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

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Articles 2 and 3 of the Convention. Minimum wage level. The Committee has been drawing the Government’s attention for many years to the need to readjust the level of the guaranteed minimum interoccupational wage (SMIG) which has not been increased since 1980. In this connection, the Committee notes with interest the adoption of Decree No. 2006-058/PRN/MFP/T of 8 March 2006 setting the SMIG monthly rate at 20,000 Communauté Financière Africaine francs (XOF) (approximately US$40). It also notes the adoption of Decree No. 2006-059/PRN/MFP/T of 8 March 2006 which fixes minimum wage rates by branch of economic activity and occupational category for those workers covered by the interprofessional collective agreement. Recalling that in an earlier report the Government had indicated that the determination of the SMIG level is based on a basket of essential consumer goods, the Committee would appreciate receiving full particulars on the surveys of national economic conditions, the cost-of-living index, or other similar indicators, which were used for the readjustment of the minimum wage. In addition, the Committee requests the Government to provide some indication as to whether the SMIG’s current level may be considered to be adequate to cover the basic subsistence needs of workers and ensure a decent standard of living for them and their families.

Article 4(2). Full consultations with the social partners. Moreover, the Committee recalls that the Convention requires full, genuine and effective consultations with representative organizations of employers and workers at all stages of the minimum wage fixing process. Based on the information provided by the Government in its report, however, it is unclear whether the tripartite Labour Consultative Committee referred to in section 153 of the Labour Code has been involved in the process of reviewing the guaranteed minimum interoccupational wage. The Committee therefore requests the Government to supply additional information on the institutional framework within which consultations with the social partners were held regarding the revaluation of the SMIG, and any provision which may have already been made for future discussions on this subject. The Committee would also appreciate receiving a copy of the Protocol of Agreement of 16 September 2005 to which reference was made in the Government’s report.

Article 5 of the Convention and Part V of the report form. Enforcement measures. The Committee would be grateful if the Government would make an effort to collect and transmit in future reports up to date information on the practical application of the Convention, including for instance the approximate number of workers remunerated at the minimum wage rate, statistics on labour inspection results or other enforcement measures concerning minimum wages, official documents or studies on minimum wage policy, such as activity reports of the Labour Consultative Committee, etc.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

With reference to its previous comments, the Committee notes the Government’s statement to the effect that consideration is being given to holding discussions with the social partners regarding the adjustment of the guaranteed minimum inter-occupational wage (SMIG). The Committee is aware that minimum wage rates depend heavily on the economic, social and political conditions in each country and that Niger has been suffering a serious economic and social crisis for many years. Nevertheless, the Committee recalls that the fundamental purpose of the Convention is to guarantee workers a minimum wage allowing them a decent standard of living and that this purpose can be truly pursued only if minimum wage rates are re-examined periodically on the basis of the evolution of the country’s various socio-economic indicators. The Committee  also recalls the conclusions of the Committee on Freedom of Association which, in the framework of the complaint presented by the Democratic Federation of Workers of Niger (CDTN) (Case No. 2288), stressed the importance of a true and constructive social dialogue with a view to remedying the difficult economic situation the country has been experiencing for 20 years. The Committee trusts that the Government will spare no effort to readjust the SMIG, in accordance with Article 4, paragraph 1, of the Convention, and requests the Government to indicate in its next report any progress made in this regard.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

For many years, the Committee has been drawing the Government’s attention to the requirements of Article 4, paragraph 1, of the Convention and the need to readjust the guaranteed minimum inter-occupational wage (SMIG) which has not been revised since December 1980. In response to the Committee’s comments, the Government refers to the persistent economic and financial crisis and states that the SMIG and other minimum wages by occupational category will be revised as soon as national conditions may allow it. In this connection, the Committee is obliged to recall that a system of minimum wages serves no useful purpose as a measure of social protection designed to overcome poverty and to ensure the satisfaction of the workers’ subsistence needs unless minimum wage rates are periodically reviewed in light of the socio-economic conditions prevailing in the country. The Committee considers that when minimum rates of pay are systematically left to lose most of their value so that they ultimately bear no relationship with the real needs of the workers, minimum wage fixing is in fact reduced to a mere formality devoid of any substance. The Committee hopes that, more than 20 years after ratifying the Convention, the Government will take the necessary measures to reactivate the minimum wage fixing machinery and thus ensure the effective application of the Convention in practice.

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:

In its previous comments, the Committee noted that the rate of the minimum wage (SMIG) and of the minimum wages by occupational category had not been adjusted since 1980.

In its latest report, the Government provides the Committee with information on the economic and financial crisis experienced by the country for several years, which has made it impossible for the State to honour its financial commitments. The Committee notes that, according to the Government, the devaluation of the currency in 1994 has not achieved the expected results for the country and that the various successive governments since then have engaged rapidly in negotiations with the trade unions. In 1997, the Government and the trade unions reached an agreement under which the State was to pay wages every 42 days, a period considered to be a "civil month". The Committee notes that, according to the Government’s report, wage arrears have continued to accumulate despite this agreement. According to the Government, collaboration between the Government and the trade unions has been strengthened by the establishment of a National Observatory of Public Finances. Workers and employers are associated with the management of the state finances through this institution.

