REPRESENTATION (article 24) - CONGO - C095 - 1997

Report of the Committee set up to examine the representation alleging non-observance by Congo of the Protection of Wages Convention, 1949 (No. 95), made under article 24 of the ILO Constitution by the Trade Union Confederation of Congo Workers (CSTC)

Decision

1. The Governing Body adopted the report of the tripartite committee. Procedure closed.

Complaint Procedure

1. 1. By letter dated 9 October 1995, the Trade Union Confederation of Congo Workers (CSTC), referring to article 24 of the ILO Constitution, addressed a representation to the Office alleging non-observance by Congo of the Protection of Wages Convention, 1949 (No. 95).
2. 2. The representation concerns a Convention to which Congo is a party and which is in force for it. (Endnote 1)
3. 3. The provisions of the Constitution of the International Labour Organization concerning the submission of representations are as follows:
4. Article 24
5. (Representations concerning the application of a Convention)
6. In the event of any representation being made to the International Labour Office by an industrial association of employers or of workers that any of the Members has failed to secure in any respect the effective observance within its jurisdiction of any Convention to which it is a party, the Governing Body may communicate this representation to the government against which it is made, and may invite that government to make such statement on the subject as it may think fit.
7. Article 25
8. (Possibility of publishing the representation)
9. If no statement is received within a reasonable time from the government in question, or if the statement when received is not deemed to be satisfactory by the Governing Body, the latter shall have the right to publish the representation and the statement, if any, made in reply to it.
10. 4. The procedure to be followed in the case of representations is governed by the revised Standing Orders adopted by the Governing Body at its 212th Session in March 1980. (Endnote 2)
11. 5. In accordance with articles 1 and 2, paragraph 1, of the Standing Orders, the Director-General communicated the representation to the Government of Congo and brought it before the Officers of the Governing Body.
12. 6. At its 265th Session (March 1996) and on the recommendation of its Officers, the Governing Body decided that the representation was receivable. (Endnote 3) It set up a committee to examine the representation, composed of Ms. Amin (Government member, Egypt), Chairperson, and Mr. Aka Anghui (Employer member) and Mr. Mayaki (Worker member).
13. 7. In accordance with article 4, paragraph 1, of the Standing Orders, the Committee invited the Government to send its observations on the representation before 31 October 1996.
14. 8. In a letter dated 5 March 1997 the Government communicated its observations on the representation. The Committee met in Geneva on 24 March 1997 and adopted its report.
15. Examination of the representation
16. A. Allegations
17. 9. In its communication the Trade Union Confederation of Congo Workers (CSTC) alleges the non-payment of wages at regular intervals, the non-payment of indemnities for dismissal, wage reductions and the State's capacity to pay the wages of its officials.
18. 10. The CSTC alleges that the wages of Congolese public servants and of workers in certain public enterprises, including monthly remuneration and social security contributions, have since 1992 been paid from 15 to 18 months in arrears. In the case of enterprises that have closed, the Government has taken no measures to enable the workers to recover all the amounts due to them in wages, wage supplements and interest for the years of delay in payment. According to the CSTC, the Government is not respecting either the agreements that it freely entered into with the social partners or the recommendations of the International Monetary Fund (IMF) concerning the regular payment of wages. On two occasions the Government undertook to pay a portion of the arrears of wages but failed to do so. On 2 April 1994 the Government proposed that it ensure the regular payment of wages and arrears by converting them into an internal debt, which the CSTC claims is contrary to Article 3.1 of Convention No. 95 prohibiting the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender. Furthermore, on 10 August 1994 the IMF recommended in vain to the Government that it pay each month, from August to November 1994, a certain portion of the amounts due.
19. 11. The CSTC states that, by Decree No. 94/91 of 17 March 1994 and Orders Nos. 687 and 688 of 19 March 1994, the Government dismissed thousands of civil service workers in defiance of the procedures laid down in Act 021/89 of 14 November 1989 revising the general status of the civil service and agreements concerning the Labour Code. Those dismissed have received neither the final settlement of all wages due nor the indemnities for dismissal. Furthermore, the decisions on the reinstatement of some of the dismissed workers, adopted by the Administrative Appeals Committee set up for this purpose, have been designated by the Government as not requiring further action.
