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Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Côte d'Ivoire (RATIFICATION: 1960)

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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 and 99 (minimum wages) and 95 (protection of wages) together.

Article 4 of Conventions Nos 26 and 99 and Article 15(c) of Convention No. 95. Enforcement and sanctions. The Committee notes that, in response to its previous comment on Convention No. 95 concerning actions taken by the labour inspectorate in the area of sanctions, the Government, in its report, merely provides general information on the powers of labour inspectors and indicates that the data on the number and nature of infringements noted will be incorporated into the new statistical data collection sheet. The Committee also notes that the Labour Code does not appear to contain provisions for specific sanctions in the case of non-compliance with the applicable minimum wage rates. In this respect, the Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81) regarding the obligation to prepare a report on the labour inspection services. The Committee requests the Government to provide information on actions taken by the labour inspectorate in the area of sanctions for infringements of the legislation giving effect to Convention No. 95, and of the applicable minimum wage rates, including the number and nature of infringements noted, the measures taken to put an end to them, and the sanctions imposed, as well as the outcome of court proceedings, where relevant.

Minimum wages

Article 3 of Conventions Nos 26 and 99. Methods of minimum wage fixing. Further to its previous comment, the Committee notes that, according to the Government’s information, the amount of the new guaranteed minimum agricultural wage (SMAG) has been approved by the social partners in the Standing Independent Consultation Committee (CIPC), the Labour Advisory Commission (CCT) has issued its opinion, and the adoption of the implementing decree is pending. The Committee also notes the Government’s indication that the negotiations for the re-evaluation of the guaranteed inter-occupational minimum wage rate (SMIG) are under way in the CIPC. The Committee requests the Government to continue to provide information on the negotiations initiated in order to re-evaluate the SMIG and the SMAG in application of section 31.8 of the Labour Code as well as the outcome of those, where relevant.

Wage protection

Articles 1 and 2 of Convention No. 95. Scope of application. The Committee notes that under the terms of section 2 of the Labour Code, the provisions of the latter are not applicable to persons appointed to a permanent public administration post and that workers employed in the service of the State or public associations that come under special regulations are excluded, within the limits of those regulations and of the general precepts of administrative law, from the scope of application of the Labour Code. The Committee notes that, apart from sections 10, 11, 61 and 155 of the General Public Service Regulations, which give effect to Articles 12 and 14 of the Convention, and section 180 of Decree No. 93-607 of 2 July 1993, laying down common terms for the application of the General Public Service Regulations, which gives effect to Article 8 of the Convention, the above texts applicable to public servants do not appear to cover the question of the protection of wages of these employees. The Committee therefore requests the Government to indicate the manner in which effect is given to the other provisions of the Convention in the public service.

Article 4(1) and (2). Partial payment of wages in kind. The Committee notes that in response to its previous comment, the Government indicates that the implementing decree of section 31.7 of the Labour Code has not yet been adopted and that the issue of partial payment of wages in kind will be presented to the social partners. In this context, the Committee once again requests the Government to provide information on any measures taken or envisaged, including the adoption of implementing regulations for section 31.7 of the Labour Code, to ensure that the payment of wages in kind may only be partial and that: (i) such allowances are appropriate for the personal use and benefit of the worker and their family; and (ii) the value attributed to such allowances is fair and reasonable. It also requests the Government to provide information on any discussions with the social partners on this issue and, where possible, the outcome of those.

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and 95 (protection of wages) together. It notes the observations of the General Confederation of Enterprises of Côte d’Ivoire, received in 2016, on the application of Conventions Nos 26 and 99.

Minimum wages

Articles 1 and 2 of Convention No. 26, Article 1 of Convention No. 99. Scope of application of the minimum wage-fixing machinery. Further to its previous comments, the Committee notes the Government’s indication in its report that the new Labour Code, adopted in 2015, provides that young people receive the same wage as other workers in the same professional category.

