Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Articles 8 and 12 of the Convention. Deductions from wages and payment of wages at regular intervals. The Committee has been commenting for a certain number of years on the provision of the Labour Code permitting wage deductions on the basis of individual agreement and also on difficulties experienced in the public sector concerning the timely payment of wages. The Committee requests the Government to provide up to date information on both issues, in the light of the provisions of the Labour Code (Act No. 133/AN/05/5èmeL).

Moreover, the Committee notes the communication of the General Union of Djibouti Workers (UGTD) received on 23 August 2007 concerning the application of the Convention. The UGTD states that whereas Chapter IV of the Labour Code, in particular section 152, provides for the protection of wages in the strict sense of the word, the absence of wage guarantees such as the guaranteed minimum inter-occupational wage (SMIG), which was abolished in September 1997, has deprived the workforce of real income protection. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the UGTD.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Articles 8 and 12 of the Convention. Wage deductions and regular payment of wages. The Committee has been commenting for a certain number of years on the provision of the Labour Code permitting wage deductions on the basis of individual agreement and also on difficulties experienced in the public sector concerning the timely payment of wages. The Committee requests the Government to provide up to date information on both issues, in the light of the provisions of the new Labour Code (Act No. 133/AN/05/5èmeL).

Moreover, the Committee notes the communication of the General Union of Djibouti Workers (UGTD) received on 23 August 2007 concerning the application of the Convention. The UGTD states that whereas Chapter IV of the Labour Code, in particular section 152, provides for the protection of wages in the strict sense of the word, the absence of wage guarantees such as the guaranteed minimum inter-professional wage (SMIG), which was abolished in September 1997, has deprived the workforce of real income protection. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the UGTD.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (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 communication of the General Union of Djibouti Workers (UGTD) received on 23 August 2007 concerning the application of the Convention. The UGTD states that whereas Chapter IV of the Labour Code (Act No. 133/AN/05/5ème L), in particular section 152, provides for the protection of wages in the strict sense of the word, the absence of wage guarantees such as the guaranteed minimum inter-professional wage (SMIG), which was abolished in September 1997, has deprived the workforce of real income protection. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the UGTD. It also asks the Government to transmit its observations on the issues raised in its previous comment concerning the application of Articles 8 (wage deductions for deposits prescribed by individual contracts of employment) and 12 (nature and scale of the problem of wage arrears in the public sector) of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the communication of the General Union of Djibouti Workers (UGTD) received on 23 August 2007 concerning the application of the Convention. The UGTD states that whereas Chapter IV of the Labour Code (Act No. 133/AN/05/5ème L), in particular section 152, provides for the protection of wages in the strict sense of the word, the absence of wage guarantees such as the guaranteed minimum inter-professional wage (SMIG), which was abolished in September 1997, has deprived the workforce of real income protection. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the UGTD. It also asks the Government to transmit its observations on the issues raised in its previous comment concerning the application of Articles 8 (wage deductions for deposits prescribed by individual contracts of employment) and 12 (nature and scale of the problem of wage arrears in the public sector) of the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 8, paragraph 1, of the Convention. The Committee has been requesting the Government for the last ten years to clarify the meaning of section 107 of the Labour Code under which deductions may be made for deposits (consignations) prescribed by individual contracts of employment. In view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards, the above provision would need to be revised and therefore the Committee ventures to suggest that the words “and the individual labour contract” (et les contrats individuels du travail) should be deleted while the expression “compulsory levies” (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee hopes that the Government will take the necessary steps at the first suitable opportunity so as to bring the national legislation into conformity with this Article of the Convention on which it has been commenting for some years.

Article 12, paragraph 1, of the Convention and Part V of the report form. The Committee recalls its previous observations in which it requested the Government to provide concrete information on the nature and scale of the persistent problem of wage arrears in the public sector (e.g. number of workers affected, amount of accumulated wage debt, length of delay in payment, branches of economic activity concerned) and any measures taken to improve the current situation. The Committee regrets the absence of any response from the Government on this point. It notes with concern that, according to certain sources the wage arrears to teachers, security forces and civil servants vary at present from three to nine months’ pay, while recent World Bank figures indicate that the total amount of arrears in the public service (i.e. unpaid wages, unpaid contributions to pension funds and debts to private suppliers) represents more than 23 per cent of the GDP. The Committee refers in this connection to paragraphs 23, 360 and 411 to 412 of the General Survey of 2003 on the protection of wages in which attention was drawn to the ongoing wage crises in several African countries and invites the Government to send its observations on the issues raised in the present comments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 8, paragraph 1, of the Convention. The Committee has been requesting the Government for the last ten years to clarify the meaning of section 107 of the Labour Code under which deductions may be made for deposits (consignations) prescribed by individual contracts of employment. In view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards, the above provision would need to be revised and therefore the Committee ventures to suggest that the words "and the individual labour contract" (et les contrats individuels du travail) should be deleted while the expression "compulsory levies" (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee hopes that the Government will take the necessary steps at the first suitable opportunity so as to bring the national legislation into conformity with this Article of the Convention on which it has been commenting for some years.