20. 12. The CSTC states that, by Decrees Nos. 95/103, 95/104 and 95/113 of 8 and 16 June 1995, the Government decided to cut the wages of civil servants by 30 per cent, on the pretext of a reduction in working time decided unilaterally by Decree No. 95/85 of 14 April 1995.
21. 13. According to the CSTC, quoting various sources in the Central Bank and the Treasury Committee at the national level and in the IMF at the international level, the State has sufficient money, but it refuses to pay wages and retirement pensions regularly out of sheer political ill will and guilty intent.
22. B. The Government's observations
23. 14. In its communication the Government states that, with the assistance of the international financial institutions it has for more than three years been engaged in a vast process of structural reform designed essentially to restore macroeconomic equilibrium and the State's creditworthiness. To minimize the negative impact of this process, consultations were organized in March 1995 with all the trade union organizations to discuss the social implications of adjustment, and specifically the question of the wages of state employees. In its explanation of the reduction of their wages, the Government states that the steps taken (reduction in wages and indemnities, and reduction in working time with a corresponding cut in wages) have made it possible to guarantee the regular payment of wages.
24. 15. As to the non-payment of sums due in respect of the wages of officials who have been struck off the civil service, the Government states that one of the principal measures suggested by the IMF to reduce the cost of running the State was to identify fictitious officials, that this is an ongoing operation that has led to almost 8,000 irregular officials being struck off the civil service. The Government has set up an Administrative Appeals Committee on which the trade unions are represented. The Committee has submitted its conclusions and the Government is currently taking steps to ensure that those concerned are paid the wages and indemnities due to them.
25. C. The Committee's conclusions
26. 16. The Committee notes that the CSTC's allegations refer to three points covered by Convention No. 95, namely the non-payment of wages, their payment at irregular intervals and the non-payment of the final settlement of all sums due in the event of the closure of an enterprise or a decision to strike officials off the civil service. The Committee notes that the question of the reduction of wages in line with a reduction in working time does not fall within the scope of the Convention and it therefore cannot examine the point. Moreover, the question of the State's capacity to pay wages is outside the competence of the Committee, whose role is to examine the allegations submitted in the light of the provisions of an International Labour Convention so that the Governing Body can make appropriate recommendations as to the future application of the said Convention in the country concerned.
27. 17. The Committee notes that the CSTC's allegations concern the practical application of Article 3, paragraph 1, and Article 12 of Convention No. 95, which read as follows:
28. Article 3
29. 1. Wages payable in money shall be paid only in legal tender, and payment in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender, shall be prohibited.
30. Article 12
31. 1. Wages shall be paid regularly. Except where other appropriate arrangements exist which ensure the payment of wages at regular intervals, the intervals for the payment of wages shall be prescribed by national laws or regulations or fixed by collective agreement or arbitration award.
32. 2. Upon the termination of a contract of employment, a final settlement of all wages due shall be effected in accordance with national laws or regulations, collective agreement or arbitration award or, in the absence of any applicable law, regulation, agreement or award, within a reasonable period of time having regard to the terms of the contract.
33. Previous examination of the application of Convention No. 95 by the ILO's supervisory bodies
34. 18. The Committee notes that in March 1996 the Governing Body examined a representation concerning the application of Convention No. 95 by Congo; (Endnote 4) the representation dealt with the non-payment of wages and of the final settlement of all wages payable by a multinational enterprise (COMILOG) that had ceased operating in the Congo. In an observation (Endnote 5) on the application of Convention No. 95 by Congo, the Committee of Experts on the Application of Conventions and Recommendations asked the Government to supply detailed information in a report requested in 1997 on the measures taken to settle the payment of the sums due to the former workers of COMILOG and on the results obtained by the application of such measures.