With regard to the payment of wage arrears and the intervals at which wages are to be paid, the Committee requests the Government to see its comments under Convention No. 95.

With regard to minimum wages, the Committee once again recalls that a member State which ratifies the Convention undertakes to adjust minimum wages from time to time, in accordance with Article 4(1) of the Convention. The Committee therefore hopes that the Government will be able to provide information on the measures which have been adopted or are envisaged with a view to ensuring the adjustment of minimum wage rates. Furthermore, the Committee requests the Government to indicate the consultations held with representatives of organizations of employers and workers concerned, in accordance with Article 4(3).

In view of the circumstances described by the Government in its report, the Committee requests it to provide information on the measures adopted to ensure the effective application of the provisions concerning minimum wages, in accordance with Article 5 of the Convention, and in particular to indicate the duties and powers of the inspectors responsible for supervision of the application of minimum wages and, where appropriate, the sanctions applied when violations are found to have occurred.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

In its previous comments, the Committee noted that the rate of the minimum wage (SMIG) and of the minimum wages by occupational category had not been adjusted since 1980.

In its latest report, the Government provides the Committee with information on the economic and financial crisis experienced by the country for several years, which has made it impossible for the State to honour its financial commitments. The Committee notes that, according to the Government, the devaluation of the currency in 1994 has not achieved the expected results for the country and that the various successive governments since then have engaged rapidly in negotiations with the trade unions. In 1997, the Government and the trade unions reached an agreement under which the State was to pay wages every 42 days, a period considered to be a "civil month". The Committee notes that, according to the Government’s report, wage arrears have continued to accumulate despite this agreement. According to the Government, collaboration between the Government and the trade unions has been strengthened by the establishment of a National Observatory of Public Finances. Workers and employers are associated with the management of the state finances through this institution.

With regard to the payment of wage arrears and the intervals at which wages are to be paid, the Committee requests the Government to see its comments under Convention No. 95.

With regard to minimum wages, the Committee once again recalls that a member State which ratifies the Convention undertakes to adjust minimum wages from time to time, in accordance with Article 4(1) of the Convention. The Committee therefore hopes that the Government will be able to provide information on the measures which have been adopted or are envisaged with a view to ensuring the adjustment of minimum wage rates. Furthermore, the Committee requests the Government to indicate the consultations held with representatives of organizations of employers and workers concerned, in accordance with Article 4(3).

In view of the circumstances described by the Government in its report, the Committee requests it to provide information on the measures adopted to ensure the effective application of the provisions concerning minimum wages, in accordance with Article 5 of the Convention, and in particular to indicate the duties and powers of the inspectors responsible for supervision of the application of minimum wages and, where appropriate, the sanctions applied when violations are found to have occurred.

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:

With reference to its previous comments, the Committee notes the Government's indication in its report that the rates of the minimum wage (SMIG) and of minimum wages for each occupational category have not been adjusted since 1980. The Committee wishes to point out to the Government that every member State ratifying this Convention is required to adjust minimum wages from time to time, in accordance with Article 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether representatives of organizations of employers and workers were consulted in accordance with Article 4, paragraph 3, concerning the decision not to adjust minimum wages.

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:

With reference to its previous comments, the Committee notes the Government's indication in its report that the rates of the minimum wage (SMIG) and of minimum wages for each occupational category have not been adjusted since 1980. The Committee wishes to point out to the Government that every member State ratifying this Convention is required to adjust minimum wages from time to time, in accordance with Article 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether representatives of organizations of employers and workers were consulted in accordance with Article 4, paragraph 3, concerning the decision not to adjust minimum wages.

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:

With reference to its previous comments, the Committee notes the Government's indication in its report that the rates of the minimum wage (SMIG) and of minimum wages for each occupational category have not been adjusted since 1980. The Committee wishes to point out to the Government that every member State ratifying this Convention is required to adjust minimum wages from time to time, in accordance with Article 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether representatives of organizations of employers and workers were consulted in accordance with Article 4, paragraph 3, concerning the decision not to adjust minimum wages.

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

With reference to its previous comments, the Committee notes the Government's indication in its report that the rates of the minimum wage (SMIG) and of minimum wages for each occupational category have not been adjusted since 1980. The Committee wishes to point out to the Government that every member State ratifying this Convention is required to adjust minimum wages from time to time, in accordance with Article 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether representatives of organizations of employers and workers were consulted in accordance with Article 4, paragraph 3, concerning the decision not to adjust minimum wages.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government in its reports and requests it to state whether the rates of the guaranteed inter-occupational minimum wage (SMIG) and of minimum wages for each occupational category, which are determined by a Decree of the President of the Council for National Guidance, have been adjusted in recent years in accordance with Article 4, paragraph 1, of the Convention, and if so, to provide the relevant texts.

The Committee would also be grateful if the Government would provide information on the manner in which the Convention is applied in practice (such as extracts from inspection reports on this subject and any other relevant documents).