Article 3 of Conventions Nos 26 and 99. Methods of minimum wage fixing. In its previous comments, the Committee requested the Government to provide information on any measures taken or envisaged to revise the guaranteed inter-occupational minimum wage rate (SMIG) and the guaranteed minimum agricultural wage (SMAG), which have not been revised since 1994. The Committee notes with interest that the new SMIG was adopted by decree No. 2013-791 of 20 November 2013 and that, following this re-evaluation of the SMIG, discussions were held leading to the determination of the new scale for minimum wages by category, established by agreement, through decree No. 2015-855/MEMEASFP/CAB of 30 December 2015. The Committee also notes, however, the absence of information on the re-evaluation of the SMAG, despite the agreement reached in the Standing Independent Consultation Committee, according to the observations of the General Confederation of Enterprises of Côte d’Ivoire. The Committee notes the Government’s indication that the principle of negotiating the SMIG and SMAG rates every three years in the Labour Advisory Council was introduced into the 2015 Labour Code, through section 31.8. The Committee therefore requests the Government to provide information on the re-evaluation of the SMAG, as well as on the results of any negotiations on the minimum wage held since 2015 under section 31.8 of the Labour Code.

Wage protection

Article 4(1) and (2) of Convention No. 95. Partial payment of wages in kind. The Committee notes that, under section 31.1 of the 2015 Labour Code, benefits in kind are included in the definition of wages. Section 31.7 of the Labour Code provides in particular that housing and food supplies provided by the employer are part of the wage, and that the conditions of these benefits are set by decree. In addition, while the payment of wages in kind cannot be imposed, under section 32.1 of the Code, such payments, whether partial or total, seem to be voluntarily accepted by workers. The Committee recalls that only the payment of part of the wage in kind can be authorized under Article 4, and that adequate measures must be taken to ensure that: (a) such allowances are appropriate for the personal use and benefit of the worker and his or her family; and (b) the value attributed to such allowances is fair and reasonable. The Committee therefore requests the Government to provide information on the measures taken to ensure that the payment of wages in kind may only be partial and that: (a) such allowances are appropriate for the personal use and benefit of the worker and his or her family; and (b) the value attributed to such allowances is fair and reasonable. It also requests the Government to indicate whether implementing regulations for section 31.7 of the Labour Code have been adopted.

Article 12(1). Payment of wages at regular intervals. In its previous comments, the Committee requested the Government to provide an updated account on the current wage arrears situation. The Government indicates that: (i) in the public sector, there are no wage arrears; (ii) in the semi-public sector, the situation is largely regularized, particularly in the postal services where all wage arrears have been paid; (iii) in the private sector, there are wage arrears situations but most employers regularly pay their workers’ wages; and (iv) this trend is supported by the activities of the Labour Inspectorate in terms of awareness raising, monitoring of enterprises and dispute settlement to encourage reluctant employers to pay wages in accordance with legal requirements. The Committee notes this information.

Article 15, clause (c). In its previous comments, the Committee requested the Government to provide information concerning the revision of the Labour Code and the introduction of dissuasive sanctions for the delayed payment or non-payment of wages. The Committee notes that the new Labour Code, adopted in 2015, does not contain provisions setting out specific penalties in this area. According to information provided by the Government, the relevant legislation and regulations are enforced through visits and inspections in enterprises by the Labour Inspectorate, which has the power to impose penalties (fines) and can refer cases to the courts. The Committee therefore requests the Government to provide information on the activities of the Labour Inspectorate in this area, including the number and nature of the infringements registered, the measures taken to eliminate those and the penalties imposed, as well as the outcome of cases brought before the courts, where relevant.

