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Repetition 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 and 99 (minimum wages) and No. 95 (wage protection) together. The Committee notes the observations of the Workers Confederation of Comoros (CTTC), on the implementation of Conventions Nos 26, 95 and 99, received in 2017.Minimum wage Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. In its previous comments, the Committee requested the Government to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council (CCTE), in accordance with section 106 of the Labour Code. The Committee notes the Government’s indication in its report that in 2015, the CCTE examined seven regulatory texts including the decree fixing the inter-occupational guaranteed minimum wage (SMIG) for workers covered by the Labour Code. The Government adds that the tripartite members of the CCTE recommended that an expanded consultation framework should be established as soon as possible in order to examine the subject in greater depth through additional studies, taking into consideration the experience of other countries with regard to wage fixing as well as the country’s socioeconomic situation. The Committee notes that according to the CTTC, despite the discussions held by the CCTE in 2015, no text setting minimum wages was adopted. The Committee further notes that sections 90–92 of the Labour Code provide that collective agreements concluded by joint committees, composed of representatives of the most representative employers’ organizations and trade unions in the sector, may be extended and then determine the wages that must be applied for each occupational category. In this context, the Committee requests the Government to take the necessary measures to give effect to the provisions of section 106 of the Labour Code without delay and to provide information in this respect. It also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code.Article 4 of Convention No. 26 and Article 4 of Convention No. 99. System of supervision and sanctions. The Committee notes that the CTTC indicates that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee requests the Government to provide its comments in this regard. Protection of wages Articles 8 and 10 of Convention No. 95. Deductions from wages, attachment or assignment of wages. Further to its previous comments, the Committee notes that the Government indicates in its report that it intends to submit a draft order to the CCTE to determine the parts of wages that are liable to progressive deductions, as well as the part that is exempt from any attachment or assignment. The Committee notes that such an order is provided for under sections 114 and 119 of the Labour Code, as amended in 2012. The Committee requests the Government to take the necessary measures to adopt the order without delay and to provide information in this respect. Article 12(1). Regular payment of wages. Application in practice. Further to its previous comments on the need to resolve the situation of wage arrears, including in the public service, the Committee notes that the Government indicates that efforts have been made to address this problem but challenges remain. The Government affirms its willingness to end the non-payment of wages, in particular in the public sector. The Committee also notes that the CTTC underscores the lack of progress with regard to the settlement of wage arrears, including in the public sector for the period from 1995 to 2009. The Committee recalls that workers shall receive remuneration for the work done and that the fundamental nature of wages stems from their essential role in ensuring workers’ livelihood. The Committee requests the Government to intensify its efforts to resolve the question of wage arrears definitively, particularly in the public sector, and to provide information in this regard.
Repetition 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 and 99 (minimum wages) and No. 95 (wage protection) together. The Committee notes the observations of the Workers Confederation of Comoros (CTTC), on the implementation of Conventions Nos 26, 95 and 99, received in 2017.Minimum wageArticle 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. In its previous comments, the Committee requested the Government to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council (CCTE), in accordance with section 106 of the Labour Code. The Committee notes the Government’s indication in its report that in 2015, the CCTE examined seven regulatory texts including the decree fixing the inter-occupational guaranteed minimum wage (SMIG) for workers covered by the Labour Code. The Government adds that the tripartite members of the CCTE recommended that an expanded consultation framework should be established as soon as possible in order to examine the subject in greater depth through additional studies, taking into consideration the experience of other countries with regard to wage fixing as well as the country’s socioeconomic situation. The Committee notes that according to the CTTC, despite the discussions held by the CCTE in 2015, no text setting minimum wages was adopted. The Committee further notes that sections 90–92 of the Labour Code provide that collective agreements concluded by joint committees, composed of representatives of the most representative employers’ organizations and trade unions in the sector, may be extended and then determine the wages that must be applied for each occupational category. In this context, the Committee requests the Government to take the necessary measures to give effect to the provisions of section 106 of the Labour Code without delay and to provide information in this respect. It also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code. Article 4 of Convention No. 26 and Article 4 of Convention No. 99. System of supervision and sanctions. The Committee notes that the CTTC indicates that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee requests the Government to provide its comments in this regard. Protection of wagesArticles 8 and 10 of Convention No. 95.Deductions from wages, attachment or assignment of wages. Further to its previous comments, the Committee notes that the Government indicates in its report that it intends to submit a draft order to the CCTE to determine the parts of wages that are liable to progressive deductions, as well as the part that is exempt from any attachment or assignment. The Committee notes that such an order is provided for under sections 114 and 119 of the Labour Code, as amended in 2012. The Committee requests the Government to take the necessary measures to adopt the order without delay and to provide information in this respect. Article 12(1). Regular payment of wages. Application in practice. Further to its previous comments on the need to resolve the situation of wage arrears, including in the public service, the Committee notes that the Government indicates that efforts have been made to address this problem but challenges remain. The Government affirms its willingness to end the non-payment of wages, in particular in the public sector. The Committee also notes that the CTTC underscores the lack of progress with regard to the settlement of wage arrears, including in the public sector for the period from 1995 to 2009. The Committee recalls that workers shall receive remuneration for the work done and that the fundamental nature of wages stems from their essential role in ensuring workers’ livelihood. The Committee requests the Government to intensify its efforts to resolve the question of wage arrears definitively, particularly in the public sector, and to provide information in this regard.
