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Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Djibouti (Ratification: 1978)

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition
The Committee notes the joint observations of the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UDT) received on 4 May 2021 on Convention No. 95.
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 95 (protection of wages) together.
Minimum wages
Articles 1 to 3 of Convention No. 26 and Articles 1 and 3 of Convention No. 99. Minimum wage fixing machinery. Further to its latest comments on the need to reintroduce the guaranteed interoccupational minimum wage (SMIG), which was withdrawn from the legislation in 1997, the Committee welcomes the information provided by the Government in its report, particularly in respect of the approval by the National Council for Labour, Employment and Social Security of a draft amendment to the Labour Code aimed at reintroducing the minimum wage. The Committee notes with satisfaction that Act No. 221/AN/17/8th L of 2017, by amending section 60 of the Labour Code, effectively reintroduced the SMIG as from 1 January 2018.
Protection of wages
Articles 8(1) and 10 of Convention No. 95. Deductions from and attachments of wages. Further to its latest comments on the need to review the conditions in which wage deductions can be made and to limit the amount thereof, the Committee notes the Government’s reference in its report to a draft text fixing portions of wages that are subject to progressive deductions and the related rates, which is under examination. The Committee also notes that by amending section 141 of the Labour Code, Act No. 221/AN/17/8th L of 2017 removed the possibility of allowing deductions from wages on the basis of an individual agreement. It also notes with satisfaction that the Code of Civil Procedure, adopted in 2018, fixes the portions of wages that may be subject to attachment. Lastly, it notes that a limit on the amount of deductions from wages made otherwise than by attachment is yet to be established. The Committee therefore requests the Government to indicate the progress made towards the adoption of a decree limiting the amount of these deductions, as provided for in section 142 of the Labour Code.

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

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

The Committee notes the joint observations of the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UDT) received on 4 May 2021 on Convention No 95.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

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 95 (protection of wages) together.

Minimum wages

Articles 1 to 3 of Convention No. 26 and Articles 1 and 3 of Convention No. 99. Minimum wage fixing machinery. Further to its latest comments on the need to reintroduce the guaranteed interoccupational minimum wage (SMIG), which was withdrawn from the legislation in 1997, the Committee welcomes the information provided by the Government in its report, particularly in respect of the approval by the National Council for Labour, Employment and Social Security of a draft amendment to the Labour Code aimed at reintroducing the minimum wage. The Committee notes with satisfaction that Act No. 221/AN/17/8th L of 2017, by amending section 60 of the Labour Code, effectively reintroduced the SMIG as from 1 January 2018.

Protection of wages

Articles 8(1) and 10 of Convention No. 95. Deductions from and attachments of wages. Further to its latest comments on the need to review the conditions in which wage deductions can be made and to limit the amount thereof, the Committee notes the Government’s reference in its report to a draft text fixing portions of wages that are subject to progressive deductions and the related rates, which is under examination. The Committee also notes that by amending section 141 of the Labour Code, Act No. 221/AN/17/8th L of 2017 removed the possibility of allowing deductions from wages on the basis of an individual agreement. It also notes with satisfaction that the Code of Civil Procedure, adopted in 2018, fixes the portions of wages that may be subject to attachment. Lastly, it notes that a limit on the amount of deductions from wages made otherwise than by attachment is yet to be established. The Committee therefore requests the Government to indicate the progress made towards the adoption of a decree limiting the amount of these deductions, as provided for in section 142 of the Labour Code.

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

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

Minimum wages

Protection of wages

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

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

Repetition
Articles 1 and 3 of the Convention. Minimum wage fixing machinery. Further to its previous observation in which it noted that the Convention has for all practical purposes ceased to apply following the Government’s decision to abolish the system of guaranteed interoccupational minimum wage (SMIG), the Committee notes the Government’s statement that Djibouti is not an agricultural country. In addition, as regards the observations made by the General Union of Djibouti Workers (UGTD) in 2007, the Committee asks the Government to refer to its comments made under the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).

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

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 3 of the Convention. Minimum wage fixing machinery. Further to its previous observation in which it noted that the Convention has for all practical purposes ceased to apply following the Government’s decision to abolish the system of guaranteed interoccupational minimum wage (SMIG), the Committee notes the Government’s statement that Djibouti is not an agricultural country. It also notes that the Government’s report does not reply to the observations made by the General Union of Djibouti Workers (UGTD) and transmitted to the Government in September 2007 concerning the application of the Convention. The Committee asks the Government to refer to its comments made under Convention No. 26.

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

The Committee notes the observations of the General Union of Djibouti Workers (UGTD) on the application of the Convention, which were received on 23 August 2007 and transmitted to the Government on 21 September 2007. No reply has so far been received from the Government. The UGTD states that there is no longer a means to set minimum wages in the agricultural sector, as the Labour Code currently in force (Act No. 133/AN/05/5ème L) does not provide for the system of guaranteed interoccupational minimum wage (SMIG) and leaves the fixing of wage levels to individual agreement or collective bargaining. According to the UGTD, the dismantling of the SMIG has left workers without any safeguard with respect to income protection and has accentuated the sentiment of insecurity among the working people. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the UGTD.

In addition, the Committee refers to the comments made under Convention No. 26.

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

The Committee notes that the Government’s report has not been received and therefore refers the Government to the comments made under Convention No. 26.

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

See under Convention No. 26.

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:

See under Convention No. 26.

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

See under Convention No. 26.

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 read as follows:

See under Convention No. 26, as follows:

The Committee notes that the last Government's report confined itself to stating that no change has occurred. It also notes that the last time that the Government supplied information on the results of the application of minimum wage fixing machinery was in 1980. It hopes that the Government will supply this information in its next report, with an indication of the approximate number of workers covered, the minimum rates of wages fixed and the more important of the other conditions, if any, established relevant to the minimum rates, as provided for by Article 5 of the Convention.

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 matters raised in its previous direct request:

See under Convention No. 26, as follows:

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:

The Committee notes that the last Government's report confined itself to stating that no change has occurred. It also notes that the last time that the Government supplied information on the results of the application of minimum wage-fixing machinery was in 1980. It hopes that the Government will supply this information in its next report, with an indication of the approximate number of workers covered, the minimum rates of wages fixed and the more important of the other conditions, if any, established relevant to the minimum rates, as provided for by Article 5 of the Convention.

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

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:

See under Convention No. 26, as follows:

The Committee notes that the last Government's report confined itself to stating that no change has occurred. It also notes that the last time that the Government supplied information on the results of the application of minimum wage-fixing machinery was in 1980. It hopes that the Government will supply this information in its next report, with an indication of the approximate number of workers covered, the minimum rates of wages fixed and the more important of the other conditions, if any, established relevant to the minimum rates, as provided for by Article 5 of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

See under Convention No. 26, as follows:

The Committee notes that the Government's report confines itself to stating that no change has occurred. It also notes that the last time that the Government supplied information on the results of the application of minimum wage-fixing machinery was in 1980. It hopes that the Government will supply this information in its next report, with an indication of the approximate number of workers covered, the minimum rates of wages fixed and the more important of the other conditions, if any, established relevant to the minimum rates, as provided for by Article 5 of the Convention.