Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 131) sur la fixation des salaires minima, 1970 - Burkina Faso (Ratification: 1974)

Autre commentaire sur C131

Demande directe

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Article 1 of the Convention. Scope of application. The Committee notes the adoption of Act No 028-2008/AN of 13 May 2008 issuing the Labour Code of Burkina Faso. It notes that, under the terms of section 3 of the Labour Code, employees of the public service, magistrates, military personnel, employees of territorial communities and any workers governed by a specific law are not subject to its provisions. The Committee requests the Government to indicate whether other categories of workers are governed by a specific law and are consequently excluded from the scope of application of the Labour Code by virtue of section 3. If so, the Committee requests the Government to provide a copy of the provisions applicable to these workers in relation to the fixing of minimum wages.

Article 3, in conjunction with Article 4(1). Methods of fixing and adjusting minimum wages. The Committee notes that section 187 of the Labour Code of 2008, in the same way as the 2004 Labour Code, which was applicable previously, provides that orders issued by the Council of Ministers, after seeking the views of the National Advisory Labour Commission, shall fix guaranteed minimum interoccupational wages (SMIG) as a function, among other factors, of the general level of wages in the country and the cost of living and taking into account economic factors. It notes the Government’s confirmation in its report that Decree No. 2006-655/PRES/PM/MTSS/MFB, which determines the SMIG, is still in force. The Government adds that the level of the SMIG is not sufficient to cover the essential needs of workers and to guarantee for them and their families a decent standard of living in view of the cost of living, and that this situation is aggravated by the global economic situation. However, it further indicates that it is endeavouring to stimulate a dynamic of the revision of wages in the private sector and is adjusting wages in the public sector in accordance with its capacities. The Committee requests the Government to provide information in its next report on the measures taken to adjust the SMIG, taking into account the general level of wages in the country, the cost of living and economic factors, as envisaged in section 187 of the Labour Code of 2008.

With regard to the branches of economic activity covered by a collective agreement, the Committee notes with interest the success of the bargaining in the joint commission for wage bargaining in the private sector, which resulted in a protocol agreement dated 11 April 2012. The protocol agreement envisages an increase of 4 per cent in minimum wages for private sector workers covered by the Labour Code, as of 1 April 2012, and the holding of further wage negotiations in March 2013. The Committee requests the Government to provide information on the outcome of the wage negotiations to be held during the period covered by its next report and on the manner in which the general level of wages in the country, the cost of living and economic factors are taken into account on that occasion. With regard to the branches of economic activity that are not covered by a collective agreement, the Committee notes that, under the terms of section 187 of the Labour Code of 2008, a decree issued by the Council of Ministers shall determine occupational categories and the corresponding minimum wages.

Article 4(3). Participation of the social partners in minimum wage fixing machinery. The Committee notes the adoption, under section 187 of the Labour Code of 2008, of Decree No. 2010-809/PRES/PM/MTSS/MEF/MFPRE of 31 December 2010 establishing and determining the composition, functions and operation of a National Commission on the Guaranteed Minimum Interoccupational Wage (SMIG). It notes that this Commission, which includes representatives of the Government, the National Council of Employers of Burkina Faso and the trade union confederations, is entrusted with preparing for the Government a technical report revising the basket for the SMIG. The Committee also notes that, in accordance with section 408 of the Labour Code of 2008, the Advisory Labour Commission is entrusted with examining the criteria which could serve as a basis for the determination and adjustment of the minimum wage. The Committee requests the Government to provide further details on the respective roles of the Advisory Labour Commission and the National Commission on the SMIG in the process of fixing minimum interoccupational wages, as well as information on the outcome of their work. Furthermore, with reference to its previous comment, the Committee requests the Government to provide a copy of the Decree determining the composition and operation of the Advisory Labour Commission, the adoption of which is envisaged in section 406 of the Labour Code of 2008.

Parts IV and V of the report form. Application in practice and court decisions. The Committee notes with interest that several decisions by the labour court of Ouagadougou on the application of the national legislation and collective agreements on minimum wages, such as rulings Nos 097 of 3 June 2005 and 225 of 23 December 2005, make explicit reference to the provisions of the Convention. The Committee requests the Government to provide copies of any further court decisions relating to questions of principle concerning the application of the Convention. It further notes the Government’s indication that the Department of Labour has been attached to the Department of the Public Service and that the Directorate of Statistics, Information Technology and Prospective Studies (DSIP) of the Ministry of Labour and Social Security has been replaced by a Directorate of Statistics and Information (DSI) with new functions. The Government adds that it is not currently in a position to provide the information requested by the Committee on the application of the Convention in practice. The Committee notes these internal changes and requests the Government to provide the information available concerning the implementation of the Convention in practice including, when possible, statistical data indicating the number of workers covered by the provisions giving effect to the Convention, and information on the results of the activities of the inspection services, including the penalties issued in cases of violations of the relevant provisions of the national legislation and of collective agreements.