Solicitud directa (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

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Convenio sobre los métodos para la fijación de salarios mínimos, 1928 (núm. 26) (Ratificación : 1960)
Convenio sobre la protección del salario, 1949 (núm. 95) (Ratificación : 1960)
Convenio sobre los métodos para la fijación de salarios mínimos (agricultura), 1951 (núm. 99) (Ratificación : 1961)

Otros comentarios sobre C026

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Other comments on C095

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2003

Other comments on C099

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and 95 (protection of wages) together.

Article 4 of Conventions Nos 26 and 99 and Article 15(c) of Convention No. 95. Enforcement and sanctions. The Committee notes that, in response to its previous comment on Convention No. 95 concerning actions taken by the labour inspectorate in the area of sanctions, the Government, in its report, merely provides general information on the powers of labour inspectors and indicates that the data on the number and nature of infringements noted will be incorporated into the new statistical data collection sheet. The Committee also notes that the Labour Code does not appear to contain provisions for specific sanctions in the case of non-compliance with the applicable minimum wage rates. In this respect, the Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81) regarding the obligation to prepare a report on the labour inspection services. The Committee requests the Government to provide information on actions taken by the labour inspectorate in the area of sanctions for infringements of the legislation giving effect to Convention No. 95, and of the applicable minimum wage rates, including the number and nature of infringements noted, the measures taken to put an end to them, and the sanctions imposed, as well as the outcome of court proceedings, where relevant.

Minimum wages

Article 3 of Conventions Nos 26 and 99. Methods of minimum wage fixing. Further to its previous comment, the Committee notes that, according to the Government’s information, the amount of the new guaranteed minimum agricultural wage (SMAG) has been approved by the social partners in the Standing Independent Consultation Committee (CIPC), the Labour Advisory Commission (CCT) has issued its opinion, and the adoption of the implementing decree is pending. The Committee also notes the Government’s indication that the negotiations for the re-evaluation of the guaranteed inter-occupational minimum wage rate (SMIG) are under way in the CIPC. The Committee requests the Government to continue to provide information on the negotiations initiated in order to re-evaluate the SMIG and the SMAG in application of section 31.8 of the Labour Code as well as the outcome of those, where relevant.

Wage protection

Articles 1 and 2 of Convention No. 95. Scope of application. The Committee notes that under the terms of section 2 of the Labour Code, the provisions of the latter are not applicable to persons appointed to a permanent public administration post and that workers employed in the service of the State or public associations that come under special regulations are excluded, within the limits of those regulations and of the general precepts of administrative law, from the scope of application of the Labour Code. The Committee notes that, apart from sections 10, 11, 61 and 155 of the General Public Service Regulations, which give effect to Articles 12 and 14 of the Convention, and section 180 of Decree No. 93-607 of 2 July 1993, laying down common terms for the application of the General Public Service Regulations, which gives effect to Article 8 of the Convention, the above texts applicable to public servants do not appear to cover the question of the protection of wages of these employees. The Committee therefore requests the Government to indicate the manner in which effect is given to the other provisions of the Convention in the public service.

Article 4(1) and (2). Partial payment of wages in kind. The Committee notes that in response to its previous comment, the Government indicates that the implementing decree of section 31.7 of the Labour Code has not yet been adopted and that the issue of partial payment of wages in kind will be presented to the social partners. In this context, the Committee once again requests the Government to provide information on any measures taken or envisaged, including the adoption of implementing regulations for section 31.7 of the Labour Code, to ensure that the payment of wages in kind may only be partial and that: (i) such allowances are appropriate for the personal use and benefit of the worker and their family; and (ii) the value attributed to such allowances is fair and reasonable. It also requests the Government to provide information on any discussions with the social partners on this issue and, where possible, the outcome of those.