Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Guinea-Bissau (Ratification: 1977)

Individual Case (CAS) - Discussion: 2025, Publication: 113rd ILC session (2025)

Discussion by the Committee

Chairperson – I have the honour of giving the floor to the distinguished Government representative of Guinea-Bissau, the Director-General of Labour.

Interpretation from Portuguese: Government representative – The Government of Guinea-Bissau has requested the Director-General of the ILO, through the office in Dakar, to provide us with technical assistance, including a feasibility study to support our constituents in the process of setting and adjusting our national minimum wage. This request was made so that we could have a better picture of the state of the labour market in Guinea-Bissau, and so that we could look at various possibilities of setting a new minimum wage. We wanted to have more statistics on the labour market in our country so that we could then proceed with the setting of a new minimum wage.

Setting a new minimum wage requires taking into account the national context. You know what our business and economic situation is. We do unfortunately face difficulties in all sectors because our country in general is fragile. The main employer is the State and the minimum wage in the public sector at the moment is 50,000 CFA francs, but we feel that what we need is a new concept for the setting of the minimum wage with more updated statistics on which to rely. We do have a Standing Council on Social Cooperation in Guinea-Bissau, whose responsibility is to deal with the minimum wage in the public sector, and we have had technical assistance from the ILO when it comes to setting our minimum wage in the private sector.

As I said, most of those who do have work in Guinea-Bissau are working in the public sector. Circumstances in the private sector are somewhat different and so is the picture with regard to the minimum wage. Then there is the informal economy and agriculture, which unfortunately are not, at the moment, covered by the setting of the minimum wage rules and regulations.

We have held discussions with the representative employers’ and workers’ organizations in our country but unfortunately it was difficult for us to reach a compromise that would take into account the need to have sustainable businesses, growing businesses in the private sector, which is already very weak and fragile, and the interests of workers and their families.

We are trying to improve the minimum wage in the private sector but, generally speaking, it is lower than the minimum wage which is guaranteed in the public sector. The study which we used for updating the minimum wage was submitted to our tripartite social partners and a presentation was made on exactly what the proposal for a more viable figure for the private sector would be. We want to have the same level of minimum wage in both sectors, public and private, and we hope that that figure would be 50,000 CFA francs. However, for that to happen we need to have the approval of our tripartite constituents.

We realize that the 50,000 figure is going to have to be revised for the public sector as well. We cannot just leave it eternally unchanged. When we make the change for the public sector, we will do it for the private sector as well, so we do not have a discrepancy between the two sectors.

We have a study on raising the minimum wage level in the private sector. We are now working with relevant bodies in Guinea-Bissau to establish a wage structure for both sectors, public and private, so that we do not have these differences. We hope we will be able to do this by the end of 2026 at the latest. The problem is that we are a bit short of funds in our national budget to do this. We have taken the decision to do it but we are not absolutely certain we will be able to when we want to.

Of course, we know we have responsibilities to guarantee fundamental rights at work, because we support the ILO policy. That means that we have to do what the Conventions we have ratified stipulate, and that goes for this Convention as well.

Naturally, the issue is that our circumstances do not always allow us to do it as and when we would have wanted. We have observed that companies pay over the minimum wage, although there are companies that pay less than the minimum wage as well. Often, when that happens, it happens in the informal sector and we are trying to work to remedy the situation in that sector and encourage companies and businesses that are working in the informal sector to come in to the formal economy because, there, their workers would have much better guarantees of receiving the minimum wage as set than they do at the moment in the informal sector. They would enjoy better rights at work too.

If we are going to reduce poverty and improve social and economic conditions in Guinea-Bissau then we really do have to do something about the minimum wage, because we are not going to achieve very much if we do not. At the moment, we have a high level of extreme poverty in our country as I am sure you are aware of. If we can get more companies into the formal sector and cut down on the size of the informal sector we will increase tax income, we will be able to provide better working conditions, but at the moment, the whole situation is very fragile.

We do want to make it, including with this issue of the setting of the minimum wage, but in our circumstances, it really is very, very difficult.

We might get more companies and enterprises into the formal sector if we could give them an incentive to move over from the informal sector, but that is equally difficult.

Regarding this Convention and its application by our country we have been encouraged by the ILO to promote and increase social dialogue. We are strong believers in it. We are great supporters of it. Our tripartite constituents, of course, are our partners in trying to promote and further development in Guinea-Bissau. We cannot get sustainable development and growth unless we have the support and involvement of our tripartite partners. We are well aware of that. So we are doing our best to involve employers and workers and their organizations and civil society in improving the situation.