Article 12, paragraph 1, of the Convention and Part V of the report form. The Committee recalls its previous observations in which it requested the Government to provide concrete information on the nature and scale of the persistent problem of wage arrears in the public sector (e.g. number of workers affected, amount of accumulated wage debt, length of delay in payment, branches of economic activity concerned) and any measures taken to improve the current situation. The Committee regrets the absence of any response from the Government on this point. It notes with concern that, according to certain sources the wage arrears to teachers, security forces and civil servants vary at present from three to nine months’ pay, while recent World Bank figures indicate that the total amount of arrears in the public service (i.e. unpaid wages, unpaid contributions to pension funds and debts to private suppliers) represents more than 23 per cent of the GDP. The Committee refers in this connection to paragraphs 23, 360 and 411 to 412 of the General Survey of 2003 on the protection of wages in which attention was drawn to the ongoing wage crises in several African countries and invites the Government to send its observations on the issues raised in the present comments.

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:

Article 8 of the Convention. In earlier comments, the Committee referred to section 107 of the Labour Code under which deductions may be made for deposits ("consignations") prescribed by contracts of employment, and requested the Government to clarify the meaning of this provision. In its reply, the Government indicates that apart from the possibilities of deduction referred to in previous reports, i.e. compulsory levies and payments in respect of housing and supplies furnished under the regulations provided for in section 95 of the Labour Code, no other form of deposit ("consignation") has been contemplated by virtue of section 107 of the Labour Code. The Committee points out, however, that according to the terms of the Convention the types and extent of deductions from wages should be prescribed by national laws or regulations or fixed by collective agreement or arbitration award and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted under contracts of employment so as to ensure legislative conformity with this Article of the Convention. The Committee asks the Government to report on any progress achieved in this regard.

[The Government is asked to reply in detail to the present comments in 2003.]

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Further to its previous observation, the Committee notes the Government’s indication that the problem of wage arrears was due to internal political conflicts which prevented the national administration from functioning properly. According to the information supplied by the Government in its report, these difficulties have now been overcome and as a result the Minister of Finance publicly announced in October 2000 that wage arrears would be settled with a first payment to be made before 20 November 2000. The Committee notes, however, that according to a press report, a copy of which was annexed in the Government’s report, the settlement of existing wage arrears would only be made possible through foreign financial aid which a neighbouring country was expected to offer. Recalling that in the absence of documented information it is difficult for the Committee to appreciate the nature and scale of the problem, the Committee requests the Government to provide full and up-to-date information on: (i) the actual size of outstanding debts due to wage-earners (number of workers affected, amount of sums owed, length of the delay in payment, number of enterprises concerned); and (ii) the concrete measures taken to improve the present situation, including measures to ensure effective supervision and strict application of penalties to prevent and punish infringements. It also asks the Government to provide a copy of the 1998 Act on Finance referred to in the joint communication of the Labour Union of Djibouti and the General Union of Djibouti Workers (UDT/UGTD) dated 26 April 1998.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to reply in detail to the present comments in 2003.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 8 of the Convention. In earlier comments, the Committee referred to section 107 of the Labour Code under which deductions may be made for deposits ("consignations") prescribed by contracts of employment, and requested the Government to clarify the meaning of this provision. In its reply, the Government indicates that apart from the possibilities of deduction referred to in previous reports, i.e. compulsory levies and payments in respect of housing and supplies furnished under the regulations provided for in section 95 of the Labour Code, no other form of deposit ("consignation") has been contemplated by virtue of section 107 of the Labour Code. The Committee points out, however, that according to the terms of the Convention the types and extent of deductions from wages should be prescribed by national laws or regulations or fixed by collective agreement or arbitration award and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted under contracts of employment so as to ensure legislative conformity with this Article of the Convention. The Committee asks the Government to report on any progress achieved in this regard.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Further to its previous observation, the Committee notes the Government’s indication that the problem of wage arrears was due to internal political conflicts which prevented the national administration from functioning properly. According to the information supplied by the Government in its report, these difficulties have now been overcome and as a result the Minister of Finance publicly announced in October 2000 that wage arrears would be settled with a first payment to be made before 20 November 2000. The Committee notes, however, that according to a press report, a copy of which was annexed in the Government’s report, the settlement of existing wage arrears would only be made possible through foreign financial aid which a neighbouring country was expected to offer. Recalling that in the absence of documented information it is difficult for the Committee to appreciate the nature and scale of the problem, the Committee requests the Government to provide full and up-to-date information on: (i) the actual size of outstanding debts due to wage-earners (number of workers affected, amount of sums owed, length of the delay in payment, number of enterprises concerned); and (ii) the concrete measures taken to improve the present situation, including measures to ensure effective supervision and strict application of penalties to prevent and punish infringements. It also asks the Government to provide a copy of the 1998 Act on Finance referred to in the joint communication of the Labour Union of Djibouti and the General Union of Djibouti Workers (UDT/UGTD) dated 26 April 1998.

