National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Article 1, paragraph 1, of the Convention. Machinery for fixing and readjusting minimum wages. The Committee notes that the minimum wage has not been readjusted for a number of years and stands at 44,000 CFA francs (around US$85) per month. It also notes, however, that, according to various sources of information, this wage will soon be increased to 80,000 CFA francs (around US$155) per month. The Committee notes that, under section 255, paragraph 2, of the Labour Code, the National Commission on Wage Studies (CNES), a tripartite consultative body responsible for issuing a reasoned opinion to the Government Wage Commission (CGS), shall meet at least once every three years, when convened by its chairperson or at the request of the majority of its members. The Committee asks the Government to specify whether the announced increase in the minimum guaranteed interoccupational wage (SMIG) has been the subject of tripartite consultation. It also asks the Government to indicate the measures taken or envisaged to guarantee the regular consultation of the CNES in accordance with the provisions of the Labour Code. Furthermore, the Committee recalls the importance of regularly readjusting minimum wage rates so as to guarantee workers a decent standard of living. If rates are not adjusted, the minimum wage-fixing system will be reduced to a mere formality and will no longer be at all effective as a means of combating poverty or as a means of social protection. The Committee asks the Government to provide details regarding the effectiveness of the mechanism used to fix and readjust minimum wages, and to communicate a copy of the decree establishing the new national minimum wage, as soon as it has been adopted.
Article 3, paragraph 2(2). Participation of the social partners on equal terms. The Committee notes that section 2 of Decree No. 000642/PR/MTEFP of 23 June 1997, establishing the composition of the CNES, ensures the representation of employers’ and workers’ organizations, in equal numbers and on equal terms, in the fixing of the national minimum wage. With regard to the fixing of wages by branch of activity, the Committee notes that section 144 of the Labour Code states that, in the absence of collective agreements, or where such agreements are silent on the matter, minimum wages by occupational category shall be fixed by a decree issued by the Minister for Labour. The Committee would like to receive further information on the participation of the social partners in the fixing of minimum wage rates by branch of activity, where these rates are not fixed by a collective agreement but by decree issued by the Minister for Labour.
Article 5 and Part V of the report form. The Committee would be grateful if the Government would provide, in its next report, general information on the application of the Convention, for instance: statistics on the number of workers remunerated at the minimum wage rate, including in the agricultural sector, given its significant workforce; copies of studies or other official documents of the CNES or the CGS on the functioning of the minimum wage system; statistics on recent fluctuations in economic indicators, such as the rate of inflation and its effect on the standard of living of workers; and extracts from inspection service reports, detailing the violations reported and the penalties imposed.
The Committee notes the report provided by the Government and Act No. 3/94 of 21 November 1994 issuing the Labour Code, as amended by Act No. 12/2000 of 12 October 2000. It requests the Government to provide further indications on the following points.
Article 3, paragraph 2(2), of the Convention. The Committee notes that, under the terms of sections 149 and 254 of the Labour Code, the minimum guaranteed inter-occupational wage (SMIG) is fixed by decree after the National Commission on Wage Studies has issued a reasoned opinion to the Government Wage Commission on the determination of the SMIG. It also notes that the composition of the National Commission on Wage Studies shall be determined by decree issued at the proposal of the Minister responsible for labour. While recalling that by virtue of this provision of the Convention the employers and workers concerned shall in all cases be associated in the operation of minimum wage fixing machinery in equal numbers and on equal terms, the Committee would be grateful if the Government would provide, with its next report, copies of the legislative texts issued to guarantee such participation and thereby give effect to the Convention on this point.
The Committee also notes that under section 144 of the Labour Code, decrees issued at the proposal of the Minister responsible for labour shall, in the absence of collective agreements or where they do not cover such matters, fix minimum wages by occupational category. It requests the Government to provide detailed information on the nature of the measures and the procedures adopted to secure full consultation and the direct participation of employers’ and workers’ organizations in the determination of minimum wages, as required by this Article of the Convention.
Article 5 and Part V of the report form. The Commission notes from the Government’s report that inspections by labour inspectors and supervisors cover, among other subjects, the application of the minimum rates of the SMIG and wage rates by category. It requests the Government to provide copies of the relevant extracts of the reports published each year by the labour inspectorate in accordance with section 247 of the Labour Code, particularly with regard to the contraventions committed and penalties imposed. Furthermore, with reference to its previous comments, the Committee would be grateful if the Government would provide any statistics which may be available on the number and various categories of workers covered by the minimum wage regulations and on the rates of the SMIG and of the various minimum wages by occupational category, as well as any other information which would allow the Committee to assess more effectively the effect given to the Convention in practice.
The Committee notes the detailed information provided in the Government's report in reply to its previous comments and concerning in particular the following points: (i) participation by employers and workers in the wage-fixing machinery; (ii) the provisions, procedures and sanctions that can be applied in cases where a wage below the guaranteed minimum wage (SMIG) is paid; and (iii) the monitoring by the labour inspection services of the application of minimum wage provisions.
With reference to its previous comments, the Committee requests the Government to clarify whether the draft Labour Code, which has been debated by the Assembly since 1992, has been adopted, and, if so, to provide a copy of the text.
The Committee hopes that the Government will take the necessary measures to establish an effective system for monitoring the application of minimum wage provisions, in accordance with Article 4 of the Convention, read in conjunction with Article 5 and point V of the report form.
Finally, the Committee, while taking note of the difficulties faced by the Government in providing statistics on the number and different categories of workers covered by the minimum wage regulations, would be grateful if the Government would provide these data when resources permit.
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:
The Committee notes that the Government referred to the draft Labour Code which has been transmitted to the Office and which was at that time under discussion by the National Assembly. It notes that section 141 of this draft Code, which concerns in particular the fixing of the guaranteed minimum inter-occupational wage by means of decrees, does not provide for consultation with employers and workers. The Committee hopes that the Government will take the appropriate measures to ensure, in conformity with Article 3, paragraph 2(2), of the Convention, that employers and workers are associated in the operation of minimum wage fixing machinery.
The Committee also requests the Government to supply information on the measures which have been taken to ensure that the wages which are actually paid are not less than the statutory minimum wage and that workers to whom the statutory minimum wage is applicable and who have been paid wages at less than these rates are entitled to recover the amount by which they have been underpaid, in accordance with the provisions of Article 4.
The Committee also requests the Government to supply information on the results of the application of methods for fixing minimum wages, and particularly the approximate numbers of workers covered by the regulations, the minimum rates of wages fixed, and the more important of the other conditions, if any, established relevant to the minimum wages, as required by Article 5.
The Committee notes that the Government refers in its report to the draft Labour Code which has been transmitted to the Office and which is currently under discussion by the National Assembly. It notes that section 141 of this draft Code, which concerns in particular the fixing of the guaranteed minimum inter-occupational wage by means of decrees, does not provide for consultation with employers and workers. The Committee hopes that the Government will take the appropriate measures to ensure, in conformity with Article 3, paragraph 2(2), of the Convention, that employers and workers are associated in the operation of minimum wage fixing machinery.