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Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Mali (RATIFICATION: 1960)

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The Committee notes the observations of the National Council of Employers of Mali (CNPM), provided with the Government’s report.

Article 3(1) and (2) of Convention No. 26. Minimum wage-fixing machinery and participation of the social partners. In its previous comment, noting that section 284 of the Labour Code provides that: (i) the opinion of the Higher Labour Council (CST)is required in all cases in which regulations have to be issued under the provisions of the Labour Code; and (ii) the CST is also responsible for examining the elements that could serve as a basis for the determination of the minimum wage, the Committee requested the Government to provide information on the effect given in practice to section 284 of the Labour Code on the occasion of a future examination of the rates of the guaranteed minimum interoccupational wage (SMIG). The Committee notes the Government’s indication in its report that it undertakes to provide this information at the forthcoming examination of the SMIG. The Committee notes that the last examination of the SMIG took place in 2016. Hoping that the process for the examination of the SMIG will be reactivated in the near future, the Committee once again requests the Government to provide information on the effect given in practice to section 284 of the Labour Code on the occasion of this examination.

Article 12 of Convention No. 95. Regular payment of wages. In its previous comment, the Committee noted the observations of the Confederation of Workers’ Unions of Mali (CSTM), according to which certain parapublic institutions have several months of wage arrears, including delays in the payment of wages of between four and nine months for the workers of the Mali Geographical Institute (IGM). The Committee notes the Government’s indication that the payment of wage arrears for the workers of the IGM and for the territorial authorities are being regularized. The Committee notes that the CNPM in its observations indicates that the Government has not provided any information on this subject, including on the number of months paid to date. The Committee requests the Government to take the necessary measures, in consultation with the social partners, to resolve the problem of wage arrears and to provide information in this regard.

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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. The Committee notes the observations of the Confederation of Workers’ Unions of Mali (CSTM), received in 2017, on the application of these Conventions.

Legislative developments. Further to its previous comments, the Committee notes the adoption of Act No. 2017-021 of 12 June 2017 (a copy of which is attached to the Government’s report) amending several provisions of the Labour Code, to strengthen in particular the provisions on the protection of wages.

Minimum wages

Article 3(1) and (2) of Convention No. 26. Minimum wage-fixing machinery and participation of the social partners. Further to its previous comments, the Committee notes the adoption of Decree No. 2015-0363/P-RM of 19 May 2015 setting the guaranteed minimum interoccupational wage (SMIG). It also notes that section 284 of the Labour Code provides that: (i) the opinion of the Higher Labour Council is required in all cases in which regulations have to be issued under the provisions of the Labour Code; and (ii) the Higher Labour Council is also responsible for examining the elements that could serve as a basis for the determination of the minimum wage. The Committee requests the Government to provide information on the effect given in practice to section 284 of the Labour Code on the occasion of a future examination of the rates of the SMIG.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages. In its previous comments, the Committee noted the existence of repeated delays in the regular payment of wages in all sectors and requested the Government to intensify its efforts to resolve this situation. In this regard, the Committee notes the Government’s indication that no delay in the payment of wages has been reported since 2014. The Committee nevertheless notes that, according to the CSTM, certain parapublic institutions have several months of wage arrears, including delays in the payment of wages of between four and nine months for the workers of the Mali Geographical Institute. The Committee requests the Government to provide its comments on the CSTM’s observations.

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The Committee notes the comments of the Confederation of Workers’ Unions of Mali (CSTM), received on 22 November 2013, concerning the absence in Mali of machinery established by regulations for the fixing of wages, despite the requests made by the CSTM to the Government and to employers since 2004 to establish machinery by regulation for the fixing of wages in accordance with fluctuations of purchasing power in general, and the profits of enterprises and services in particular. The Committee requests the Government to provide any comments that it may wish on this subject. Furthermore, the Committee notes that, contrary to the indication provided in the Government’s report, it does not contain copies of collective agreements fixing minimum rates of wages in sectors of food industries, mining, geological and hydrogeological companies, community health centres, private Catholic educational institutions and babysitting companies. The Committee further notes that the Government’s report does not contain a copy of Decree No. 04-253/P-RM of 5 July 2004 establishing the minimum guaranteed interoccupational wage. The Committee requests the Government to provide these documents in its next report.

