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 2010, published 100th ILC session (2011)

Article 8(1) of the Convention. Deductions from wages. The Committee recalls its previous comments in which it drew the Government’s attention to section 170 of the Labour Code of 1996 and requested its amendment in order to bring it in conformity with this Article of the Convention. More concretely, in view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards (but not individual labour agreements), the Committee suggested that the words “and the individual labour contract” (et les contrats) should be deleted while the expression “compulsory levies” (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. As the Government’s report provides no new information on this point, the Committee once again requests the Government to indicate the measures taken or envisaged in order to bring section 170 of the Labour Code into full conformity with Article 8(1) of the Convention.

Part V of the report form. Application in practice. Noting that no information of a general nature has been supplied for many years concerning the application of the Convention in practice, the Committee would be grateful if the Government would make an effort to collect and transmit all relevant information in this regard, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on wage conditions, extracts from labour inspection reports showing the number of inspections carried out, contraventions observed and sanctions imposed, any difficulties experienced in the enforcement of the implementing legislation, etc.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 12(1) of the Convention. Payment of wages at regular intervals. The Committee notes the Government’s indication that section 206 of Decree No. 67‑126/MFP/T of 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation to pay at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis, is no longer applicable by virtue of section 343 of the Labour Code of 1996 which repeals all regulatory provisions that are not in harmony with the provisions of the Code. The Government refers to section 160 of the Labour Code which prescribes that wages have to be paid at regular intervals not exceeding 15 days in the case of workers employed by the day or week and not less often than once a month in the case of employed persons whose remuneration is calculated on a bi-monthly or monthly basis. The Government adds that the draft decree on regulations implementing the Labour Code reproduces textually the provisions of the Convention. The Committee notes the Government’s explanations and requests the Government to transmit a copy of the new regulations implementing the Labour Code as soon as it has been adopted.

With regard to the problem of wage arrears, the Committee notes the Government’s statement that, since 1999, the wages of public sector workers have been paid regularly and all previous difficulties have been resolved following the establishment of the Committee for the Settlement of the Internal State Deficit (CADIE). The Committee understands that the committee responsible for the settlement of wage arrears has reportedly announced the completion of its mission in July 2008 after having paid a total of 6 billion CFA francs (approximately US$13 million) of wage arrears to public employees. The Committee would appreciate if the Government would clarify whether any difficulties remain regarding the payment of wages on time and in full in either the public or private sector, or whether any measures have been taken or planned to prevent similar situations in the future.

The Committee is raising other points in a request addressed directly to the Government.

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

Article 12, paragraph 1, of the Convention. Payment of wages at regular intervals. The Committee has been commenting for a number of years on the need to amend section 206 of Decree No. 67-126/MFP/T of 1967 which exempts all agricultural, industrial and commercial undertakings from the obligation to pay at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis. Regrettably, the Government’s last report does not provide any further explanations on this point. The Committee wishes to refer, in this connection, to Paragraph 4 of the Protection of Wages Recommendation, 1949 (No. 85), which specifies that the maximum intervals for the payment of wages should ensure that wages are paid not less than twice a month at intervals not exceeding 16 days in the case of workers whose wages are calculated by the hour, day or week, and not less than once a month in the case of employed persons whose remuneration is fixed on a monthly or annual basis. Moreover, the Committee recalls paragraph 355 of its General Survey of 2003 on protection of wages in which it pointed out that “the rationale underlying [this Article of the Convention] is to discourage long wage payment intervals and thus to minimize the likelihood of indebtedness among the workers [since] the quintessence of wage protection is the assurance of a periodic payment allowing the worker to organize his everyday life with a reasonable degree of certainty and security”. The Committee therefore once again urges the Government to take appropriate steps to ensure that all workers without exception to whom wages are paid or payable receive their wages at regular intervals thus giving full effect to section 160 of the Labour Code which provides that wages must be paid every 15 days for those employed by the day or week and once a month for those employed by fortnight or month.

In addition, the Committee recalls its previous comment in which it had requested the Government to supply detailed information on the situation of accumulated wage arrears to which the ILO Committee on Freedom of Association had alluded on an earlier occasion. The Committee understands that, in 2002, the estimated amount of public pay arrears, including wage arrears, stood at 132 billion Communauté Financière Africaine (CFA) francs and that, since the establishment of the Autonomous Centre for the State-owed Arrears Settlement (CADIE) in 2000, the Government has been pursuing a strict arrears audit policy. As a result, in 2006, the total amount of arrears was reduced by CFA14 billion. The Committee of Experts has consistently taken the view that the delayed payment of wages or the accumulation of wage debts clearly contravenes the letter and the spirit of the Convention and render the application of most of its other provisions simply meaningless. In the absence of any concrete information provided by the Government on this point, the Committee is obliged to once more ask the Government to provide full particulars about the nature and extent of the persistent difficulties concerning the timely payment of wages, especially in the public sector, and the measures or initiatives taken in order to settle all outstanding payments and prevent the recurrence of similar problems in the future.