Our Standing Council on Social Cooperation, which is responsible for these issues, has met about three times this year. Everybody there has the right to contribute. We have freedom of association in Guinea-Bissau, so that means we can involve the workers’ representatives as well.

We had a few difficulties which affected the smooth operation of the Chamber of Commerce, our business association. At the moment, we are intending to adjust the minimum wage for the private sector to bring it into line with the one in the public sector by the end of 2026 and we are then going to look at the possibility of increasing it again.

We would be very grateful for further technical assistance from the ILO regarding the formalization of the informal economy because it has always been a strong partner when it comes to creating and furthering decent work in our country, and with respect to trying to cut down on the size of the informal sector, we are trying to do something about it, but without technical and financial support, it is very, very difficult because the size of our informal economy is huge. When it comes to social security, only 2 per cent, I repeat, 2 per cent of our workers are actually covered by it. So you can see how fragile and difficult this situation really is. I take advantage of having the floor at this meeting to urge the ILO to give our Government the support it desperately needs.

I said we have freedom of association and that is true. We have legislation on the statutes regarding the protection of workers’ rights in Guinea-Bissau. There are no legal restrictions on the freedom of association at home but unions have to organize, they have to get workers to affiliate and they need support as well. If they are to develop and strengthen the workers' organizations and movement again, they are going to need assistance to do it, and I request the Workers’ representatives to support them. Sometimes indeed, we have differences within and between trade union organizations and that can complicate tripartite dialogue and the efforts that we, as constituents in GuineaBissau, and the ILO make to meet our obligations and develop our country.

We have a programme which is under way in Guinea-Bissau at the moment to help us reduce the scale of child labour, which is a real scourge in our country, with the aim of eradicating it entirely.

In conclusion, we want to sort out the situation with respect to minimum wage setting in our country and we hope to make progress over the next year, with ILO support.

Employer members – We have noted with interest the information that was shared by the Government of Guinea-Bissau. This case was previously discussed in the Committee in 2023 and there have been multiple observations involving this case in each of the years from 2019 to 2024. This case involves the application and law and practice of the Convention, in Guinea-Bissau. The Convention is a technical Convention adopted in 1928. The Convention remains one of the most widely ratified ILO Conventions, with 105 ratifications, demonstrating a broad consensus for its mandates and, in our estimation, reflecting the flexibility with which its mandates can be achieved. Guinea-Bissau has ratified 34 Conventions including eight of the ten ILO fundamental Conventions. Although Guinea-Bissau ratified the Convention in 1977, it has not ratified the Minimum Wage Fixing Convention, 1970 (No. 131), which has much broader application. Notably Convention No. 26 was designed to apply to workers in certain sectors where no arrangements exist for the effective regulation of wages by collective agreement or otherwise and wages are exceptionally low. Convention No. 131, by contrast, covers all wage earners and requires the consideration of certain relevant socio-economic factors such as the needs of workers and their families, general wages, the cost of living, social security benefits and the relative living standards of other social groups.

Convention No. 26 instead requires ratifying countries to create or maintain machinery whereby minimum rates of wages can be fixed for workers in those discrete sectors that are covered in Article 1 of the Convention. According to Article 2 of the Convention, ratifying countries shall be free to decide in which trades or parts of trades the minimum wage-fixing machinery shall be applied. The Convention also carries certain consultation requirements.

According to Article 3(2)(1), representatives of the employers and workers concerned, including representatives of their respective organizations, if any, shall be consulted before the minimum wage-fixing machinery is applied in a sector or a part of a sector. Under Article 3(2)(2), the employers and workers concerned shall be associated in the operation of the minimum wage-fixing machinery. Under Article 3(2)(3), minimum wage rates which have to be fixed shall be binding on the employers and the workers concerned.

It is Guinea-Bissau’s failure to set minimum wage-fixing machinery for its private sector that brings us here today. The Employers' group notes that the Committee of Experts has again observed that Guinea-Bissau has not provided any information on the operation of the minimum wage-fixing machinery.

We also note that the Government failed to provide its required report in 2024 and we further note with regret the reports of insufficient consultation and, perhaps most problematically, that a planned ILO mission scheduled for April 2024 was postponed when the Government refused to include the participation of the most representative labour organization in Guinea-Bissau. We further note our trade union colleagues’ reports of violence and threats against workers.

The Government’s compliance with Article 3 of the Convention has stalled for some time. We note that, 14 years ago, a study regarding the development of national minimum wage standards was being finalized. That study, as we understand, was not finalized. We further note that publicly available sources indicate that Guinea-Bissau has fixed the minimum wage for public sector workers, yet notably minimum wages for the private sector were last set over 30 years ago.