Repetition Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee notes that section 106(1) of the new Labour Code provides that the minimum wage shall be fixed by a Decree adopted by the Council of Ministers. Section 106(2) provides that the minimum wages by occupational category, seniority and attendance bonuses, and overtime rates shall be determined by orders issued after obtaining the opinion of the Labour and Employment Advisory Council. The Committee requests the Government to supply copies of any relevant decrees or orders once they have been adopted.
Repetition Article 1(1) of the Convention. Minimum wage fixing machinery. Further to its previous observation, the Committee notes the Government’s explanations that confirm that no progress has been made either with respect to the promulgation of the Decree fixing the guaranteed interoccupational minimum wage (SMIG) at 35,000 Comoros francs (approximately US$110) per month or as regards the reactivation of the Higher Council of Labour and Employment (CSTE). The Government indicates that the draft Decree establishing the SMIG rate for the entire private sector, including agriculture, has not yet received the final approval of the President and that the Ministry of Labour is currently taking steps to successfully complete this process. The Government also indicates that tripartite consultations within the CSTE are expected to resume after the adoption of the revised Labour Code which, in turn, is scheduled to be discussed at the next ordinary session of the National Assembly. Regrettably, the Committee is once again obliged to observe that the Convention is presently not applied in either law or practice. The Committee urges the Government to take the necessary action without further delay with a view to: (i) establishing and implementing the guaranteed interoccupational minimum wage rate; and (ii) initiating tripartite consultations within the CSTE on its periodic review and adjustment. It also asks the Government to transmit a copy of the revised Labour Code as soon as it is adopted.
Repetition Article 1(1) of the Convention. Minimum wage fixing machinery. Further to its previous observation, the Committee notes the Government’s explanations that confirm that no progress has been made either with respect to the promulgation of the decree fixing the guaranteed inter-occupational minimum wage (SMIG) at 35,000 KMF (approximately US$110) per month or as regards the reactivation of the Higher Council of Labour and Employment (CSTE). The Government indicates that the draft decree establishing the SMIG rate for the entire private sector, including agriculture, has not yet received the final approval of the President and that the Ministry of Labour is currently taking steps to successfully complete this process. The Government also indicates that tripartite consultations within the CSTE are expected to resume after the adoption of the revised Labour Code which, in turn, is scheduled to be discussed at the next ordinary session of the National Assembly. Regrettably, the Committee is once again obliged to observe that the Convention is presently not applied in either law or practice. The Committee urges the Government to take the necessary action without further delay with a view to: (i) establishing and implementing the guaranteed inter-occupational minimum wage rate; and (ii) initiating tripartite consultations within the CSTE on its periodic review and adjustment. It also asks the Government to transmit a copy of the revised Labour Code as soon as it is adopted.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Article 1(1) of the Convention. Minimum wage fixing machinery. Further to its previous observation, the Committee notes the Government’s explanations that confirm that no progress has been made either with respect to the promulgation of the decree fixing the guaranteed inter-occupational minimum wage (SMIG) at 35,000 KMF (approximately US$110) per month or as regards the reactivation of the Higher Council of Labour and Employment (CSTE). The Government indicates that the draft decree establishing the SMIG rate for the entire private sector, including agriculture, has not yet received the final approval of the President and that the Ministry of Labour is currently taking steps to successfully complete this process. The Government also indicates that tripartite consultations within the CSTE are expected to resume after the adoption of the revised Labour Code which, in turn, is scheduled to be discussed at the next ordinary session of the National Assembly. Regrettably, the Committee is once again obliged to observe that the Convention is presently not applied in either law or practice. The Committee urges the Government to take the necessary action without further delay with a view to: (i) establishing and implementing the guaranteed inter-occupational minimum wage rate; and (ii) initiating tripartite consultations within the CSTE on its periodic review and adjustment. It also asks the Government to transmit a copy of the revised Labour Code as soon as it is adopted.
Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Conventions Nos 26 and 99 are among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
Article 1, paragraph 1, of the Convention. Minimum wage fixing machinery. Further to its previous observation, the Committee notes the Government’s explanations that confirm that no progress has been made either with respect to the promulgation of the decree fixing the guaranteed inter-occupational minimum wage (SMIG) at 35,000 KMF (approximately US$110) per month or as regards the reactivation of the Higher Council of Labour and Employment (CSTE). The Government indicates that the draft decree establishing the SMIG rate for the entire private sector, including agriculture, has not yet received the final approval of the President and that the Ministry of Labour is currently taking steps to successfully complete this process. The Government also indicates that tripartite consultations within the CSTE are expected to resume after the adoption of the revised Labour Code which, in turn, is scheduled to be discussed at the next ordinary session of the National Assembly. Regrettably, the Committee is once again obliged to observe that the Convention is presently not applied in either law or practice. The Committee urges the Government to take the necessary action without further delay with a view to: (i) establishing and implementing the guaranteed inter-occupational minimum wage rate; and (ii) initiating tripartite consultations within the CSTE on its periodic review and adjustment. It also asks the Government to transmit a copy of the revised Labour Code as soon as it is adopted.
