Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

In order to provide a comprehensive review of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to consider Conventions Nos 131 (minimum wages) and 95 (protection of wages) in a single comment.

Minimum wages

Article 4 of Convention No. 131. Periodical adjustment of minimum wage rates. In its previous comments, the Committee noted that, according to the information available, the last decree fixing the guaranteed inter-occupational minimum wage (SMIG) and the guaranteed agricultural minimum wage (SMAG) was adopted in 1991. It notes with concern the Government’s indication in its report that there has been no fixing or adjustment of minimum wages during the period covered by the report and that it does not provide information on the operation of the Standing National Labour Council (CNPT), a tripartite body whose functions include, under section 226 of the Labour Code, issuing an opinion when the SMIG and SMAG are being fixed.The Committee therefore urges the Government to take the necessary measures to review, without delay, the minimum wage rates and to adjust the SMIG and SMAG levels in the light of this review. The Committee requests the Government to provide information on the measures taken in this regard, including on any opinion issued by the CNPT in this context.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages. In its previous comments, the Committee requested the Government to provide information on the settlement of wage arrears in the public sector. It notes that the Government’s report does not contain information in this regard. The Committee recalls that the application in practice of Article 12 comprises three essential elements: (i) efficient control; (ii) appropriate sanctions; and (iii) the means to redress the injury caused (see General Survey of 2003 on the protection of wages, paragraph 368). The Committee notes that the Labour Code contains provisions regulating these three elements, but that the Code excludes public employees from its scope of application. The remuneration of public employees is regulated by Act No. 09.014 of 10 August 2009 issuing the General Conditions of Service of the Central African Public Service, which does not contain provisions implementing the three elements mentioned above.The Committee therefore once again requests the Government to provide information on the settlement of wage arrears in the public sector. It also requests the Government to take the necessary steps to ensure the regular payment of wages in this sector through the provision of efficient control, the adoption of appropriate sanctions in cases of non-observance, and the existence of means to redress any injuries caused. The Committee requests the Government to provide information on the measures taken in this regard.