Technical assistance has been requested – including today – and has been provided with the exception of the notable example I just mentioned, including in the form of a one-week tripartite workshop in November 2022 and then again in 2023.

Although we can appreciate that making and implementing policy can take time and other resources, and that political and other realities can complicate and delay this already difficult process, we urge the Government to finalize this important work with deliberate speed in consultation with the social partners and without engaging in violence or threats in a manner befitting a sovereign State responsible for its people’s working lives.

The time to finalize this work is now. Under its relatively new Labour Code, in sections 153 and 154, the minimum wage shall be payable to all workers, including rural workers, without distinction based on sex or any other grounds, in an amount fixed annually by the Government after consultation with the social partners.

We look forward to hearing the views of other groups on this case.

Worker members – This is the second time that our Committee is examining the application of the Convention by the Government of Guinea-Bissau. The case was already discussed in this Committee in 2023. Regrettably, we are forced to address this case once again due to the lack of progress.

The facts are very clear. The Convention is a technical Convention on minimum wage-fixing machinery. It was ratified by Guinea-Bissau in 1977. A decree setting the minimum wage was adopted in 1988. Since this date, already 37 years ago, minimum wages have stagnated with no significant modifications, except for a small adjustment for the public sector in 2018, which clearly remains insufficient compared with real prices.

The Committee of Experts has raised several concerns since 2019 on the delay in the readjustment of the minimum wage in the private sector and the failure by the Government to ensure properly functioning wage-fixing machinery in consultation with the representative employers’ and workers’ organizations.

Our discussion in 2023 resulted in clear conclusions that required a review of the minimum wage for the public and private sectors without delay, in accordance with the Convention, the establishment of the minimum wage-fixing machinery in consultation with the social partners with a view to fixing and updating the minimum wage on a regular basis, and the strengthening of social dialogue, including the machinery for consultations with workers’ and employers’ organizations, by ensuring their independence and autonomy in law and practice. This Committee also requested the Government to provide the Committee of Experts with a copy of the promulgated and published version of the new Labour Code. We therefore requested the Government to avail itself of ILO technical assistance in close cooperation with freely established and independent workers’ and employers’ organizations. None of these requests have been addressed.

The report of the Committee of Experts for the Conference in 2024 noted the Government’s indications that the Ministry was working with the social partners and was in the process of recruiting a consultant to conduct a preliminary study and determine the minimum wage criteria, in accordance with section 154 of the Labour Code. We understand that the Government has requested technical assistance but has refused to include the most representative trade union, the National Federation of Workers of Guinea-Bissau – Union Center (UNTG-CS), in the consultations planned, and its Secretary-General, Mr Júlio Mendonça, which constitutes a violation of freedom of association and of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

However, no additional information has been provided since then, and according to the observations of the trade union members, no further progress has been made. Therefore, the minimum wage-fixing machinery is still not operational, and wages continue to decrease.

We express our deep concern at the failure by the Government to comply with the requirements of the Convention and to set up an effective minimum wage-fixing machinery, and a lack of political will to guarantee decent wages for workers. The situation is becoming increasingly unsustainable for workers due to inflation and the rising cost of living, which is pushing them into poverty.

Furthermore, social dialogue continues to be difficult. We are deeply concerned at the continued hostility and attacks by the Government against the country’s independent trade union organization. The representative trade union, the UNTG, continues to be the subject of suspicions and open hostility by the Government.

We recall that, on 4 May 2023, the offices of the UNTG were attacked and forcibly taken over by individuals under the control and direction of the Government with the goal of replacing the democratically elected union leadership with a pro-government leadership. More generally, we are concerned about the current state of democracy, as Parliament has been suspended since December 2023.

Lastly, the Government has completely neglected to provide the information requested on this matter. This lack of reports is worrying. We observe that there are currently 20 outstanding comments by the Committee of Experts on several Conventions, including 11 from last year to which the Government has not replied. It therefore appears that the Government is completely neglecting its obligations to submit reports.

The workers of Guinea-Bissau are facing persistently low wages due to the failure by the Government to comply with the obligations under the Convention to implement minimum wage-fixing machinery. Furthermore, social dialogue continues to be difficult, with pressure put on the UNGT and its legitimate leadership.

We urge the Government to take the necessary measures to readjust the minimum wage for the public and private sectors without delay and with tripartite consultation. We urge the Government to fully recognize the UNTG and its leaders as the most representative trade union and to cease all hostile actions against them, so as to enable them to operate safely and independently as required by ILO standards.