[The Government is asked to reply in detail to the present comments in 2010.]
Article 1, paragraph 1, of the Convention. Minimum wage fixing machinery. The Committee notes with regret that no minimum wage has yet been established for workers employed in agricultural undertakings and therefore the Convention is presently not implemented in either law or practice. The Committee recalls that based on information provided by the Government under Convention No. 26 in 2003, the Higher Council of Labour and Employment (CSTE) had agreed on a draft text setting the guaranteed interoccupational minimum wage (SMIG) at 35,000 KMF (approximately US$110) per month. To date, however, no decree seems to have been adopted formally determining the SMIG rate. Moreover, the Committee has been requesting detailed information on the terms of reference and rules of procedure of the CSTE, as well as on the coverage and possible periodic review of the minimum wage, but no such information has so far been communicated. Recalling the Government’s earlier statement that the system of remuneration of agricultural workers needs to reviewed to take account of the evolving social conditions, the Committee hopes that the Government will take appropriate steps in order to effectively discharge its obligations under the Convention by reactivating tripartite consultations within the CSTE and determining decent minimum wage levels for agricultural workers.
[The Government is asked to reply in detail to the present comments in 2009.]
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes the Government’s statement that the system of remuneration of agricultural workers needs to be reviewed to take into account the evolving social conditions. It further notes the references to UNDP- and EU-financed projects on micro and small enterprise development and the promotion of income-generating activities but is inclined to consider that such information is hardly relevant to the nature and form or the method of operation of the minimum wage fixing machinery in the agricultural sector.
While noting the Government’s reference to past WFP-assisted activities whereby food supplies were provided in exchange of work, the Committee asks the Government to clarify in its next report whether any food-for-work activities are currently pursued, and under which conditions, and also to communicate full particulars on the application in law and practice of section 98 of the Labour Code which makes provision for the partial payment of wages in the form of food and lodging. The Committee would also appreciate receiving information on the practical application of the Convention called for under Article 5 of the Convention and Part V of the report form.
The Committee refers also 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.
The Committee notes the Government’s succinct report. It notes in particular the Government’s statement that the system of remuneration of agricultural workers needs to be reviewed to take into account the evolving social conditions. It further notes the references to UNDP- and EU-financed projects on micro and small enterprise development and the promotion of income-generating activities but is inclined to consider that such information is hardly relevant to the nature and form or the method of operation of the minimum wage fixing machinery in the agricultural sector.
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.
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:
See under Convention No. 26, as follows:
Article 3, paragraph 2(2), of the Convention. The Committee notes with interest the adoption of Decree No. 94-047/PM, of 3 August 1994, governing the organization and functioning of the Higher Council of Labour and Employment, which guarantees representation in equal numbers of employers and workers. It requests the Government to supply information on the functioning and decisions taken by the Higher Council of Labour and Employment in respect of minimum wages.
Article 5, in conjunction with Part V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage fixing machinery.
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:
Article 5, in conjunction with point V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage-fixing machinery.
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:
Article 3, paragraph 2(2), of the Convention. The Committee notes the Government's statement in its report to the effect that internal administrative difficulties due in particular to the current process of democratic transition and the establishment of institutions are delaying the adoption of the draft decree to which it referred in its previous comments. The Committee hopes that the Government will be able to adopt a decree in the near future fixing the number of employers' and workers' representatives on the Higher Labour Council in equal numbers, in conformity with section 179 of the Labour Code, and that it will supply the text of the decree when it has been adopted.
Article 5 and point V of the report form. The Committee notes the Government's estimate of the variation in minimum wages and its statement that, due to the above difficulties, the inspection services are not managing to provide reports and are not able to assess the number of workers covered by the minimum wage system. It hopes that the Government will be able to provide fuller details in the near future on the effect given in practice to the Convention.
Article 3, paragraph 2, of the Convention. Further to its previous comments, the Committee notes that the Government will adopt a decree fixing the number of employers' and workers' representatives on the Superior Labour Council in equal numbers, in conformity with section 179 of the Labour Code. The Committee requests the Government to forward a copy of this decree when it is adopted.
Article 5 and point V of the report form. The Committee notes from the information provided by the Government that the inspection services were not able until May 1988 to carry out the inspection visits required by law, and that no cases were brought to the attention of the inspection services of wages below the minimum rates. The Committee requests the Government to communicate information on the practical application of the Convention, indicating in particular the number of workers covered by the minimum wage system and the minimum wage rates fixed for each category of workers, as well extracts from labour inspection reports since May 1988 concerning the application of the provisions on minimum wages.