35. Payment of wages at regular intervals
36. 19. The Committee recalls that, under Article 12, paragraph 1, of the Convention, wages must be paid at regular intervals. A Government that ratifies the Convention is required not only to ensure that it is applied by private enterprises but also, unless it has taken advantage of the provisions of Article 2, paragraph 2, of the Convention, to apply it scrupulously to workers who are directly dependent on the State. The Committee notes with interest the Government's statement that the steps it has taken over the past three years have enabled it to guarantee the regular payment of wages to employees of the State. The Committee requests the Government, in the report that is due under article 22 for the period ending 31 May 1997, to communicate detailed information on the regular payment of the wages of public officials and workers in public or state-owned enterprises.
37. Payment of wages in arrears for the period 1992-96
38. 20. In its reply the Government provides no information on the gradual payment of arrears for the period 1992-96, which for the state employees and workers in state-owned enterprises represent between 15 and 18 months' wages. In the absence of information on this point, the Committee requests the Government to communicate all the relevant information, including details as to the number of workers and employees affected, the nature and amount of the wages owed, and the number and nature of the administrations and enterprises concerned by the non-payment of wages for the period 1992-96 as well as the amount of payment already made.
39. 21. As to the Government's undertaking to ensure the payment of wages due by converting them into an internal debt, the Committee recalls that the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender is prohibited by the Convention. In the absence of any clarification of this point, the Committee requests the Government to communicate information on implementation -- or otherwise -- of the undertaking it gave in April 1994 to ensure the regular payment of wages and to pay arrears and on the methods of reimbursement of arrears.
40. Final settlement of all wages due
41. 22. The Committee notes that the Government states that the conclusions of the Administrative Appeals Committee have been accepted by the Government and that steps are currently being taken to ensure that the persons concerned are paid the wages and indemnities due to them. The Committee recalls the importance for workers of compliance with Article 12, paragraph 2, of the Convention, which provides that, upon the termination of a contract of employment or service relationship, the final settlement of all wages due must be effected within a reasonable period of time. The Committee considers that the Government should be invited, in its report under article 22 of the Constitution that is due for the period ending 31 May 1997, to communicate detailed information on the final settlement of the sums due not only to the officials whose case has been submitted to the Administrative Appeals Committee but also to the workers of public enterprises that have closed down.
42. Recommendations of the Committee
43. 23. The Committee recommends that the Governing Body:
44. (a) approve this report and, in particular, in the light of the conclusions in paragraphs 19 to 22 of the report, invite the Government, in the report that is due under article 22 of the Constitution on the application of Convention No. 95 for the period ending 31 May 1997, to supply detailed information on:
45. (i) the regular payment of the wages of state officials and workers in public or state-owned enterprises;
46. (ii) the payment of the arrears of wages for the period 1992-96, including details of the number of workers and employees concerned, the nature and amount of the wages owed, and the number and nature of the administrations and enterprises concerned by the non-payment of wages for that period as well as the amount of payment already made;
47. (iii) the implementation -- or otherwise -- of the proposal made by the Government in April 1994 to ensure the payment of wages due and on the methods of reimbursement of arrears;
48. (iv) the final settlement of all the sums due not only to the officials whose case has been submitted to the Administrative Appeals Committee but also to the workers of public enterprises that have closed down;
49. (b) declare closed the procedure initiated before the Governing Body as a result of the representation made by the Trade Union Confederation of Congo Workers (CSTC) concerning the application by Congo of the Protection of Wages Convention, 1949 (No. 95).
50. Endnote 1
51. Convention No 95, ratified on 10 November 1960.
52. Endnote 2
53. See Official Bulletin, Vol. LXIV, 1981, Series A, No. 1, pp. 93-95.
54. Endnote 3
55. GB.265/13/1.
56. Endnote 4
57. GB 265/12/6.
58. Endnote 5
59. ILC, 85th Session, 1997, p. 222.