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

The Committee notes with interest the Government’s first report on the application of the Convention. It would be grateful to be provided with additional information on the following points.

Article 3 of the Convention. Level of minimum wages. The Committee notes the Government’s indications that, for the determination of the minimum wage, account is taken of the cost of living, and particularly the household basket of goods, and the general economic conditions in the country. The Government adds that the new Standing National Labour Council (CNPT), established in 2004, is entrusted with assessing the elements which may serve as a basis for the determination of the minimum wage following an analysis of the minimum subsistence level and the general economic conditions. However, no indication is provided on the manner in which account is taken of the various criteria to evaluate the level of the minimum wage while, under the terms of Ordinance No. 04.015 of 1 February 2004 establishing the CNPT, opinions on the level of the inter-occupational minimum wage are not even included among the tasks and functions of this advisory body. The Committee therefore requests the Government to provide fuller information on this matter and a copy of Decree No. 07.177 of 18 June 2007 respecting the organization and functioning of the CNPT. The Committee would also be grateful if the Government would clarify the relationship between the new Standing National Labour Council and the regional advisory commissions which, by virtue of section 163 of Act No. 61/221 of 2 June 1961 issuing the Labour Code, are entrusted with examining the elements which may serve as a basis for the determination of the minimum subsistence wage.

Article 4. Adjustment of minimum wage rates from time to time. The Committee notes the Government’s indication that there has been no adjustment of the minimum wage during the period covered by the report. It is therefore the Committee’s understanding that the guaranteed minimum interoccupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) remain unchanged at the level determined in 1991, that is 300 CFA francs a day (US$0.73). The Committee recalls that, in its last report submitted on the application of Convention No. 26, the Government indicated that the CNPT was not operational due to the recurring economic and social crises in the country. It also notes that the Government does not provide any information on the composition of the CNPT or on the equitable representation of the social partners on this body. The Committee requests the Government to indicate whether it intends to readjust the minimum wage rates in the near future, and to specify whether the CNPT has now effectively started functioning. The Committee is bound to recall in this respect, as it did in its previous comment on Convention No. 99, the importance of the periodic adjustment of minimum wage rates with a view to ensuring a decent standard of living for low-paid workers. If not, the minimum wage-fixing system will be reduced to a mere formality and lose all its effectiveness as a tool of poverty reduction and social protection.

Article 5 and Article 2(1). System of inspection and sanctions.  The Committee notes that the Labour Code defines the functions and powers of labour inspectors (sections 153 to 157) and establishes sanctions for violations related to the payment of minimum wages and the obligation to post minimum wage rates in the offices of employers and at the places where the staff is paid (sections 221(a) and 226(b)). The Committee notes that, in previous reports on the application of Conventions Nos 26 and 99, the Government referred on several occasions to difficulties of a practical nature relating to the system of supervision and sanctions ensuring compliance with the minimum wage legislation. The Committee therefore requests the Government to provide tangible information, as soon as it is in a position to do so, on the activities of the labour inspection services and the results achieved in relation to enforcement of minimum wage legislation.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice including, for example, the number of workers covered by the SMIG and the SMAG, copies of collective agreements determining minimum wage rates at the level of branches of activity or occupational categories, or any other official document concerning the operation of the minimum wage fixing machinery.