National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
Repetition Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its last report, the Government is maintaining its decision not to introduce the guaranteed interoccupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48-hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high, which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.The Committee notes that, according to the information provided by the Government in its last report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see paragraphs 99–101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its last report, the Government is maintaining its decision not to introduce the guaranteed interoccupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48-hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high, which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.
The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.
The Committee notes that, according to the information provided by the Government in its last report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see paragraphs 99–101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its last report, the Government is maintaining its decision not to introduce the guaranteed interoccupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48-hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high (in the order of 30 per cent in the second half of 2005), which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.
Collective agreements. The Committee notes that, according to the information provided by the Government in its last report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see paragraphs 99–101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its report, the Government is maintaining its decision not to introduce the guaranteed inter-occupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government in its report, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48‑hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high (in the order of 30 per cent in the second half of 2005), which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.
Collective agreements. The Committee notes that, according to the information provided by the Government in its report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see paragraphs 99 to 101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.
[The Government is asked to reply in detail to the present comments in 2007.]
The Committee notes the Government’s report. It regrets that despite its repeated comments made in the past ten years, the Government has not as yet been in a position to issue the decree fixing the minimum hourly wage rate as referred to in section 211 of the Labour Code. The Committee has been requesting for some time past additional information particularly as regards the full consultation and equal participation of employers’ and workers’ organizations in the operation of the minimum wage fixing machinery provided for in the Labour Code. In its reply, the Government merely states that there is no guaranteed interoccupational minimum wage (SMIG) and that the statutory instrument in the implementation of section 211 of the Labour Code is still under examination. The Committee notes therefore with concern that the provisions of the Convention are no longer given effect in practice as the Government fails to determine minimum wage rates for the workers employed in those trades in which no arrangements exist for the effective regulation of wages by collective agreement and wages are exceptionally low. It urges once again the Government to take the necessary action to fulfil its obligations arising out of the ratification of this Convention and to communicate information on the measures taken to this end. Finally, the Committee reminds the Government that it may have recourse to the technical assistance of the Office on these matters.
[The Government is asked to report in detail in 2005.]
[The Government is asked to report in detail in 2004.]
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
In its previous observation, the Committee noted the comments of the General Union of Workers of Guinea (UGTG) to the effect that, in its view, the wage scales for public sector employees were not sufficient to cover the living costs of a worker’s family of five members and that the new Labour Code of 1988 was applied without any subsequent text having been issued. The Committee also noted that, under the terms of section 211 of the Labour Code, the minimum hourly wage rate is fixed by decree. It also noted the Government’s indication that it intends to promote free wage bargaining in enterprises and to take account of the results of such bargaining in fixing a guaranteed inter-occupational minimum wage. The Committee therefore asked the Government to provide detailed information on the application of the minimum wage fixing machinery provided for in the new Code, particularly as regards consultation and participation of employers’ and workers’ organizations in equal numbers and on equal terms (Article 3, paragraph 2, of the Convention). It also asked the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code. The Government, in reply to these comments, notes that, contrary to the claims of the UGTG, the public sector is still covered by the Public Service Regulations and as such is in a different category from the private and mixed sectors, which are governed by the Labour Code. The wage scales are applied to public servants, but not to the occupational branches in the private sector, where completely free wage bargaining between employers and employees prevails. In the interests of promoting free wage bargaining in enterprises, the Government has proceeded to set up machinery for the various sectors. Collective agreements and accords have thus been concluded (public works, buildings, agricultural engineering and the like; mining, quarries and chemical industries; banking and insurance) or are under discussion (hotels and similar establishments). With regard to the public servants and contract staff employed by the Government, salaries are based on a single grade-related scale in which the value of each salary step is fixed by decree following negotiations between the Government and public service unions. The Committee notes this information. It asks the Government once again to provide detailed information on the application of the minimum wage fixing machinery provided for in the Labour Code, particularly as regards consultation and participation of employers’ and workers’ organizations in equal numbers and on equal terms (Article 3, paragraph 2, of the Convention). It also asks the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.
