Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

See under Convention No. 26, as follows:

The Committee notes the information provided in the Government's report in reply to its previous comments.

In its previous observation, the Committee noted the comments of the General Union of Workers of Guinea (UGTG) to the effect that, in its view, the wage scales for public sector employees were not sufficient to cover the living costs of a worker's family of five members and that the new Labour Code of 1988 was applied without any subsequent text having been issued. The Committee also noted that, under the terms of section 211 of the Labour Code, the minimum hourly wage rate is fixed by decree. It also noted the Government's indication that it intends to promote free wage bargaining in enterprises and to take account of the results of such bargaining in fixing a guaranteed inter-occupational minimum wage. The Committee therefore asked the Government to provide detailed information on the application of the minimum wage-fixing machinery provided for in the new Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2 of the Convention). It also asked the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

The Government, in reply to these comments, notes that, contrary to the claims of the UGTG, the public sector is still covered by the Public Service Regulations and as such is in a different category from the private and mixed sectors, which are governed by the Labour Code. The wage scales are applied to public servants, but not to the occupational branches in the private sector, where completely free wage bargaining between employers and employees prevails. In the interests of promoting free wage bargaining in enterprises, the Government has proceeded to set up machinery for the various sectors. Collective agreements and accords have thus been concluded (public works, buildings, agricultural engineering and the like; mining, quarries and chemical industries; banking and insurance) or are under discussion (hotels and similar establishments). With regard to the public servants and contract staff employed by the Government, salaries are based on a single grade-related scale in which the value of each salary step is fixed by decree following negotiations between the Government and public service unions.

The Committee notes this information. It asks the Government once again to provide detailed information on the application of the minimum wage-fixing machinery provided for in the Labour Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2, of the Convention). It also asks the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.