partial payment of wages in kind is authorised. The Committee asks the Government to indicate the industries or occupations in which this method of payment may be authorised and the measures that have been taken in such cases to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his family, and that the value attributed to such allowances is fair and reasonable, in accordance with the above provisions of the Convention.

Article 10. The Committee notes that the Labour Code contains no formal provision prohibiting also the assignment of wages within the limits laid down by the Convention. In its report, the Government refers to section 7(a) of the Labour Code, which stipulates that any Act which compels workers to relinquish their rights arising out of the work contract is null and void and that this provision also covers assignment of wages. The Committee takes due note of this statement. It would none the less be desirable for a formal provision prohibiting the assignment of wages to be incorporated into the legislation when it is next revised.

The Committee hopes that the legislative reform currently taking place will take into consideration the points raised and asks the Government to furnish the relevant texts with its report.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

South Yemen

Referring to its general observation, the Committee notes that the Government's report has not been received and recalls its previous direct request, which read as follows:

The Committee takes note of the Government's report received in June 1989 and requests additional information on the following points:

Articles 1 and 4, paragraph 2, of the Convention. The Committee understands from the definition contained in section 2 of the Labour Code and from the explanations given by the Government in its report, that the partial payment of wages in kind is authorised. The Committee asks the Government to indicate the industries or occupations in which this method of payment may be authorised and the measures that have been taken in such cases to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his family, and that the value attributed to such allowances is fair and reasonable, in accordance with the above provisions of the Convention.

Article 2. Section 3 of the Labour Code provides that the Code shall be applicable to all the sectors prescribed thereunder (i.e. state civil sector and public sector, productive and services co-operative sector, mixed sector, private sector and any foreign sector to which the laws of the State are applicable), and that rules shall specify the scope and extent of the law in accordance with the working conditions and the peculiarities in each case. The Committee asks the Government to indicate whether such rules have been adopted and, if so, to provide a copy of them. The Committee also asks the Government to state whether the agricultural sector is also covered by the provisions of the Labour Code.

The Committee hopes that the legislative reform currently taking place will take into consideration the points raised and asks the Government to furnish the relevant texts with its report.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government, concerning the wages of state officials and of employees of public establishments and mixed enterprises, which are fixed in accordance with Act No. 49 of 1977 and Act No. 50 of 1982.

Article 1 of the Convention. The Committee recalls that section 3 of the Labour Code excludes from the scope thereof, in addition to public officials and employees and workers of the public administration, persons engaged in occasional employment lasting less than one month, agricultural workers not permanently employed in an undertaking and domestic servants (whose employment conditions may be regulated by an Order of the competent Minister). The Committee notes that there is legislation governing the fixing of the minimum wages of state officials and workers, and requests the Government to provide information on the entire minimum wage system covering the categories of workers mentioned above who remain outside the scope of the Labour Code by virtue of section 3 thereof.

Article 4. The Committee notes that the Wage Fixing Committee provided for by section 85 of the Labour Code has not yet been established owing, in particular, to the constant and rapid increase in workers wages. The Committee recalls that, according to the Convention, each Member which ratifies it undertakes to establish and maintain a system for fixing and adjusting minimum wages which covers all groups of wage earners whose terms of employment are such that coverage would be appropriate. The Committee hopes that appropriate steps will be taken to establish the Wage-Fixing Committee provided for by the Labour Code.