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Articles 1 and 3 of the Convention. Minimum wage-fixing machinery. The Committee notes that the minimum guaranteed interoccupational wage and the minimum guaranteed agricultural wage remain fixed at CFA francs 209.10 per hour (about US$0.50) and CFA francs 182.95 per hour (about US$0.44), respectively, pursuant to Decree No. 19-154 of 19 February 1996. In this regard, the Committee recalls that a system of minimum wages might become meaningless if minimum wage rates were not reviewed and periodically revised in the light of changes in the socio-economic context of the country. The Committee therefore invites the Government to examine minimum wage levels and take steps to ensure that any increase takes due consideration of the needs of workers and their families.

Furthermore, the Committee notes with concern that, according to a World Bank study published in September 2007 entitled “Senegal – Looking for work: The road to prosperity”, the legal minimum wage is hardly ever used as a point of reference in practice and 46.6 per cent of workers in Dakar are paid wages which are less than the legal minimum, with a heavy proportion of women and young people. This figure is even higher in rural areas, where conditions of work and pay are more precarious than in the cities. The same report notes that the Department of Labour, which is responsible for the application of the Labour Code, has insufficient staff numbers, with 11 regional inspectorates and a labour statistics department, with a total of 34 inspectors and 50 controllers for the whole of the territory and that it is therefore not surprising that enterprises do not observe the rules since the risks of incurring penalties are practically non-existent. While noting the statistics supplied by the Government concerning the total number of inspections carried out in 2007 and the number of offences reported, the Committee requests the Government to continue to supply up to date information on the application of the Convention in practice, including, for example, statistics on recent trends in minimum wage rates in relation to changes in economic indicators such as inflation, copies of branch collective agreements fixing minimum wage rates, copies of activity reports of the National Committee on Social Dialogue (CNDS) or any other studies concerning wage policy, etc. The Committee also requests the Government to indicate the steps taken or contemplated to ensure the real and effective application of the minimum wage rate as a means of social protection.

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 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 decision by the Joint Commission No. 00 061/MFPET/DTSS of 24 January 2002 establishing a general increase in minimum wages in the private sector with effect from 1 January 2002, as well as Order No. 00 985/MFPET/DTSS of 2 April 2002 extending the application of the above decision, to all intents and purposes, to all employers and all workers in the sectors concerned. The Committee also notes Order No. 00 987/MFPET/DTSS of 2 April 2002 establishing minimum wages by occupational category for workers in the agricultural and allied trades. However, the Committee notes that the Government’s last report did not provide the information requested on the number of workers covered by the regulations respecting the minimum wage rates or extracts of the reports of the inspection services relating to the manner in which the Convention is applied in practice, as well as the number of violations reported and sanctions imposed, in accordance with Article 5 of the Convention and Part V of the report form. The Committee hopes that the Government will make every effort to compile and transmit the information requested in future reports both under the present Convention and under the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).

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The Committee notes the information contained in the Government’s reports and the documentation attached. It notes in particular the decision by the Joint Commission No. 00 061/MFPET/DTSS of 24 January 2002 establishing a general increase in minimum wages in the private sector with effect from 1 January 2002, as well as Order No. 00 985/MFPET/DTSS of 2 April 2002 extending the application of the above decision, to all intents and purposes, to all employers and all workers in the sectors concerned. The Committee also notes Order No. 00 987/MFPET/DTSS of 2 April 2002 establishing minimum wages by occupational category for workers in the agricultural and allied trades. However, the Committee notes that the Government’s report does not provide the information requested on the number of workers covered by the regulations respecting the minimum wage rates or extracts of the reports of the inspection services relating to the manner in which the Convention is applied in practice, as well as the number of violations reported and sanctions imposed, in accordance with Article 5 of the Convention and Part V of the report form. The Committee hopes that the Government will make every effort to compile and transmit the information requested in future reports both under the present Convention and under the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).

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The Committee notes the information supplied by the Government in its reports. The Committee requests the Government to provide information with its next report, in accordance with Article 5 of the Convention and Part V of the report form, on the number and the various categories of workers covered by the minimum wage regulations and on the results of any inspections carried out (for example, any violations noted, sanctions imposed, etc.).

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The Committee notes the information provided in the Government's report. It requests the Government to provide, in accordance with Article 5 of the Convention and point V of the report form, more information on the application of the Convention in practice, with regard, for example, to: (i) the guaranteed minimum wage applicable; (ii) available statistics on the number and the various categories of workers covered by the minimum wage regulations; and (iii) the results of any inspections carried out (for example, any violations noted, sanctions imposed, etc.).

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The Committee notes the Government's report. It recalls that the detailed information last supplied by the Government on the results of the application of wage-fixing machinery go back to 1986. The Committee hopes that in its next report the Government will supply the required information, particularly as regards the approximate numbers of workers covered, the minimum rates of wages fixed, and the more important of the other conditions, if any, established relevant to the minimum rates, as required under Article 5 of the Convention.