[The Government is asked to reply in detail to the present comments in 2009.]

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

The Committee recalls that for many years it has referred to section 206 of Decree No. 67-126/MFP/T of 1967 which exempts all agricultural, industrial and commercial undertakings from the obligation to pay at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis, and which is therefore incompatible with Article 12, paragraph 1, of the Convention. In its latest report, the Government repeats the declarations it made previously, namely that section 158 of the 1996 Labour Code, which stipulates that employers may not limit in any manner the freedom of workers to dispose of their wages as they choose, renders the prescriptions of section 206 of the aforementioned decree null and void and that, moreover, this section has long had no practical application. Once again, the Committee must stress that the Government’s reference to section 158 of the Labour Code is strictly irrelevant to the principle of payment of wages at regular intervals since this section relates to the worker’s freedom to dispose of his/her wages once received. It therefore urges the Government to take the necessary measures to abrogate section 206 of the 1967 Decree as soon as possible and thus guarantee application of Article 12, paragraph 1, of the Convention. The Committee also notes that the draft Regulations implementing the Labour Code have still not been finalized. It therefore requests the Government to keep it informed of any progress made in this respect and to furnish a copy of the new regulations once adopted.

Furthermore, the Committee notes that in its complaint against the Government of Niger submitted in June 2003 and examined by the Committee on Freedom of Association in March 2004 (Case No. 2288), the Democratic Federation of Workers of Niger (CDTN) alleged an accumulation of wage arrears and failure by the Government to comply with the payments schedule. While recalling the conclusions of the Committee which stressed the importance of consultation with trade union organizations when rationalization or restructuring programmes are envisaged in public enterprises or institutions, the Committee requests the Government to supply in its next report detailed information on the nature and extent of the problem of delayed payment of wages, the number of workers concerned and the sectors chiefly affected, as well as measures taken to put an end to such practices. In this connection, the Committee refers to paragraph 374 of its 2003 General Survey on the protection of wages in which it stated that bringing the accumulation of wage arrears to an end requires sustained efforts, an open and continuous dialogue with the social partners and a wide range of measures, not only at the legislative level but also in practice. The Committee also considers that in view of the complexity of the issues related to the deferred payment of wages, viable solutions may be found only in cooperation with the social partners since social dialogue is the only way of sharing the burden of economic reforms and especially painful structural changes while preserving social peace.

Finally, the Committee requests the Government to include in its next report specific explanations in response to the matters raised in the Committee’s  last direct request.

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

The Committee notes the information provided by the Government concerning the application of Articles 4, 10 and 14(a) of the Convention.

Article 8, paragraph 1, of the Convention. The Committee has been requesting the Government to clarify the meaning of section 170 of the Labour Code of 1996 under which deductions may be made for deposits (consignations) prescribed by individual contracts of employment. In view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards, the above provision would need to be revised and therefore the Committee would suggest that the words "and the individual labour contract" (et les contrats) should be deleted while the expression "compulsory levies" (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee requests the Government to take the necessary steps at the first suitable opportunity in order to bring the national legislation into conformity with this Article of the Convention and to report on any progress made in this respect.

Part V of the report form. The Committee notes that the Government has not supplied in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. The Committee requests therefore the Government to make every effort to obtain and communicate in its next report concrete information, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, as well as any other particulars on the effect given to the Convention in practice.

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

Further to its previous observation concerning the need to repeal section 206 of Decree No. 67-126/MFP/T of 1967 which exempts all agricultural, industrial and commercial undertakings from the obligation to pay at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis, the Committee notes with regret that the Government is still unable to report any concrete progress. The Government had previously transmitted a copy of the records of the March-April 2002 session of the tripartite Labour Consultative Committee in which a draft Decree to regulate the application of the Labour Code was examined, while in its last report the Government confined itself to indicating that the draft Decree in question is still in the process of adoption. The Committee urges the Government to take at last the necessary measures to ensure the application of Article 12, paragraph 1, of the Convention on which it has been commenting for many years and to forward a copy of the Decree regulating the application of the Labour Code once it has been adopted.