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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 matters raised in its previous direct request, which read as follows:

Repetition
Article 5 of the Convention. Minimum wage fixing mechanism. The Committee notes the information supplied by the Government concerning the composition and functioning of the Higher Labour Council. It also notes the information supplied by the Government on the basic elements which are used to determine the minimum guaranteed interoccupational wage, such as the living wage, economic conditions and their impact on the income of workers. The Committee notes that copies of collective agreements which can provide information on wage negotiations in the different branches of activity have not been received. It therefore requests the Government to supply copies of the collective agreements fixing the minimum wage in different branches of activity. Furthermore, the Committee again requests the Government to provide further information on the practical application of the Convention and it hopes that the Government will be in a position, at the time of its next report, to supply statistics concerning the number of workers subject to the regulations on minimum wage rates, and also extracts of reports from the inspection services concerning the monitoring of the practical application of the Convention.
The Committee’s understanding is that the minimum wage was officially approved in 2007 and currently corresponds to CFA francs 28,460 (US$60) per month. It also understands that this minimum wage is now fixed uniformly for all sectors and replaces the different amounts previously fixed for the agricultural and non-agricultural sectors. The Committee would be grateful if the Government would send a copy of the latest decree fixing the minimum wage at its current level and also more detailed information on the consultations held in this regard within the Higher Labour Council.

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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:

Repetition
Article 5 of the Convention and Part V of the report form. The Committee notes the information supplied by the Government concerning the composition and functioning of the Higher Labour Council. It also notes the information supplied by the Government on the basic elements which are used to determine the minimum guaranteed interoccupational wage, such as the living wage, economic conditions and their impact on the income of workers. The Committee notes that copies of collective agreements which can provide information on wage negotiations in the different branches of activity have not been received. It therefore requests the Government to supply copies of the collective agreements fixing the minimum wage in different branches of activity. Furthermore, the Committee again requests the Government to provide further information on the practical application of the Convention and it hopes that the Government will be in a position, at the time of its next report, to supply statistics concerning the number of workers subject to the regulations on minimum wage rates, and also extracts of reports from the inspection services concerning the monitoring of the practical application of the Convention.
The Committee’s understanding is that the minimum wage has been officially approved and currently corresponds to CFA francs 28,460 (US$60) per month. It also understands that this minimum wage is now fixed uniformly for all sectors and replaces the different amounts previously fixed for the agricultural and non-agricultural sectors. The Committee would be grateful if the Government would send a copy of the latest decree fixing the minimum wage at its current level and also more detailed information on the consultations held in this regard within the Higher Labour Council.
Finally, the Committee takes 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 regards. The Committee therefore suggests that the Government examine 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 5 of the Convention and Part V of the report form. The Committee notes the information supplied by the Government concerning the composition and functioning of the Higher Labour Council. It also notes the information supplied by the Government on the basic elements which are used to determine the minimum guaranteed interoccupational wage, such as the living wage, economic conditions and their impact on the income of workers. The Committee notes that copies of collective agreements which can provide information on wage negotiations in the different branches of activity have not been received. It therefore requests the Government to supply copies of the collective agreements fixing the minimum wage in different branches of activity. Furthermore, the Committee again requests the Government to provide further information on the practical application of the Convention and it hopes that the Government will be in a position, at the time of its next report, to supply statistics concerning the number of workers subject to the regulations on minimum wage rates, and also extracts of reports from the inspection services concerning the monitoring of the practical application of the Convention.

The Committee’s understanding is that the minimum wage has been officially approved and currently corresponds to CFA francs 28,460 (US$60) per month. It also understands that this minimum wage is now fixed uniformly for all sectors and replaces the different amounts previously fixed for the agricultural and non-agricultural sectors. The Committee would be grateful if the Government would send a copy of the latest decree fixing the minimum wage at its current level and also more detailed information on the consultations held in this regard within the Higher Labour Council.

Finally, the Committee takes 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 regards. The Committee therefore suggests that the Government examine 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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The Committee notes the report provided by the Government and requests it to supply the necessary information on the following points.

