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The Committee notes the report sent by the Government in response to observations made by the General Confederation of Labour-Liberty (CGTL) of Cameroon. It notes with regret, however, that the Government’s replies are very brief and contain no fresh information about the measures taken to ensure implementation of the Convention.
Article 8, paragraph 1, of the Convention. Deductions from wages. The Committee refers to its previous comments regarding section 75(1) of Act No. 92/007 of 14 August 1992 issuing the Labour Code and section 4 of Decree No. 94/197/PM of 9 May 1994 regarding deductions from wages, under which such deductions, known as “deposits”, may be prescribed in collective agreements or individual labour contracts. It reminds the Government that according to Article 8(1) of the Convention, such deductions may be permitted only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award. Consequently, they may not be prescribed by a mere individual work contract. The Committee notes that in its 2008 report, the Government stated it expected the National Labour Advisory Board to examine the relevant legal texts. It notes that in reply to CGTL’s observations on this matter, in its last report the Government invites the above organization to make proposals for consideration by the National Labour Advisory Board. The Committee stresses that social dialogue is of fundamental importance to the implementation of international labour standards, and points out that responsibility for alignment of the national legislation with the Convention ultimately rests with the Government. The Committee accordingly asks the Government to send all relevant information on measures taken to bring the legislation into line with the Convention on this matter. The Government is asked to send the Office a copy of any draft amendments to section 75(1) of the Labour Code and section 4 of Decree No. 94/197/PM of 9 May 1994 that may have been submitted to the National Labour Advisory Board for consideration.
Article 12, paragraph 1. Payment of wages at regular intervals. In the absence of any information on this matter in the Government’s last report, the Committee again asks the Government to supply detailed information on the operation of the special commission set up to calculate and settle wage entitlements and arrears of former employees of state and semi-public enterprises which are being wound up because of the economic crisis, to which the Government referred in its report for 2008, together with details of the results obtained by the commission. The Government is also asked to provide information on the extent of the wage arrears problem in the various sectors of the economy and on the measures taken to remedy it.
The Committee furthermore notes that Decree 2008/099 of 7 March 2008 to raise the basic monthly pay of civilian and military personnel, increased the pay of these persons by 15 per cent as from 1 April 2008. The Committee requests the Government to provide information on the financial implications of this measure, especially as far as the overall wage debt is concerned.
With regard to the education sector, the Committee notes from the information in the report sent by the Government in 2008 that private sector employers have made efforts to reduce, and even eliminate, wage arrears. The Committee asks the Government to provide particulars of the measures taken to this end by the employers concerned.
Lastly, with regard to education establishments in the public sector, the Committee notes that in its report for 2008, the Government stated its intention of pursuing the operation to issue contracts to teaching staff, who are paid immediately out of HIPC (heavily indebted poor country) funds. It notes that the HIPC initiative, launched under the auspices of the International Monetary Fund and the World Bank, seeks to combat poverty by securing financing for the social sectors out of funds that were initially to be paid to the country’s donors. The Committee understands that a large number of teachers have been recruited under such contracts since 2007 and asks the Government to provide further information on the implementation of the HIPC initiative and on any results it may have made possible in terms of reducing wage arrears.
