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Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Senegal (RATIFICATION: 1962)

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Previous comments: C.26, C.99 and C95

In order to provide a comprehensive view of the issues related to the application of ratified conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (Minimum Wage-Fixing Machinery), 95 (Protection of Wages) and 99 (Minimum Wage-Fixing Machinery) together.

Minimum wages

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery. In response to the Committee’s previous comment, the Government indicates that Decree No. 2019-103 fixing the guaranteed minimum interoccupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) as of 1 June 2018, was signed on 16 January 2019. The Government adds that in June 2023 the social partners proposed an 11 per cent increase for the SMIG and the SMAG. The Committee notes that Decree No. 2023-1710 fixing the SMIG and the SMAG applicable with effect from 1 July 2023 was adopted on 7 August 2023 and that it validated the proposed increase of 11 per cent.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99. Penalties. Noting that neither the Labour Code nor Decree No. 2023-1710 provide for specific penalties in case of failure by the employer to pay the minimum wage, the Committee requests the Government to provide information on the nature and amount of the sanctions applied to ensure wages are not paid at less than the applicable minimum rates.

Protection of wages

Article 2 of Convention No. 95. Scope of application. The Committee requests the Government to indicate how effect is given to the provisions of the Convention in the public service.

Article 15(c). Penalties. The Committee requests the Government to provide information on the penalties imposed on employers in violation of the applicable texts on protection of wages that give effect to the Convention.

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Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Further to its previous comments, the Committee notes the information provided in the Government’s report. It also notes that, according to the third periodic report submitted by Senegal under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights in November 2018: (i) on 30 April 2018, the social partners concluded a Memorandum of Understanding on the rates of the guaranteed inter-occupational minimum wage (SMIG) and of the guaranteed agricultural minimum wage (SMAG) and has requested the competent authority, in accordance with section L.109 of the Labour Code, to set these rates by decree; and (ii) the draft decree is in the process of adoption (E/C.12/SEC/3, paragraph 37). The Committee requests the Government to provide information on the adoption of this decree.

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Articles 1 and 3 of the Convention. Scope of minimum wage fixing machinery – Consultations with the social partners. The Committee requests the Government to refer to the comments made under the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).

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The Committee requests the Government to refer to the comments made under Convention No. 26.

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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 under Convention No. 26.

[The Government is asked to report in detail in 2008.]

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See under Convention No. 26.

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The Committee notes the information supplied by the Government in its last report concerning, among other matters, the activities of officials in the labour department who supervise the application of minimum wages. In this connection, the Committee requests the Government to supply information concerning the number of workers covered by the minimum wages system in agriculture in accordance with Article 5 of the Convention.