In its previous observation, the Committee noted the comments of the General Union of Workers of Guinea (UGTG) to the effect that, in its view, the wage scales for public sector employees were not sufficient to cover the living costs of a worker’s family of five members and that the new Labour Code of 1988 was applied without any subsequent text having been issued. The Committee also noted that, under the terms of section 211 of the Labour Code, the minimum hourly wage rate is fixed by decree. It also noted the Government’s indication that it intends to promote free wage bargaining in enterprises and to take account of the results of such bargaining in fixing a guaranteed inter-occupational minimum wage. The Committee therefore asked the Government to provide detailed information on the application of the minimum wage fixing machinery provided for in the new Code, particularly as regards consultation and participation of employers’ and workers’ organizations in equal numbers and on equal terms (Article 3, paragraph 2, of the Convention). It also asked the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.
The Government, in reply to these comments, notes that, contrary to the claims of the UGTG, the public sector is still covered by the Public Service Regulations and as such is in a different category from the private and mixed sectors, which are governed by the Labour Code. The wage scales are applied to public servants, but not to the occupational branches in the private sector, where completely free wage bargaining between employers and employees prevails. In the interests of promoting free wage bargaining in enterprises, the Government has proceeded to set up machinery for the various sectors. Collective agreements and accords have thus been concluded (public works, buildings, agricultural engineering and the like; mining, quarries and chemical industries; banking and insurance) or are under discussion (hotels and similar establishments). With regard to the public servants and contract staff employed by the Government, salaries are based on a single grade-related scale in which the value of each salary step is fixed by decree following negotiations between the Government and public service unions.
The Committee notes this information. It asks the Government once again to provide detailed information on the application of the minimum wage fixing machinery provided for in the Labour Code, particularly as regards consultation and participation of employers’ and workers’ organizations in equal numbers and on equal terms (Article 3, paragraph 2, of the Convention). It also asks the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.
The Committee notes the information provided in the Government's report in reply to its previous comments.
In its previous observation, the Committee noted the comments of the General Union of Workers of Guinea (UGTG) to the effect that, in its view, the wage scales for public sector employees were not sufficient to cover the living costs of a worker's family of five members and that the new Labour Code of 1988 was applied without any subsequent text having been issued. The Committee also noted that, under the terms of section 211 of the Labour Code, the minimum hourly wage rate is fixed by decree. It also noted the Government's indication that it intends to promote free wage bargaining in enterprises and to take account of the results of such bargaining in fixing a guaranteed inter-occupational minimum wage. The Committee therefore asked the Government to provide detailed information on the application of the minimum wage-fixing machinery provided for in the new Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2 of the Convention). It also asked the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.
The Committee notes this information. It asks the Government once again to provide detailed information on the application of the minimum wage-fixing machinery provided for in the Labour Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2, of the Convention). It also asks the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.
The Committee notes the information supplied by the Government and the comments on the application of this Convention communicated by the General Union of Workers of Guinea (UGTG), a copy of which was sent to the Government in November 1992 for its comments.
The UGTG indicates that, in its view, the wage scales for public sector employees are not sufficient to cover the living costs of a worker's family of five members and that the new Labour Code of 1988 is applied without any subsequent texts having been issued. The Committee notes that the Government has not sent its comments on the above-mentioned observations of the UGTG.
The Committee notes that under section 211 of the Labour Code the minimum hourly wage rate is fixed by decree. It also notes the Government's indication in its report that it intends to promote free wage bargaining in enterprises and to take account of the results in fixing a guaranteed inter-occupational minimum wage. The Committee asks the Government to provide detailed information on the application of the minimum wage-fixing machinery provided for in the new Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2(1) and (2), of the Convention). It asks the Government also to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.
The Committee takes note of the information supplied by the Government in its 1986 report indicating that section 241-6 of the draft Labour Code provides for the fixing of a guaranteed minimum wage with hourly rates to be determined by Decree at least once a year. It also takes note of the information contained in the Government's last report indicating the decision to implement a wages policy, following a mission carried out by an ILO expert.
The Committee hopes that the Government will provide full particulars of the steps being taken for the adoption of the draft Labour Code and the minimum wages system, with particular reference to steps taken to ensure consultation of employers' and workers' organisations and their association, in equal numbers and on equal terms, in the operation of the minimum wage-fixing machinery.