We therefore join the call by the Committee of Experts on the Government to adopt all measures necessary to follow up on the conclusions of the Committee without delay, and to provide detailed information on the measures adopted in that respect.

Interpretation from Portuguese: Worker member, Guinea-Bissau – I am speaking on behalf of two trade union organizations: the UNTG and the General Confederation of Independent Trade Unions – Guinea-Bissau (CGSI-GB). I am the Secretary-General of the UNTG. I am a member of the central committee, which is part of the congress, and we participated in the fifth ordinary congress of the UNGT from 28 to 29 April 2023, and we adopted the decisions taken during the congress by means of a vote. After fulfilling our role, we decided to focus on two matters: firstly, the definition of the minimum wage; and secondly, an increase in the minimum wage for public servants, given that the situation of public servants is particularly drastic in terms of wages.

In 2023, we met on two occasions in the Standing Council to examine the matter under discussion. We furthermore completed work in 2023 through the two meetings that I just mentioned. We also met in 2024 with the trade unions and the Government. When I say trade unions, I am talking about the two trade union organizations that I am representing, the UNTG and the CGSI-GB.

At our last meeting in the Council with these representatives, we attempted to request the Government to take into account the policies of the social partners and the policy of the International Monetary Fund (IMF) and the World Bank. The two trade unions represented tried to reach a consensus with the World Bank and the IMF, with the aim that, by 2026 at the latest, the Government would increase the wages of public servants and that, before this date, there must be a definition of the minimum wage. And we have heard that there has been hostility against the UNTG, but this does not reflect the reality. There is no hostility within the UNGT. We are led by trade unionists. During the fifth congress of this organization, the new Secretary-General was publicly elected. It was following this election that the new Secretary-General took up his duties.

It has been said that there is an absence of dialogue between the social partners. This does not reflect the reality either, at least as far as we can see. When it comes to setting the minimum wage and increasing wages in the public sector, we have always focused on tripartite dialogue between the Government, employers and workers. We have always focused on this forum for consultation, this dialogue, which was absent over the past four years. Before that, between 2017 and 2022, this forum for dialogue did not function. Then, in 2023, when the new leadership assumed its duties, the forum for dialogue resumed and was reactivated. It is important, not only for settling disputes, but also for achieving consensus, in order to achieve social peace and genuinely deliver benefits for workers.

The forum for consultation and social dialogue continues to be operational, and we have forged a dialogue between the Government and the trade union confederations. And it is thanks to this dialogue that we are beginning to achieve results. We were able to reach consensus between the Government and the trade union confederations, in order to, by 2026 at the latest, increase the wages of public servants and determine the minimum wage.

We were also able to achieve the creation of a commission responsible for determining the minimum wage because the cost of living is increasing every day and the wages of public servants are very low. It is therefore essential for the Government to keep its promises and set a national minimum wage.

It should also be noted that there are disparities in the public service sector. On the one hand, there is a wage that has been defined more officially, and, on the other hand, there is a wage that has been defined more informally. Consequently, we consider that it is essential for the Government to assume its responsibilities regarding the fixing of the minimum wage in order to harmonize wages for public sector officials and for the private sector.

There is another essential element that was of concern to us. Here, we are talking about the public service and employees in the private sector. We have spoken about this. However, let us not forget that there are many migrant workers in our country and we therefore request the Government to define a policy on this matter, particularly with the National Social Security Institute.

Furthermore, we consider that it is important to standardize the information that we have on trade unions and employers – I am talking about the Chamber of Commerce – and on the Government, as we are all working towards a consensus for social peace. If there is no social peace, and in the light of the current economic situation, it is quite possible that the interests of workers will be overlooked. Without social peace, we are bound to have employment issues. If there is no production, the output will not match the expectations of workers and employers. Our philosophy is therefore to achieve social peace, to set ourselves the goal of obtaining responsible social dialogue and setting minimum wages for workers in the public and private sectors.

Furthermore, the CGSI-GB is treated unequally. We therefore request that this confederation be treated on an equal footing.

Another important point that we wish to make is that an ILO representative in Dakar in Senegal is interfering in our work and we therefore would like the ILO to ask its representative in Dakar not interfere in the work of trade unions. We have our own standards and do not want this representative to interfere in our internal affairs.

Moreover, it is true that trade union leaders do not have the necessary resources. They must therefore be provided with tools to build their capacities and respond to labour market requirements.