Article 4, in conjunction with Part V of the report form. The Committee notes the indication in the Government’s report that the enforcement of legal provisions respecting minimum wages is the responsibility of the labour inspection services among other responsible bodies. However, the Committee notes that the Government’s report does not provide the extracts of labour inspection reports requested in its previous direct request and it once again asks the Government to supply them with its next report. In particular, the Committee calls on the Government to provide detailed information regarding supervision of the application of the Convention in practice in home-working trades.

Article 5. With regard to the minimum wage rates in force in the country, the Committee notes that the Government refers to Decree No. 94-383/P-RM of 2 December 1994 fixing the minimum guaranteed inter-occupational wage and the minimum guaranteed agricultural wage at CFA 13,465 francs (for 173 hours) and CFA 13,515 francs per month (for 208 hours), respectively. Nevertheless, the Committee understands that these rates have been adjusted since then and requests the Government to provide with its next report copies of the legislative instruments establishing the minimum wage rates currently in force, including where appropriate, information on the trades to which the national regulations on the SMIG are not applicable. The Committee also notes that, according to the Government’s report, collective and workplace agreements concluded between employers’ and workers’ organizations are a means by which minimum wages are determined. In the absence of such agreements, laws and regulations are regularly adopted to increase the wages that are fixed where joint committees and employers’ and workers’ organizations do not meet regularly to adjust wages to the cost of living. The Committee therefore requests the Government to provide detailed information on wage negotiations in the various sectors and the text of any recent collective agreements fixing minimum wage rates. Furthermore, the Committee would be grateful if the Government would provide information on the operation of the Higher Labour Council, and particularly the opinions it has issued in relation to the determination of the minimum wage rates applicable.

Finally, the Committee notes that the Government’s report does not contain the information requested on the number of workers covered by minimum wage regulations, its failure to do so probably being a result of the lack of labour statisticians in the labour administration. The Committee hopes that the Government will make every effort, as it undertook to do, particularly through contacts with the various competent departments, such as the Employment and Training Observatory, with a view to compiling such information and forwarding it to the International Labour Office with its next report.

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The Committee notes with interest the adoption of Act No. 92-020 of 23 September 1992 issuing the Labour Code and of Decree No. 94-383 P-RM of 2 December 1994 fixing the guaranteed minimum wage and the guaranteed minimum wage in agriculture.

Article 5 of the Convention read together with Part V of the report form. The Committee notes the Government's indication that unfortunately it cannot provide information on the number of workers covered by the minimum wage regulations since no serious study on the question is available and that contact is soon to be made with the competent services, in particular the Employment and Training Observatory, with a view to remedying this situation. The Committee trusts that the Government will make every effort in the very near future to be able to provide information and extracts of reports regarding the practical application of the Convention, including, for example, approximate numbers of workers covered by minimum wage regulations and extracts of reports of the inspection services.

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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:

The Committee requests the Government to supply the text of Act No. 88-35/AN-RM of 8 February 1988 to amend the Labour Code of 1962, of Decree No. 80-76/PRM of 17 March 1980 to fix the minimum guaranteed inter-occupational wage, of Decree No. 197/PG-RM of 6 August 1985 to determine the terms and conditions of employment and the remuneration of domestic staff, and of any other decrees concerning the fixing of minimum wages. The Committee also requests the Government to supply information on the effect given in practice to the Convention including, for example, the approximate numbers of workers covered by the minimum wage fixing machinery and extracts from the reports of the inspection services, in accordance with Article 5 of the Convention and point V of the report form.

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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 following matters raised in its previous direct request:

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The Committee notes the information supplied in the Government's report. It requests the Government to supply the text of Act No. 88-35/AN-RM of 8 February 1988 to amend the Labour Code of 1962, of Decree No. 80-76/PRM of 17 March 1980 to fix the minimum guaranteed inter-occupational wage, of Decree No. 197/PG-RM of 6 August 1985 to determine the terms and conditions of employment and the remuneration of domestic staff, and of any other decrees concerning the fixing of minimum wages. The Committee also requests the Government to supply information on the effect given in practice to the Convention including, for example, the approximate numbers of workers covered by the minimum wage fixing machinery and extracts from the reports of the inspection services, in accordance with Article 5 of the Convention and point V of the report form.