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Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Guinea (RATIFICATION: 1966)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on minimum wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 in a single comment.

Article 3 of Conventions Nos 26 and 99. Minimum wage fixing machinery. Further to its previous comments on the application of section 241.7(1) of the Labour Code, which provides that all employees have the right to a guaranteed inter-occupational minimum wage (SMIG) and that the guaranteed minimum rate for an hour of work shall be determined by decree, after the Advisory Committee on Labour and Social Legislation has issued an opinion, the Committee notes the Government’s indication that a decree is being formulated. The Committee therefore requests the Government to provide information on the adoption of this decree and on the consultations held in the Advisory Committee on Labour and Social Legislation on this matter.

Article 4 of Conventions Nos 26 and 99. System of supervision and sanctions. The Committee notes that sections 523.19 to 523.33 of the Labour Code establishing penalties for failure to comply with certain provisions of the Code do not cover section 241.7(1). The Committee therefore requests the Government to provide information on the sanctions applicable for failure to observe the minimum wage.

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The Committee notes that the Government’s reports have not been received. In its previous comments, the Committee raised several matters regarding the application of these Conventions. It notes the adoption of Act No. L/2014/072/CNT of 10 January 2014, issuing the Labour Code, several sections of which, especially within Title IV of Book 2, entitled “Wages and other elements of the remuneration” relate to the application of these Conventions. For example, section 241.7 provides that all employees have the right to a guaranteed inter-occupational minimum wage (SMIG) and that the guaranteed minimum rate for an hour of work shall be determined by decree, after the Advisory Committee on Labour and Social Legislation has issued an opinion. Moreover, several other sections within the said Title contain provisions on the protection of wages. The Committee therefore proposes to examine in detail the application of Conventions Nos 26, 95 and 99 at its next session and hopes that it will have before it the Government’s detailed reports on that subject. It also requests the Government to provide information on any decree adopted under section 241.7 of the Labour Code.

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Articles 1 and 3 of the Convention. Establishment of minimum wage fixing machinery. The Committee notes the Government’s indications that the national legislation does not regulate the agricultural sector. In this respect, the Committee however observes that, in accordance with section 1, the Labour Code of 1988 is applicable to workers and employers exercising their professional activity throughout the Republic of Guinea, and that agricultural workers are not therefore excluded. It also notes with interest the draft new Labour Code, the scope of application of which is extended to persons engaged in an economic activity outside an employment relationship, and section 241.7 of which provides for the fixing by decree, following an opinion by the Advisory Commission on Labour and Social Legislation, of a minimum guaranteed inter-occupational wage (SMIG). The Committee notes that negotiations are currently being held with a view to determining the amount of the SMIG. It hopes that the SMIG will be applicable to agricultural workers or, if not, that tripartite negotiations will soon lead to the fixing of a guaranteed minimum agricultural wage (SMAG) so that the many agricultural workers in the country are not deprived of all protection in relation to minimum remuneration, which is one of the fundamental aspects of decent work. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure the adoption of minimum wage fixing machinery for the agricultural sector.

The Committee also notes the Government’s indication that Convention No. 99 is not on the list of up-to-date Conventions. In this respect, the Committee draws the Government’s attention to the fact that, on the basis of the recommendations of the Working Party regarding Policy on the Revision of Standards, the ILO Governing Body included Convention No. 99, among the instruments that are not completely up to date, but remain pertinent in certain respects (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The most recent instrument in this field is the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements in relation to Convention No. 99, including a broader scope of application, the need for a complete system of minimum wages and the enumeration of criteria for determining the level of minimum wages. The Committee therefore invites the Government to examine the possibility of ratifying Convention No. 131 and requests it to keep the Office informed of any decision that may be taken in that respect.

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Article 3 of the Convention. Minimum wage fixing machinery. The Committee notes with regret that the report on the application of the Convention has not been received and requests the Government to refer to the comments made under Convention No. 26.

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The Committee notes with regret that the Government’s report has not been received. It therefore once more asks the Government to refer to the comments made under Convention No. 26, and hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government’s report has not been received and therefore once more refers the Government to the comments made under Convention No. 26.

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The Committee notes that the Government’s report has not been received and therefore once more refers the Government to the comments made under Convention No. 26.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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See under Convention No. 26.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

See under Convention No. 26.

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See under Convention No. 26, as follows:

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 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.

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See under Convention No. 26, as follows:

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.

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See under Convention No. 26, as follows:

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.