[The Government is asked to report in detail in 2002.]

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 reads as follows:

Article 8 of the Convention. The Committee noted that by virtue of section 107(1) of the Labour Code (Overseas) deductions may be made for deposits ("consignations") set out in contracts in addition to the possibilities of deduction enumerated by the Government in its report. It requests the Government to supply detailed information on the above deposits.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

The Committee notes that the observations made jointly by the Labour Union of Djibouti and the General Union of Djibouti Workers (UGT/UGTD), concerning the Act on Finance submitted to the National Assembly in March 1998 and promulgated by the Head of State on 5 April 1998, and its repercussion on the wages of January, which has been delayed. These observations were transmitted to the Government for comments in July 1998. In the absence of response from the Government, the Committee invites it to send its observation on the issue raised with reference to the provision of Article 12(1) of the Convention regarding the regular payment of wages. It also asks the Government to supply a copy of the Act in question.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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 matter raised in its previous direct request:

Article 8 of the Convention. The Committee noted that by virtue of section 107(1) of the Labour Code (Overseas) deductions may be made for deposits ("consignations") set out in contracts in addition to the possibilities of deduction enumerated by the Government in its report. It requests the Government to supply detailed information on the above deposits.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the observations made jointly by the Labour Union of Djibouti and the General Union of Djibouti Workers (UGT/UGTD), concerning the Act on Finance submitted to the National Assembly in March 1998 and promulgated by the Head of State on 5 April 1998, and its repercussion on the wages of January, which has been delayed. These observations were transmitted to the Government for comments in July 1998. In the absence of response from the Government, the Committee invites it to send its observation on the issue raised with reference to the provision of Article 12(1) of the Convention regarding the regular payment of wages. It also asks the Government to supply a copy of the Act in question.

[The Government is asked to report in detail in 1999.]

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 8 of the Convention. The Committee noted that by virtue of section 107(1) of the Labour Code (Overseas) deductions may be made for deposits ("consignations") set out in contracts in addition to the possibilities of deduction enumerated by the Government in its report. It requests the Government to supply detailed information on the above deposits.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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 8 of the Convention. The Committee noted that by virtue of section 107(1) of the Labour Code (Overseas) deductions may be made for deposits ("consignations") set out in contracts in addition to the possibilities of deduction enumerated by the Government in its report. It requests the Government to supply detailed information on the above deposits.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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 8 of the Convention. The Committee noted that by virtue of section 107(1) of the Labour Code (Overseas) deductions may be made for deposits ("consignations") set out in contracts in addition to the possibilities of deduction enumerated by the Government in its report. It requests the Government to supply detailed information on the above deposits.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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 8 of the Convention. The Committee noted that by virtue of section 107(1) of the Labour Code (Overseas) deductions may be made for deposits ("consignations") set out in contracts in addition to the possibilities of deduction enumerated by the Government in its report. It requests the Government to supply detailed information on the above deposits.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 8 of the Convention. The Committee notes that by virtue of section 107(1) of the Labour Code (Overseas) deductions may be made for deposits ("consignations") set out in contracts in addition to the possibilities of deduction enumerated by the Government in its report. It requests the Government to supply detailed information on the above deposits.