Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Comoros

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1978)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1978)
Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) (Ratification: 1978)

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 No. 95 (protection of wages) in a single comment.

The Committee notes the observations of the Workers’ Confederation of Comoros (CTTC), received on 26 July 2025.

Minimum wages

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. Further to its previous comments on the adoption of a legislative text fixing minimum wages, the Committee notes the Government’s indications in its report that the last session of the Labour and Employment Advisory Council (CCTE) was held in October 2019. The Government also indicates that a new session of the CCTE will be convened as soon as possible, during which the term of office of the committee members will be renewed by ministerial order, after consultation of the social partners. The Committee notes that the CTTC reiterates its observations of 2017 emphasizing that no progress has been made. It indicates that despite the demands of the social partners, no meeting has been convened since October 2019. Regarding collective agreements, the CTTC indicates that the only one that exists is an enterprise agreement in the dock work sector. While noting the Government’s indication that it undertakes to relaunch the work of the CCTE, the Committee notes with regret that no specific measures have been taken until now to give effect to section 106 of the Labour Code, which provides that a decree adopted in the Council of Ministers shall fix the guaranteed interoccupational minimum wage (SMIG) after an opinion from the CCTE. The Committee once again requests the Government to take the necessary steps to give effect to the provisions of section 106 of the Labour Code, pursuant to Article 3 of both Conventions, and to provide information in this respect. The Committee also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99.System of supervision and sanctions. In its previous comment, the Committee asked the Government to provide its comments on the CTTC’s indication that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee notes that the Government’s report does not contain any information on this matter. The Committee requests the Government to take the necessary steps, through a system of supervision and sanctions, to ensure that the employers and workers concerned are informed of the minimum wage rates in force and that wages are not paid at less than these rates in cases where they are applicable, as required by these Articles of the Conventions. The Committee also requests the Government to provide information on this matter.

Protection of wages

Article 2 of Convention No. 95. The Committee notes that section 1 of the Labour Code provides that persons appointed to permanent managerial posts in the public administration are not subject to the provisions of the Code. The Committee also notes that Act No. 04-006 of 10 November 2004 establishing the general public service regulations in the Union of the Comoros does not contain any provisions that apply the Convention. The Committee requests the Government to indicate the manner in which it is ensured that the Convention is applied to managerial staff occupying permanent posts in a public administration.

Article 6. Freedom of workers to dispose of their wages. The Committee notes that section 118 of the Labour Code provides that employers shall be prohibited, unless authorized by the labour inspector, from limiting in any manner the freedom of workers to dispose of their wages. The Committee recalls that Article 6 is aimed at protecting the full discretion of workers as to the use they wish to make of their wages against any kind of duress that an employer might exert in this regard (see the 2003 General Survey on protection of wages, para. 177). The Committee requests the Government to take the necessary measures to bring its legislation in conformity with Article 6 of the Convention, ensuring the respect of the inalienable right of workers to receive their wages directly and in full, and to dispose of them as they please. The Committee also requests the Government to indicate the types of situations which might give rise to authorization by the labour inspector to limit workers’ freedom to dispose of their wages.

Articles 8 and 10. Deductions from wages; attachment or assignment of wages. In its previous comments, the Committee asked the Government to take the necessary steps to fix the limit for deductions from wages, including those resulting from attachment or assignment, and to specify procedures and limits for deductions that can be authorized on the basis of individual employment contracts. The Committee notes that the Government’s report does not contain any information on this matter. The Committee once again requests the Government to take the necessary steps to give effect to the requirements of these Articles of the Convention, including through the adoption of the order provided for in sections 114 and 119 of the Labour Code. The Committee also requests the Government to provide information on this matter.

Article 12(1). Regular payment of wages. Application in practice. The Committee notes that the CTTC reiterates its observations concerning wage arrears for state officials and employees for the 1995–2009 period. The CTTC indicates that these State workers have not received their wages and that employers’ social contributions have not been paid. By way of example, for the aforementioned period, wage arrears for officials working on the islands of Ngazidja (Grande Comore) and Mohéli amount to 18 months’ wages, and for officials on the island of Anjouan arrears amount to 42 months’ wages. The Committee requests the Government to take the necessary measures to resolve the persistent issue of wages arrears in the public sector and to indicate the results of the application of these measures. Referring to its observations on the application of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to take the necessary steps to ensure that effective penalties are applied in cases of non-observance of the provisions relating to the timely payment of wages, and to provide information in this regard.