The Committee is addressing a request directly to the Government on certain other points.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

The Committee notes with interest the adoption of Order No. 96-039 of 29 June 1996 establishing the Labour Code. In this connection, it requests the Government to supply further information on the following points.

Article 4 of the Convention. The Committee notes that, according to section 158 of the new Labour Code, the payment of wages in kind, wholly or in part, is prohibited subject to the provisions of section 151. The Committee asks the Government to clarify the relationship between the general prohibition of wage payment in kind set out in section 158 and the specific requirement for the supply of accommodation and essential foodstuffs laid down in section 151 of the Labour Code.

Articles 8 and 10. The Committee notes that by virtue of section 170 of the Labour Code, deductions may be made for deposits ("consignations") provided for in work contracts. It requests the Government to supply detailed information on the abovementioned deposits. In addition, the Committee requests the Government to provide up-to-date information on the regulations establishing the portions of wages subject to progressive deductions and the corresponding rates as required under section 171 of the Labour Code.

Article 14(a). The Committee requests the Government to indicate the legal provisions concerning the measures to ensure that workers are informed before they enter employment of the conditions in respect of wages under which they are employed.

[The Government is asked to reply in detail to the present comments in 2003.]

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the Government’s report. It also notes with interest the adoption of Order No. 96-039 of 29 June 1996 establishing the Labour Code.

At the same time, the Committee notes with regret that the Government has reported no progress on the observation it has been making for more than 30 years concerning section 206 of Decree No. 67-126/MFP/T of 7 September 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation of paying at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis, and therefore is incompatible with the requirements of Article 12(1) of the Convention and needs to be amended. The only progress reported is the indication that the provision in question will be repealed in the context of the elaboration of new regulations following the adoption of the new Labour Code. Recalling that several times in the past the Government had announced that it was planning to repeal this section within the framework of a general revision of the legislation in force, the Committee can only hope that the Government will make every effort to take the necessary action without further delay.

Moreover, the Committee notes the Government’s reference to section 158 of the new Labour Code which stipulates that employers may not limit in any manner the freedom of workers to dispose of their wages as they choose. The Government indicates that this new provision aims at better implementing the requirements of the Convention while it renders null and void section 206 of the Decree of 7 September 1967 which, in any event, is no longer applied in practice. In this respect, the Committee feels obliged to observe that, even though section 158 of the new Labour Code seems in principle to give effect to the provision of Article 6 of the Convention concerning the free disposal of wages, it has little bearing with Article 12(1) of the Convention, and thus with section 206 of the abovementioned Decree, which seeks to protect workers against irregular payments and wage arrears by requiring the payment of wages at regular intervals. The Committee asks the Government to include in its next report any information on legislative measures taken or contemplated to ensure that workers employed in agricultural, industrial and commercial undertakings receive their wages at regular intervals in conformity with the relevant provisions of the Convention.

The Committee is addressing a request directly to the Government on certain other points.

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

[The Government is asked to reply in detail to the present comments in 2003.]

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

The Committee notes with interest the adoption of Order No. 96-039 of 29 June 1996 establishing the Labour Code. In this connection, it requests the Government to supply further information on the following points.

Article 4. The Committee notes that, according to section 158 of the new Labour Code, the payment of wages in kind, wholly or in part, is prohibited subject to the provisions of section 151. The Committee asks the Government to clarify the relationship between the general prohibition of wage payment in kind set out in section 158 and the specific requirement for the supply of accommodation and essential foodstuffs laid down in section 151 of the Labour Code.

Articles 8 and 10. The Committee notes that by virtue of section 170 of the Labour Code, deductions may be made for deposits ("consignations") provided for in work contracts. It requests the Government to supply detailed information on the abovementioned deposits. In addition, the Committee requests the Government to provide up-to-date information on the regulations establishing the portions of wages subject to progressive deductions and the corresponding rates as required under section 171 of the Labour Code.

Article 14(a). The Committee requests the Government to indicate the legal provisions concerning the measures to ensure that workers are informed before they enter employment of the conditions in respect of wages under which they are employed.

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

The Committee notes the Government’s report. It also notes with interest the adoption of Order No. 96-039 of 29 June 1996 establishing the Labour Code.