Employer member, Democratic Republic of the Congo – We fully endorse the comments of the Committee of Experts, which require no mitigation with regard to the Government of this sister country, and we vehemently deplore the Government's behaviour, which can be summarized as follows.

Already, the Committee of Experts had noted the discussion in this Committee, in June 2023, on the application of the Convention. In the light of the blatant violation of this Convention, not only Article 1 of the Convention has been violated, but the sister country Guinea-Bissau, which has ratified the Convention, should show its commitment to establishing machinery to set minimum wage rates for workers in sectors where there is no effective system for setting wages and also where wages are exceptionally low. Yet this is not the case. Moreover, in this country, the inflationary circumstances and increased cost of living make socio-economic life unsustainable for workers.

Furthermore, Article 3 of the Convention establishes that each Member which ratifies this Convention shall be free to decide the nature and form of the minimum wage-fixing machinery, and the methods to be followed in its operation. The Government therefore has an obligation, prior to implementing these methods, to consult the employers’ and workers’ representatives, and the representatives of the respective organizations. The employers and workers concerned should participate in the implementation of this minimum wage-fixing machinery. Furthermore, the minimum wage rates set must be mandatory for the employers and workers concerned. However, this is clearly not the case in our sister country. The Government is ignoring the aforementioned obligations under the Convention to which it is bound.

There is a lack of dialogue on this matter. What is more, the Government is using violence and threats against workers.

In this regard, we can share the experience of the Democratic Republic of the Congo, which provided for minimum wage-fixing machinery and the procedures for its application in a strictly tripartite framework, by means of Act No. 015/2002 of 16 October 2002 as amended by Act No. 16/010 of 15 July 2016 issuing the Labour Code, in sections 87, 94, 96 and 97, and bolstered by the Decree of 5 February 2006 establishing the operating procedures of the tripartite commission responsible for following up on the application of the guaranteed inter-occupational minimum wage, which has been amended. Furthermore, it not only adjusted the guaranteed inter-occupational minimum wage, but it also set a new one by means of the Decree of 30 May 2025 in accordance with the wage-fixing machinery provided for by our legislation. It therefore must be said that, in the Democratic Republic of the Congo, social dialogue is a living reality.

To conclude, we urge Guinea-Bissau, our sister country, to:

• accept assistance from the ILO to ensure genuine capacity-building for the tripartite constituents, especially regarding social dialogue. The Director-General of the ILO made a point of this at a recent Employers’ group meeting;
• establish the minimum wage-fixing machinery in close consultation with the social partners;
• review the minimum wage for both the public and private sectors.

Interpretation from Portuguese: Worker member, Portugal – I am speaking on behalf of the Confederation of Trade Unions of Portuguese-speaking Countries. We will begin by stating that this is a matter that we are discussing yet again, and we reiterate that the legitimate representatives of the UNGT have not been accredited by the Government as representatives at this Conference. Furthermore, the Government has still not taken any action to set a minimum wage that also applies to the private sector. The last time that this matter was discussed, in addition to setting minimum wages in consultation with the social partners, the Government was requested to strengthen social dialogue.

Regarding the increase in the minimum wage, the rise in the cost of living, inflation and the increase in the price of essential goods, it is now more urgent than ever to set a minimum wage. It is therefore incomprehensible that, since 1988, 37 years ago, the minimum wage has not been updated for the private sector, and the increase in the public sector is insufficient. Guinea-Bissau has ratified this Convention but has repeatedly failed to comply with it. Guaranteeing a minimum wage that enables the workers of Guinea-Bissau to meet their basic needs is essential.

As recognized by the acquis of the ILO, that is, the Declaration of Philadelphia, the minimum wage guarantees the participation of all in the progress of a country. It is for this reason that the minimum wage is essential for a fair distribution of wealth and the eradication of poverty.

According to recent reports received on wages, Guinea-Bissau is a low-income country. For example, between 2010 and 2019, the minimum wage in Guinea-Bissau decreased by 1.6 per cent, while productivity increased, clearly indicating that the wealth generated by workers is being confiscated and does not go to the majority of the population.

It is impossible to further strengthen social dialogue unless the UNGT’s claims are taken into account. The UNGT, as we have already stated, has been attacked and has not been included or recognized at this Conference.

As we said the last time that we were in this Committee, when this matter was addressed, the UNTG was invaded and occupied, and many of its members were persecuted and prevented from acting.

In recent years, we have witnessed persecution against the UNGT. The workers of Guinea-Bissau are therefore fighting for the improvement of their living standards and wages, while the Government is hindering the functioning of trade unions. We need to demand that the Government ensure that trade unions are able to freely determine their functioning and have sufficient freedom to act, and that their interests are defended.

