Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

In its previous comments, the Committee noted that the rate of the minimum wage (SMIG) and of the minimum wages by occupational category had not been adjusted since 1980.

In its latest report, the Government provides the Committee with information on the economic and financial crisis experienced by the country for several years, which has made it impossible for the State to honour its financial commitments. The Committee notes that, according to the Government, the devaluation of the currency in 1994 has not achieved the expected results for the country and that the various successive governments since then have engaged rapidly in negotiations with the trade unions. In 1997, the Government and the trade unions reached an agreement under which the State was to pay wages every 42 days, a period considered to be a "civil month". The Committee notes that, according to the Government’s report, wage arrears have continued to accumulate despite this agreement. According to the Government, collaboration between the Government and the trade unions has been strengthened by the establishment of a National Observatory of Public Finances. Workers and employers are associated with the management of the state finances through this institution.

With regard to the payment of wage arrears and the intervals at which wages are to be paid, the Committee requests the Government to see its comments under Convention No. 95.

With regard to minimum wages, the Committee once again recalls that a member State which ratifies the Convention undertakes to adjust minimum wages from time to time, in accordance with Article 4(1) of the Convention. The Committee therefore hopes that the Government will be able to provide information on the measures which have been adopted or are envisaged with a view to ensuring the adjustment of minimum wage rates. Furthermore, the Committee requests the Government to indicate the consultations held with representatives of organizations of employers and workers concerned, in accordance with Article 4(3).

In view of the circumstances described by the Government in its report, the Committee requests it to provide information on the measures adopted to ensure the effective application of the provisions concerning minimum wages, in accordance with Article 5 of the Convention, and in particular to indicate the duties and powers of the inspectors responsible for supervision of the application of minimum wages and, where appropriate, the sanctions applied when violations are found to have occurred.