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Article 3(1) of the Convention. Methods for fixing and adjusting the minimum wage. The Committee recalls its previous comment in which it noted that the guaranteed interoccupational minimum wage (SMIG) was last reviewed in 1994 and that the Labour Advisory Committee appeared to be no longer functioning. In its last report, the Government provided information on the theoretical calculation of the SMIG on the basis of 140 essential consumer goods and on the role of the Labour Advisory Committee in the mechanism for increasing minimum wage rates fixed by agreement. The Government confirmed, however, that the minimum wage has remained effectively unchanged for more than 17 years and, consequently, the Labour Advisory Committee has been unable to give its opinion on any revision thereof. The Committee notes the Government’s statement that discussions concerning the new amount of the minimum wage culminated in a unanimous agreement between the Government and the social partners, and a decree establishing the new minimum wage is due to be adopted once the comprehensive reform of the National Social Security Fund (CNPS), which indexes some of its benefits to the amount of the minimum wage, has been completed. It also notes the recommendation signed by the social partners calling for the SMIG to be reset at CFA francs 60,000 (approximately US$119) and proposing a meeting of the Labour Advisory Committee for this purpose. The Committee hopes that the rate of the SMIG will be revised in the very near future in such a way as to guarantee a decent standard of living for workers and their families, and requests the Government to keep the Office informed of any measures taken or contemplated in this regard. Moreover, the Committee would be particularly interested to receive copies of statistics and surveys, especially the survey of family budgets conducted by the statistics service, used by the Labour Advisory Committee as a basis for its work, and also copies of branch collective agreements fixing minimum wage rates.

Article 3(2)(3). Different minimum wage rates based on age. According to the Government’s report, section 23.2 of the preliminary draft amendments prepared in September 2010 to the Labour Code states that young workers shall not be paid at a lower rate or be placed in a lower occupational category on account of their age. The Committee requests the Government to send a copy of this preliminary draft to the Office.

Article 5 and Part V of the report form. Practical application. The Committee notes that, because of the current socio-political situation, the Government faces increasing difficulties in the collection of specific data concerning the application of the legislation to the minimum wage rate. It hopes that the Government will soon be in a position to compile and send general information on the manner in which the Convention is applied in practice, including statistics on the number of workers paid at the minimum wage rate and extracts from the reports of the inspection services indicating the number and nature of reported infringements and the corrective action taken.

Finally, the Committee wishes to take this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body on the basis of the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Governing Body considered that Convention No. 26 was one of the instruments which were no longer up to date, even though they were still relevant in certain respects. The Committee therefore suggests that the Government contemplate the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents a degree of progress in comparison with previous instruments concerning the fixing of a minimum wage, for example by providing for a wider scope, the setting up of a general minimum wage system and, finally, the adoption of certain criteria for determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or contemplated in this regard.

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Article 3, paragraph 1, of the Convention. Methods for fixing and adjusting the minimum wage. The Committee notes that, according to the information provided by the Government, the guaranteed interoccupational minimum wage (SMIG) was last reviewed in 1994 and is set at 36,607 CFA francs per month (approximately US$71). The current SMIG rate is based on a 10 per cent increase, initially negotiated by collective agreement for the industrial sector and subsequently extended to other sectors of activity, such as forestry and agriculture, by means of a ministerial circular. The Committee also notes that, according to the Government’s report, no decree has as yet been issued under section 31.6 of the Labour Code, which means that the minimum wage-fixing mechanism and its tripartite consultative body, the Labour Advisory Committee, are currently not in operation. Whilst noting the Government’s intention to undertake a comprehensive review of the Labour Code within the framework of a social forum, the Committee would like to recall that the minimum wage system risks being of little benefit if minimum wage rates are not periodically revised in line with socio-economic developments. Noting that the minimum wage rates have not been adjusted for 12 years and that, consequently, they may no longer guarantee a decent standard of living for workers and their families, the Committee invites the Government to take an interest in minimum wage levels and to do its utmost to ensure that any possible increase takes due account of the needs of workers and their families, for example, by maintaining their purchasing power with regard to a basket of essential consumer goods. The Committee also requests the Government to keep it informed of any developments regarding the revision of the Labour Code.

Article 3, paragraph 2(3). Different minimum wage rates based on age. The Committee notes the Government’s statement according to which, in practice, young workers paid on a time basis who perform their work under the same output and quality conditions as an adult worker, receive a wage equal to that of an adult worker. Recalling that, under section 49 of the interoccupational collective agreement of 1977, workers aged under 18 years who are paid on a time basis receive minimum wages ranging from 60 per cent of the minimum wage of adult workers for 14-15 year-olds to 90 per cent for 17-18 year-olds, the Committee asks the Government to specify the measures taken or envisaged to amend this provision and bring its legislation into line with national practice.

