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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages) and 95 (protection of wages) together.

Minimum wages

Article 3(1) of Convention No 26. Minimum wage fixing machinery. The Committee notes the information provided by the Government in reply to its previous comments on this matter.
Article 4. Effective application in practice. Informal sector. Further to its previous comments, the Committee notes the Government’s indication in its report that, in practice, the guaranteed minimum inter-occupational wage is only effectively applied in enterprises in the formal sector. The Committee also notes that, according to the results of the 2011 integrated modular survey on the living conditions of households, more than 90 per cent of workers aged between 15 and 64 years were employed in the informal sector. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to guarantee the payment of the minimum wage to workers in the informal sector.

Protection of wages

Articles 8 and 10 of Convention No. 95. Deductions from and attachment and assignment of wages. In its previous comments, the Committee requested the Government to consider the adoption of suitable measures to prescribe the conditions and extent of deductions permitted under individual employment contracts, under section 216 of the Labour Code, so as to bring the legislation into conformity with Article 8(1). The Committee also requested the Government to take the necessary measures to adopt regulations setting limits on potential deductions. The Committee notes the Government’s indication that the legislation in this regard has not changed. The Committee therefore requests the Government to take the necessary measures to set the limit for deductions from wages, including those arising from attachment or assignment. The Committee particularly requests the Government to specify the conditions and limits on deductions that may be authorized under individual employment contracts.
Article 12(1). Regular payment of wages. In its previous comments, the Committee requested the Government to provide information on the progress of the clearance plan implemented to address issues related to the regular payment of wages that had led to wage arrears in the public service. The Committee notes the Government’s indication that the issue has been definitively resolved by issuing securities and that the clearance plan has been successfully completed.
Article 14(b). Payslips for workers. The Committee notes the Government’s reply to its previous comments on this matter.

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Article 3(1) of the Convention. Methods of fixing and adjusting minimum wages. The Committee notes the adoption of Decree No. 2009-130 of 16 April 2009 increasing the guaranteed interoccupational minimum wage (SMIG) to 31,625 CFA francs (approximately US$66) and Order No. 071/MTFP/DC/SGM/ DGT/DRP/SP–CNT of 23 February 2011 adjusting the occupation-based minimum wages of the public and semi-public sectors governed by the Labour Code. Since the Office has not received copies, the Committee would be grateful if the Government would again provide copies of the abovementioned decree and order, together with copies of the job classification and the minimum pay scales appended to section 83 of the general collective labour agreement. In its report, the Government acknowledges that the plight of workers facing poverty has grown worse in the current economic crisis, but states that it is combating the effects of the crisis, in particular by keeping the inflation rate below 3 per cent. The Committee wishes to draw the Government’s attention to the need to maintain a close correlation between trends in the cost of living and trends in the SMIG rate so as to maintain workers’ purchasing power and to secure a decent standard of living for them and their families. It accordingly asks the Government to indicate how it satisfies itself that the amount of the minimum wage takes due account of the real needs of workers and their families, for example in terms of a basic family basket, and to provide statistical information showing SMIG trends in recent years as compared to trends in economic indicators such as the consumer price index, over the same period.
Article 5 and Part V of the report form. Application in practice. The Committee requests the Government in its next report to provide information on the practical effect given to the Convention, including statistics of the number of employees paid at SMIG rates and extracts from reports of the labour inspection services containing information on the number of contraventions reported and the measures taken to remedy them, along with all available official documents or studies dealing with wage policy issues, allowing an evaluation of how the Convention is applied in practice.
Lastly, the Committee takes this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body on the basis of recommendations made by the Working Party on Policy regarding the Revision of Standards (document GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Governing Body placed Convention No. 26 in the category of instruments which are no longer fully up to date but remain relevant in certain respects. The Committee accordingly suggests that the Government contemplate the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for determining minimum wage levels. Ratification of Convention No. 131 appears to be all the more desirable as Benin’s legislation already establishes a national minimum wage applying to all sectors of the economy. The Committee requests the Government to keep the Office informed of any decision, either taken or under consideration, on this matter.