In addition to the need to submit reports and information on the policies developed, we consider that it is urgent for the Government to set a minimum wage for all sectors, including the private sector, to ensure a genuine minimum wage increase that guarantees improved living conditions, and to respect the legitimately elected leadership of the UNTG, of which Júlio Mendonça is the Secretary-General, thereby complying with ILO standards and respecting the right of organizations to establish their bodies themselves.

Worker member, Botswana – I would like to express my deep concern regarding the failure by the Government to submit a report to the Committee of Experts. The failure undermines the work of the supervisory system.

Article 2 of the Convention provides that there be social dialogue and/or meaningful consultations with social partners before the minimum wage-fixing machinery is set in operation. Article 3 provides for equality within the machinery as the laws of the country may determine and, lastly, that the minimum wages set, be communicated to the parties and shall be binding. Very fundamental to this Convention is the redress where one has been wronged in terms of Article 4. All these Articles clearly demonstrate the importance of having a minimum wage-setting machinery in operation in a particular country. Ratifying this Convention in 1977, the Government of Guinea-Bissau was committing to ensuring that the rights in the Convention will be enjoyed by all workers. Sadly, this has never seen the light of the day.

We want to point out and emphasize that the transposition of Conventions into national legislation can only exist and function where there are proper legislation structures or bodies. And supreme to these structures in a democratic society, is parliament. In a representative democracy, parliament is bestowed with this responsibility to legislate in the interest of the citizens including the workers.

We note with regret the suspension of Parliament in Guinea-Bissau, in May of 2022, which was further extended in December of 2023 to date. The absence of Parliament further complicates and/or rather renders the processes of legislation non-existent in Guinea-Bissau. If this is not rectified, the workers of Guinea-Bissau will continue to suffer the effects of not having such a minimum wage machinery as there is no legislature at the moment. The Committee on Freedom of Association has pronounced that a system of democracy is fundamental for the free exercise of trade unions’ rights. This Committee must call for the return of democracy in Guinea-Bissau to facilitate the establishment of a machinery for minimum wage fixing.

The Committee of Experts has pointed out the devastating effects of the absence of a minimum wage-fixing machinery as they are observed by the International Trade Union Confederation (ITUC) in their report, and they need not to be overemphasized.

The Committee of Experts’ report further makes reference to the observed threats and use of violence on workers by the Government, on top of rising food prices and cost of living. These are far from being synonymous with democracy or any democratic society. All these are also exacerbated by the attitude of Government towards social dialogue and tripartite consultations, as once again observed by the ITUC. The Government continues to interfere in the affairs of the most representative workers’ federation, the UNTG, by refusing to recognize its leadership despite a court order that ruled in its favour.

We therefore urge and encourage the Government to rectify these situations and to ensure the return of Parliament and allow it to carry its full legislative mandate. This, in our view, will kick-start a fresh opening for legislation not only for the minimum wage-fixing machinery but for any other legislation that may be beneficial to the workers of Guinea-Bissau.

Government member, Eswatini – In June 2023, the Committee urged the Government of Guinea-Bissau to, among other things, ”review the minimum wage for the public and private sectors without delay, in consultation with the social partners, in accordance with the Convention”. The Committee further urged the Government to “strengthen social dialogue, including the machinery for consultations with workers’ and employers’ organizations, by ensuring their independence and autonomy in law and practice”. The Committee requested emphatically that the Government must consult and cooperate with freely established and independent workers’ and employers’ organizations, to ensure full compliance with the Convention.

There could be no genuine national tripartite consultation in an environment that is repressive and oppressive against independent trade unions. The right of workers’ organizations to elect their own representatives freely is an indispensable condition for them to be able to act in full freedom and to promote effectively the interests of their members. For this right to be fully acknowledged, it is essential that the public authorities refrain from any intervention which might impair the exercise of this right, whether it be in determining the conditions of eligibility of leaders or in conducting the elections for trade union leaders.

The reports of government interference in the leadership succession of the UNTG-CS points to a Government hell bent on choosing “sweetheart” trade union leaders. The legitimate leaders of the UNTG-CS were removed and are barred from accessing their offices by the security forces. The government supporters are illegally occupying the offices. The Committee on Freedom of Association requested the Government to take necessary steps to return the offices of the UNTG-CS to its legitimate leaders and to provide information on the follow-up given to the legal action brought by them. The Government remains defiant.

The setting of the minimum wages in consultation with freely established independent trade unions remain stalled.