Article 5 and Part V of the report form. The Committee notes the Government’s indication that inspection visits are carried out despite limited means and the country’s ongoing political-military crisis. The Committee hopes that the Government will be able to provide, in its future reports, concrete information on the monitoring of the application of the minimum wage rate and the results obtained, the number of workers covered by the current SMIG rate, and any other information relating to the practical application of the Convention in the country.

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The Committee notes the report provided by the Government.

Article 3, paragraph 2(2), of the Convention. With reference to section 31(6) of the Labour Code, which provides for the fixing of guaranteed minimum inter-occupational wage rates by decree following the advice of the Labour Advisory Committee, the Committee requests the Government to provide detailed information on the minimum wage rates currently in force, the criteria taken into consideration in this respect and on any development relating to the operation of the Labour Advisory Committee. It also requests the Government to provide a copy of the decree by which the guaranteed minimum inter-occupational wage was adjusted most recently.

Article 3, paragraph 2(3). The Committee notes that, under section 49 of the inter-occupational collective agreement of 19 July 1977, the provisions of which were extended by Order No. 1 MTIC.CAB of 3 January 1978, unskilled workers aged under 18 years paid on a time basis receive minimum wages which only correspond to a certain percentage of those of adult workers in the same job in the corresponding occupational classification. The Committee also notes that, under the same section, young workers under 18 years of age paid on a piecework basis or by output receive identical wages to those of adults when they normally perform work that is generally entrusted to adults under the same conditions respecting output and quality. The Committee therefore notes that the national regulations in one case discard age as a decisive criterion for the determination of remuneration in place of the quantity and quality of the work performed, in accordance with the observations made by the Committee in its General Survey of 1992 on minimum wages, but retain it for young workers paid on a time basis. Recalling the fundamental principle of equal remuneration for work of equal value set forth by the Constitution of the ILO and section 31(2) of the Labour Code, the Committee requests the Government to indicate the reasons for the adoption of lower minimum wage rates for certain groups of young workers remunerated on a time basis and invites it to indicate in its next report any steps taken or envisaged to re-examine such measures in the light of the above principle.

Article 5 and Part V of the report form. While noting the Government’s statement that the current statistics do not make it possible to determine the number of persons covered by the minimum wage regulations, the Committee hopes that the Government will endeavour to compile and transmit such information in future reports.

The Committee also recalls, with regard to the implementation and supervision of the application of the Convention, that it is the responsibility of any Member which has ratified the Convention to secure its enforcement through an effective system of inspection that is responsible for and capable of ensuring the enforcement of the legal provisions relating to wages, as specified in Article 3, paragraph 1(a), of the Labour Inspection Convention, 1947 (No. 81). In view of the worrying statement by the Government in its report that the labour inspection services have for some years no longer been able to organize inspections and supervision due to lack of logistical means, the Committee requests the Government to inform the International Labour Office of the measures taken or envisaged to enable the labour inspection services to discharge their functions in future, which are all the more essential when the country is experiencing periods of instability during which workers’ rights are liable to suffer abuse.

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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:

The Committee notes the information provided in the Government’s report. It notes, in particular, section 31(6) of Act No. 95/15 of 12 January 1995 issuing the Labour Code which provides that decrees following the advice of the Labour Advisory Committee, shall establish the minimum interoccupational guaranteed wage rates (SMIG).

The Committee requests the Government to continue supplying, in accordance with Article 5 of the Convention, in conjunction with Part V of the report form, general information on the application of the Convention in practice, including: (i) the SMIG and the minimum wage rates by branch of activity in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the violations observed, the penalties imposed, etc.).

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The Committee notes the information provided in the Government's report. It notes, in particular, section 31(6) of Act No. 95/15 of 12 January 1995 issuing the Labour Code which provides that decrees following the advice of the Labour Advisory Committee, shall establish the minimum interoccupational guaranteed wage rates (SMIG).

The Committee requests the Government to continue supplying, in accordance with Article 5 of the Convention, in conjunction with point V of the report form, general information on the application of the Convention in practice, including: (i) the SMIG and the minimum wage rates by branch of activity in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the violations observed, the penalties imposed, etc.).