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Article 3, paragraph 1, of the Convention. Methods for fixing and adjusting the minimum wage. The Committee notes that, according to the information provided by the Government, the guaranteed interoccupational minimum wage (SMIG) was last reviewed in 1994 and is set at 36,607 CFA francs per month (approximately US$71). The current SMIG rate is based on a 10 per cent increase, initially negotiated by collective agreement for the industrial sector and subsequently extended to other sectors of activity, such as forestry and agriculture, by means of a ministerial circular. The Committee also notes that, according to the Government’s report, no decree has as yet been issued under section 31.6 of the Labour Code, which means that the minimum wage-fixing mechanism and its tripartite consultative body, the Labour Advisory Committee, are currently not in operation. Whilst noting the Government’s intention to undertake a comprehensive review of the Labour Code within the framework of a social forum, the Committee would like to recall that the minimum wage system risks being of little benefit if minimum wage rates are not periodically revised in line with socio-economic developments. Noting that the minimum wage rates have not been adjusted for 12 years and that, consequently, they may no longer guarantee a decent standard of living for workers and their families, the Committee invites the Government to take an interest in minimum wage levels and to do its utmost to ensure that any possible increase takes due account of the needs of workers and their families, for example, by maintaining their purchasing power with regard to a basket of essential consumer goods. The Committee also requests the Government to keep it informed of any developments regarding the revision of the Labour Code.
Article 3, paragraph 2(3). Different minimum wage rates based on age. The Committee notes the Government’s statement according to which, in practice, young workers paid on a time basis who perform their work under the same output and quality conditions as an adult worker, receive a wage equal to that of an adult worker. Recalling that, under section 49 of the interoccupational collective agreement of 1977, workers aged under 18 years who are paid on a time basis receive minimum wages ranging from 60 per cent of the minimum wage of adult workers for 14-15 year-olds to 90 per cent for 17-18 year-olds, the Committee asks the Government to specify the measures taken or envisaged to amend this provision and bring its legislation into line with national practice.
Article 5 and Part V of the report form. The Committee notes the Government’s indication that inspection visits are carried out despite limited means and the country’s ongoing political-military crisis. The Committee hopes that the Government will be able to provide, in its future reports, concrete information on the monitoring of the application of the minimum wage rate and the results obtained, the number of workers covered by the current SMIG rate, and any other information relating to the practical application of the Convention in the country.
The Committee notes the report provided by the Government.
Article 3, paragraph 2(2), of the Convention. With reference to section 31(6) of the Labour Code, which provides for the fixing of guaranteed minimum inter-occupational wage rates by decree following the advice of the Labour Advisory Committee, the Committee requests the Government to provide detailed information on the minimum wage rates currently in force, the criteria taken into consideration in this respect and on any development relating to the operation of the Labour Advisory Committee. It also requests the Government to provide a copy of the decree by which the guaranteed minimum inter-occupational wage was adjusted most recently.
Article 3, paragraph 2(3). The Committee notes that, under section 49 of the inter-occupational collective agreement of 19 July 1977, the provisions of which were extended by Order No. 1 MTIC.CAB of 3 January 1978, unskilled workers aged under 18 years paid on a time basis receive minimum wages which only correspond to a certain percentage of those of adult workers in the same job in the corresponding occupational classification. The Committee also notes that, under the same section, young workers under 18 years of age paid on a piecework basis or by output receive identical wages to those of adults when they normally perform work that is generally entrusted to adults under the same conditions respecting output and quality. The Committee therefore notes that the national regulations in one case discard age as a decisive criterion for the determination of remuneration in place of the quantity and quality of the work performed, in accordance with the observations made by the Committee in its General Survey of 1992 on minimum wages, but retain it for young workers paid on a time basis. Recalling the fundamental principle of equal remuneration for work of equal value set forth by the Constitution of the ILO and section 31(2) of the Labour Code, the Committee requests the Government to indicate the reasons for the adoption of lower minimum wage rates for certain groups of young workers remunerated on a time basis and invites it to indicate in its next report any steps taken or envisaged to re-examine such measures in the light of the above principle.
Article 5 and Part V of the report form. While noting the Government’s statement that the current statistics do not make it possible to determine the number of persons covered by the minimum wage regulations, the Committee hopes that the Government will endeavour to compile and transmit such information in future reports.
The Committee also recalls, with regard to the implementation and supervision of the application of the Convention, that it is the responsibility of any Member which has ratified the Convention to secure its enforcement through an effective system of inspection that is responsible for and capable of ensuring the enforcement of the legal provisions relating to wages, as specified in Article 3, paragraph 1(a), of the Labour Inspection Convention, 1947 (No. 81). In view of the worrying statement by the Government in its report that the labour inspection services have for some years no longer been able to organize inspections and supervision due to lack of logistical means, the Committee requests the Government to inform the International Labour Office of the measures taken or envisaged to enable the labour inspection services to discharge their functions in future, which are all the more essential when the country is experiencing periods of instability during which workers’ rights are liable to suffer abuse.
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:
The Committee notes the information provided in the Government’s report. It notes, in particular, section 31(6) of Act No. 95/15 of 12 January 1995 issuing the Labour Code which provides that decrees following the advice of the Labour Advisory Committee, shall establish the minimum interoccupational guaranteed wage rates (SMIG).
The Committee requests the Government to continue supplying, in accordance with Article 5 of the Convention, in conjunction with Part V of the report form, general information on the application of the Convention in practice, including: (i) the SMIG and the minimum wage rates by branch of activity in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the violations observed, the penalties imposed, etc.).
The Committee notes the information provided in the Government's report. It notes, in particular, section 31(6) of Act No. 95/15 of 12 January 1995 issuing the Labour Code which provides that decrees following the advice of the Labour Advisory Committee, shall establish the minimum interoccupational guaranteed wage rates (SMIG).
The Committee requests the Government to continue supplying, in accordance with Article 5 of the Convention, in conjunction with point V of the report form, general information on the application of the Convention in practice, including: (i) the SMIG and the minimum wage rates by branch of activity in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the violations observed, the penalties imposed, etc.).