To address these violations, we call on the Government to:

• 1. Protect union autonomy: publicly denounce and investigate government interference in union activities, such as the 2023 UNTG-CS office seizure, and uphold court rulings supporting legitimate union leadership.
• 2. Engage in dialogue: establish functional collective bargaining mechanisms, such as revitalizing the Standing Council on Social Cooperation, to address wage and working condition disputes.

Interpretation from Portuguese: Worker member, Spain – I am speaking on behalf of the Galician Inter-Union Confederation, which is part of the Confederation of Trade Unions of Portuguese-speaking Countries, to demand respect for the labour rights of workers in Guinea-Bissau, and of trade unionists such as Mr Mendonça.

Only two years ago, the Government was the subject of discussion in this Committee due to its failure to comply with the Convention, which Guinea-Bissau ratified in 1977. However, in the meantime, it has not taken into consideration the conclusions and requests of this Committee, with regard to the review of the national minimum wage, which has not been updated since 1988, consultation with the social partners and the cessation of repressive measures against those exercising their legitimate right to protest in response to this unjust situation.

We are talking about wages that have not been updated in the last 37 years, with neither increases nor decreases. This has occurred against a backdrop of an increased cost of living and inflation exacerbated by the changes to the country’s economy brought about by the adoption of the CFA franc as the official currency. This monetary system aimed at controlling the African colonies, which has been further reinforced by the changes in the world situation since the 1970s, with African countries encouraged to take on more debt, and following the imposition of the IMF’s structural adjustment programmes.

It is of the utmost importance to periodically adjust minimum wages to ensure that workers have a decent standard of living. As a result of this failure to comply, the data from Guinea-Bissau are truly concerning: 69 per cent of the population live below the poverty line; only 0.9 per cent receive at least one social protection benefit in the form of social assistance or social security; school enrolment and literacy figures remain precarious; and the minimum wage is among the lowest in the world, together with that of other African countries. This situation is taking place in a continental context in which, far from having set in motion a fair process of redress for Africa, neocolonial policies are being revived, and the plundering of African resources, the exploitation of cheap labour and the constant attacks on the sovereignty of their populations continue, regardless of the violation of their rights, as reflected in the recent report by the Office of the High Commissioner for Human Rights following a session held between 28 April and 9 May 2025.

According to international organizations, Guinea-Bissau, which was formerly the Kingdom of Kaabu, is one of the poorest countries in the world. Since its independence led by Amílcar Cabral, it has been the victim of major political and economic instability, plagued by conflict and coups d’état, which have hindered its development and democratic consolidation.

In the light of recent events, there does not seem to have been any positive change at the hands of the country’s authorities for now. The extensive training of which the current President boasts he received in several countries, including Spain, may have been effective in military matters, but not in terms of democratic values and human rights, as demonstrated by his decision to dissolve parliament, which is the legitimate representation of the population, in December 2023, and by the lack of a government programme or general state budget, in addition to all the repressive measures recently applied, with threats, violent attacks against protesters, arbitrary arrests and torture.

We therefore request this Committee to take the necessary measures to put an end to the repeated non-compliance by the Government, and to call for it to implement measures to decide the nature and form of the minimum wage-fixing machinery, and the methods to be followed for its application, with due consultation of the social partners. We also call for the cessation of repressive measures regarding the ILO Conventions and Guinea-Bissau’s national legislation, as provided for in the Freedom of Association Act, the Right to Strike Act and the legislation on the right to assemble and to protest.

Worker member, Nigeria – I am the Secretary-General of the Trade Union Congress of Nigeria and I speak on behalf of workers from West Africa under the umbrella of the Organisation of Trade Unions of West Africa (OTUWA). We appreciate the report of the Committee of Experts on this Convention. We wish to say that Guinea-Bissau is not alone in its situation of lacking a national minimum wage-fixing machinery. Therefore, we view the discussion of this Convention as an opportunity for GuineaBissau to make progress on this issue and for other economies, as members of this vital Organization, to learn from it, and also from some African countries like, Nigeria, my country.

We recognize and appreciate the importance of a minimum wage as a safeguard against wage poverty. No doubt, workers in Guinea-Bissau need the protection of a minimum wage as a safeguard against the exacerbation of rising poverty, occasioned by high unemployment and underemployment, as well as rising inflation, where the absence of minimum wage-setting machinery in Guinea-Bissau has increased the chances of workers being put back into poverty and hopelessness.

Guinea-Bissau, with a GDP per capita income of US$494 and an informal sector accounting for over 70 per cent of economic activity, faces structural challenges. They are compounded by political instability, weak adherence to the rule of law and the lack of statutory wage-setting machinery, especially for private sector workers.