At the same time, the Committee notes with regret that the Government has reported no progress on the observation it has been making for more than 30 years concerning section 206 of Decree No. 67-126/MFP/T of 7 September 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation of paying at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis, and therefore is incompatible with the requirements of Article 12(1) of the Convention and needs to be amended. The only progress reported is the indication that the provision in question will be repealed in the context of the elaboration of new regulations following the adoption of the new Labour Code. Recalling that several times in the past the Government had announced that it was planning to repeal this section within the framework of a general revision of the legislation in force, the Committee can only hope that the Government will make every effort to take the necessary action without further delay.

Moreover, the Committee notes the Government’s reference to section 158 of the new Labour Code which stipulates that employers may not limit in any manner the freedom of workers to dispose of their wages as they choose. The Government indicates that this new provision aims at better implementing the requirements of the Convention while it renders null and void section 206 of the Decree of 7 September 1967 which, in any event, is no longer applied in practice. In this respect, the Committee feels obliged to observe that, even though section 158 of the new Labour Code seems in principle to give effect to the provision of Article 6 of the Convention concerning the free disposal of wages, it has little bearing with Article 12(1) of the Convention, and thus with section 206 of the abovementioned Decree, which seeks to protect workers against irregular payments and wage arrears by requiring the payment of wages at regular intervals. The Committee asks the Government to include in its next report any information on legislative measures taken or contemplated to ensure that workers employed in agricultural, industrial and commercial undertakings receive their wages at regular intervals in conformity with the relevant provisions of the Convention.

The Committee is addressing a request directly to the Government on certain other points.

[The Government is asked to report in detail in 2002.]

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

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

Article 12, paragraph 1, of the Convention.  In its previous direct request, the Committee noted that a periodical meeting of the labour and social security officers, enlarged to include employers’ and workers’ organizations, which was held in February 1991, had recommended the repeal of section 206 of the Decree of 7 September 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation of paying at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis. It notes that the Government refers once again in its report to a recommendation made by the above meeting. The Committee also notes the Government’s indications that this section of the Decree has not been given any effect in practice for a long time and that the revision of the Labour Code which was to have taken into account this recommendation has still not been carried out.

The Committee hopes that the Government will be in a position to report in the near future the progress achieved in bringing this provision into conformity with the Convention and with the practice described by the Government.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Article 12, paragraph 1, of the Convention. With reference to the previous direct request, the Committee notes the Government's statement in its earlier report that for the purpose of the next revision of the Labour Code, consultation had been made with social partners, including the employers' and workers' organizations. It also noted in this connection that a periodical meeting of the labour and social security officers enlarged to include employers' and workers' organizations, which was held in February 1991, had recommended the repeal of section 206 of the Decree of 7 September 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation of paying at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis. It hopes that the Government will be able to indicate in its further report that further progress has been made in this regard.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 12, paragraph 1, of the Convention. In its previous direct request, the Committee noted that a periodical meeting of the labour and social security officers, enlarged to include employers' and workers' organizations, which was held in February 1991, had recommended the repeal of section 206 of the Decree of 7 September 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation of paying at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis. It notes that the Government refers once again in its report to a recommendation made by the above meeting. The Committee also notes the Government's indications that this section of the Decree has not been given any effect in practice for a long time and that the revision of the Labour Code which was to have taken into account this recommendation has still not been carried out.

The Committee hopes that the Government will be in a position to report in the near future the progress achieved in bringing this provision into conformity with the Convention and with the practice described by the Government.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 12, paragraph 1, of the Convention. With reference to the previous direct request, the Committee notes the Government's statement in its report that for the purpose of the next revision of the Labour Code, consultation has been made with social partners, including the employers' and workers' organisations. It also notes in this connection that a periodical meeting of the labour and social security officers enlarged to include employers' and workers' organisations, which was held in February 1991, recommended the repeal of section 206 of the Decree of 7 September 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation of paying at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis. It hopes that the Government will be able to indicate in its further report that further progress has been made in this regard.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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:

Article 12, paragraph 1, of the Convention. The Committee notes the information supplied by the Government to the effect that section 206 of the Decree of 7 September 1967 is not applied in practice and that the Government is planning to repeal it within the framework of a general revision of the legislation that is in force. The Committee would be grateful if the Government would supply information in its next report concerning the steps taken in order to bring the national legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Article 12, paragraph 1, of the Convention. The Committee notes the information supplied by the Government to the effect that section 206 of the Decree of 7 September 1967 is not applied in practice and that the Government is planning to repeal it within the framework of a general revision of the legislation that is in force. The Committee would be grateful if the Government would supply information in its next report concerning the steps taken in order to bring the national legislation into conformity with the Convention.