Article 12, paragraph 1, of the Convention. Payment of wages at regular intervals. The Committee notes the observations made by the General Union of Cameroon Workers (UGTC) concerning specific problems of accumulated wage arrears and the protection of workers’ claims following the privatization of certain enterprises. More concretely, the UGTC indicates that the workers of the companies LABOGENIE and MATGENIE and those employed by the Chamber of Agriculture, Fishing and Stock Raising have not received their wages for several months while the pay claims of the workers of CAMPOST, CAMTEL and FEICOM, which are being wound up, have not been settled. The Committee also notes similar observations made by the General Confederation of Labour – Liberty of Cameroon (CGTL) according to which wage arrears have been accumulated for more than ten years. In its reply, the Government merely states that it currently examines the settlement of any wage debts owed to former employees of state enterprises and that it has established for this purpose a special commission presided by the Finance Minister. The Committee asks the Government to provide full particulars on the operation and the results obtained by that commission. It also hopes that the Government will be in a position to supply in its next report up to date information on the nature and extent of any persistent difficulties concerning the timely payment of wages, especially in the public sector, and the measures or initiatives taken in order to settle all outstanding payments and prevent the recurrence of similar problems in the future. Recalling that the Government has still to reply to previous comments in connection with the wage arrears situation in the education sector, the Committee would appreciate receiving detailed information on the total amount of wage arrears, the sectors of economic activity and number of workers affected, the average delay in the payment of wages and any negotiated timetable for the reimbursement of the wage debt in question.
The Committee notes the observations received on 21 August 2007 from the General Union of Cameroon Workers (UGTC) concerning the application of the Convention. It notes that, according to the UGTC, the workers of the companies LABOGENIE and MATGENIE, and those employed by the Chamber of Agriculture, Fishing and Stock Raising, are several months in arrears with their wages. Furthermore, the pay claims of the workers of CAMPOST, CAMTEL and FEICOM, firms that are being wound up, have not been settled. The UGTC also indicates that public employees’ wages were reduced by 70 per cent in 1993 and have not been increased since, despite requests from the unions. The Committee requests the Government to provide all relevant information in response to the UGTC’s observations.
The Government is also asked to reply to the direct request of 2006, which likewise raised matters about wage arrears, particularly in the teaching sector, as well as the issue of wage deductions.
[The Government is asked to reply in detail to the present comments in 2008.]
The Committee notes the information supplied in the Government’s report and the attached documentation. It would appreciate further information on the following points.
Article 8, paragraph 1, of the Convention. Deductions from wages. The Committee notes that, according to the Government, the consignments and loans provided for in section 75(1) of the Labour Code pertain to specific posts involving the handling of funds and that the consignments and loans earn interest for the depositors and ensure their solvency. In view of Decree No. 94/197/PM of 9 May 1994 on wage deductions, the Committee wishes to draw the Government’s attention once again to the fact that section 4(1) of the Decree allows individual contracts to provide for part of the wage to be consigned. The Convention, however, requires the types and extent of permissible deductions to be prescribed only by national laws and regulations or fixed by collective agreements or arbitration awards. The Committee therefore requests the Government to indicate the measures taken or envisaged to bring its legislation into conformity with the Convention on this point.
Article 12. Payment of wages at regular intervals. The Committee understands that Cameroon is facing difficulties regarding the regular payment of wages, particularly in the teaching sector, where there are now wage arrears of between ten and 40 months. The Committee requests the Government to specify the sectors of activity and the number of workers affected by this problem, the total amount of the arrears and the average delay in payment. Please also indicate the measures taken or envisaged to end such practices and ensure regular payment of wages in future.
Part V of the report form. The Committee would be grateful if the Government would provide general information on the application of the Convention, including, for instance, extracts from official reports of the Labour Inspectorate showing the number and nature of the infringements reported, information on the practical difficulties encountered in implementing the Convention, etc.
The Committee notes the information supplied by the Government in its report and the attached documentation.
Article 8 of the Convention. The Committee notes that, by virtue of section 75(1) of the Labour Code Act No. 92/007 of 14 August 1992, deductions may be made for deposits ("consignations") set out in individual labour contracts. The Committee is bound to observe, however, that under this Article of the Convention the types and extent of permissible deductions should be prescribed by national laws or regulations or fixed by collective agreements or arbitration awards and not by individual agreements. The Committee has consistently taken the view that provisions of national legislation authorizing deductions from wages by virtue of individual agreement or consent do not offer the level of protection required by the Convention. It therefore asks the Government to consider the adoption of suitable measures to specify the types and limits of deductions permitted for deposits ("consignations") provided for in contracts of employment.