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The Committee notes the information provided by the Government in its last report, in particular the adoption of Decree No. 2003-201 of 10 June 2003, which raises the guaranteed interoccupational minimum wage (SMIG) to 27,500 CFA francs (approximately US$54) per month. The Committee also notes the signing of the general collective labour agreement of 30 December 2005, applicable to enterprises in the private and para-public sectors, which contains a number of provisions relating to the minimum wage (for example, sections 60, 61 and 64). In this regard, the Committee requests the Government to provide a copy of the annexes to section 83 of the collective agreement concerning the fixing of minimum wages by occupational category as soon as they have been drafted.

Furthermore, the Committee would be particularly interested in receiving concrete information, including statistical data, on recent fluctuations in the real value of the minimum wage and in the purchasing power that it represents in relation to a range of selected commodities. Recalling that the main aim of the Convention is to determine the rates of minimum wage that will enable workers to enjoy a suitable standard of living, the Committee asks the Government to provide its observations concerning the ability of current SMIG rates to meet such an objective and thus contribute to the gradual reduction of poverty and the improvement of social protection for workers.

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The Committee notes with interest the adoption and entry into force of Act No. 98-004 of 27 January 1998 issuing the Labour Code. It also notes with interest Decree No. 98-485 of 15 October 1998 issuing the conditions for the organization and functioning of the National Labour Council under section 289 of the new Labour Code, as well as Order No. 103/MFPTRA/DC/SGM/DT/SP-CNT of 28 September 2000 establishing and determining the composition of the joint commission responsible for raising the wages for the various categories in occupational branches in the private and para-public sectors. The Committee also notes, with reference to its previous comments, the Government’s statement that it does not currently have statistical data on the number and various categories of workers covered by the minimum wage regulations or on the violations reported or sanctions imposed due to the fact that such information is not systematically compiled. However, the Committee notes the Government’s undertaking to supply such data as soon as possible and also requests it to indicate at the same time the guaranteed minimum inter-occupational wage rate in force as determined by Decree No. 2000-162 of 29 March 2000, together with a copy of the Decree. The Committee also notes, with reference to the minimum wage rates by category in the private and para-public sectors covered by the Labour Code, that the Government refers in its report to Order No. 133/MFPTRA/DC/SGM/DT/SRT of 2 November 2000 adjusting the above rates, but that it attached to its report a copy of the texts relating to the adjustment of their rates in 1997, and not the texts relating to the 2000 adjustment. It would therefore be grateful if the Government would provide up-to-date copies with its next report of the texts relating to the minimum wage levels by category.

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The Committee notes the information provided in the Government's report in reply to its previous comments. It notes the Government's statement to the effect that there are no homeworkers in the country and that, were that category of worker to appear, no particular problems should arise, given that the same minimum wage applies to all categories of workers.

The Committee also notes that the interprofessional guaranteed minimum wage (SMIG) was revised in 1994 and again in 1997 under the terms of Decree No. 97-225 of 12 May 1997, raising the SMIG from 20,300 CFA francs to 21,924 CFA francs.

The Committee requests the Government to provide, in accordance with Article 5 of the Convention and point V of the report form, general information on the application of the Convention in practice including, as far as possible, available statistics on the number and various categories of workers covered by the minimum wage regulations and the results of any inspections (for example, violations noted, sanctions imposed, etc.).

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1. With reference to its previous direct request, the Committee notes the statement that the Government does not have any information on the existence of homeworkers and that therefore no measure is envisaged concerning the application of the provisions of the Convention to this category of workers. The Committee requests the Government to supply full information on the application of the legislation relating to the fixing of minimum wages for certain categories of workers, including homeworkers. In this respect, it requests the Government to indicate the measures which have been taken or are envisaged to obtain information on the existence and situation of homeworkers.

2. The Committee also notes Decree No. 239 of 1983 to raise the guaranteed minimum wage (SMIG), which was the last revision of the SMIG. It also notes Decree No. 87-50 to establish and determine the composition and functioning of the National Labour Council. The Committee would be grateful if the Government would indicate whether the decision not to raise the SMIG was taken by the National Labour Council.

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With reference to its 1985 general observation concerning workers in the homeworking trades and the information supplied by the Government in its last report, the Committee requests the Government to supply information about steps taken or contemplated to adopt appropriate legal texts that will bring the national legislation into conformity with the provisions of the Convention as regards the minimum wages of workers in the homeworking trades.

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