Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the information provided by the Government in reply to its previous comments. It notes, in particular, the adoption of the new Labour Code, Act No. 033-2004/AN of 14 September 2004.

Article 3, in conjunction with Article 4, paragraph 1, of the Convention. The Committee notes with interest that, unlike section 108 of the previous Labour Code of 1992, section 179 of the new Labour Code of 2004 expressly refers to the general level of wages, the cost of living and economic factors as being the principal criteria for determining and periodically adjusting minimum wage rates. It also notes the Government’s reference to Decree No. 2006‑655/PRES/
PM/MTSS/MFB of 29 December 2006, which last raised the guaranteed minimum interoccupational wage (SMIG) by 6 per cent from CFA28,778 (approximately US$58) to CFA30,684 (approximately US$62) per month. The Committee asks the Government to provide some indication as to whether the SMIG’s current level is considered adequate to cover the basic subsistence needs of workers and ensure a decent standard of living for them and their families.

In addition, the Committee notes the Government’s statement that most categories of workers are covered by collective agreements that include provisions on minimum wage rates. It requests the Government to provide a copy of such collective agreements. Moreover, the Committee notes the Government’s reference to Decree No. 2000-301/PRES/PM/METSS of 30 June 2000, modifying the minimum wage rates by professional category for the branches of activity not covered by collective agreements. It requests the Government to indicate whether this instrument is still in force notwithstanding the adoption of the abovementioned Decree No. 2006-655/PRES/PM/MTSS/MFB.

Article 4, paragraph 3. The Committee notes that section 376 of the new Labour Code of 2004, which in essence reproduces the provisions of section 230 of the previous Labour Code of 1992, provides for the adoption by the Council of Ministers of a decree setting out the conditions of appointment and number of employers’ and workers’ representatives to the Labour Advisory Commission, their term of office and the rules of procedure. The Committee also notes the Government’s statement that the decree in question is in the process of being adopted and that it is expected to replace the previous one which came into effect in 2003. The Committee asks the Government to forward a copy of the new decree concerning the membership of the Labour Advisory Commission as soon as it is issued.

Moreover, the Committee notes the Government’s indication that the Labour Advisory Commission has not undertaken any recent survey on national economic conditions nor has it given any opinion related to minimum wages. The Committee requests the Government to keep it informed of the future work of this tripartite consultative body and transmit copies of any report or other official document it might be assigned to prepare in relation to minimum wages.

Article 5 and Part V of the report form. The Committee notes the Government’s explanations about the difficulties in collecting statistical data and the recent measures for the establishment of a Statistical, Information Technology and Prospects Directorate (DSIP) which will be responsible, in cooperation with the National Institute of Statistics and Demography, for conceiving, collecting, analysing and diffusing statistical data and research studies in the field of labour, social protection and occupational safety and health. The Committee would appreciate if the Government would provide in future reports detailed information on the activities of the new statistical institution, especially in the area of minimum wages. It would also be grateful if the Government would continue to supply up to date information on the practical application of the Convention, including for instance the minimum wage rates applicable in different occupations in the private and public sectors, the approximate number of workers remunerated at the minimum wage rate, and labour inspection results or other enforcement measures in respect of minimum wages.