In such a context, poverty alleviation becomes elusive. Wages serve as the first line of social protection, more so in communal societies like Guinea-Bissau, where a single income often supports an average of six dependants. Nigeria’s experience is instructive, although inflation has significantly eroded the real value of our minimum wage.

However, the existence of a national minimum wage-fixing mechanism allows for institutional responses to labour market pressure.

Trade unions have successfully negotiated a reduction in the statutory wage review period from five years to three years in Nigeria, helping to mitigate inflationary impact on workers’ earnings.

We urge the Government to move beyond the reoccurring excuse of awaiting consultancy reports and instead take decisive steps to adopt and adapt proven approaches already within its reach.

Similarly, the absence of the right to organize, collective bargaining and structured social dialogue in Guinea-Bissau continues to erode the space and ambience for development of a fair and decent national minimum wage.

A good wage regime is an incentive to boost good work harmony and increase the morale and productivity of workers.

Additionally, it will guarantee wages and stimulate consumption and encourage investors to undertake production, leading to hiring of more hands in the production process.

The direct and indirect socio-economic benefit of a national minimum wage should not be reduced to a narrow and pedestrian analysis of increases in production costs but instead should be viewed as a production boosting mechanism. We therefore urge the Government to develop a pragmatic action plan within a timeline towards the development of an establishment of a national minimum wage-fixing machinery. Considering that wages were last reviewed 37 years ago, the fact that the Government is defying this Committee’s conclusions is unacceptable.

As a result of the attack on trade union leaders, the wage-fixing machinery system has collapsed in Guinea-Bissau. This situation is unacceptable to all workers and needs to be addressed urgently.

Finally, I urge this honourable Committee to place the Government under a special paragraph.

Interpretation from Portuguese: Observer, International Trade Union Confederation (ITUC) – In 2023, the Committee examined for the first time the non-compliance of the Government of Guinea-Bissau with the Convention, ratified in 1977, with the last revision of the minimum wage introduced in 1988, through Decree No. 17 of 4 April.

However, the country adopted a new Labour Code through Act No. 7/2022 of 18 July, section 154 of which requires the executive authorities to set the wage at the national level in close cooperation with the social partners.

This legal requirement has not been given effect as private sector workers and retirees from the public administration receive remuneration that is never above €30 a month, which is less than the cost of 50 kilograms of rice, a staple food for the population.

The Labour Code requires effective collaboration with the social partners, yet this has not been the case, even though private sector wages are rarely above €30 a month, which is not enough to buy 50 kilograms of rice, the staple food of the population. Therefore, it has been 37 years since we last set a minimum wage. And since 2023, the recommendations of the Committee have not been implemented. The Government has received technical assistance, but it has not been taken into account.

Subsequently, in October 2024, the Committee on Freedom of Association, in Case No. 3448, continued to refer to this lack of a mechanism for workers, which calls into question the openness of social dialogue. Given this violation of trade union rights, as workers’ representatives, we have no choice but to continue to exert pressure, since, as the legitimate representatives of workers, we cannot abandon our demands. Priority must be given to dialogue with the social partners, and there must be no threat of persecution against trade union leaders, in violation of Act No. 8/91 of 3 October and Convention No. 87, which was ratified in 2023. A case in point: the Government, through the Ministry of the Interior, raided the offices of our trade union federation, showing no respect for the union offices, in particular that of the Secretary-General, and changed the locks to prevent us from having access to our offices, and replaced us with persons who do not recognize our leaders or our federation. Even after a final court ruling recognizing and legitimizing us as the representatives of the UNTG-CS and the workers of Guinea-Bissau, the executive authorities have still not seen fit to return our headquarters to us. Thus, in an attempt to silence us, the Government violated the principles established in Act No. 9/91 of 3 October by blocking the payment to workers of several months’ wages. There was also a violation of Act No. 3/92 to prevent us from participating in peaceful demonstrations.

The Government prevents such demonstrations by resorting to arbitrary detention and the torture of demonstrators, trade union leaders, and members of civil society, as was the case most recently on 25 May of this year. Parliament has not been functioning for two years, and the Government has not adopted any legal instrument to protect workers. As a result, we are suffering under extremely high living costs, and politicians are disregarding all this hardship.

Every year we submit complaints to the Credentials Committee regarding our exclusion from the Conference delegation, but these have never had any effect, despite all our efforts. Nevertheless, we reaffirm our determination to pursue the struggle and continue to count on your support.

None of the recommendations that were made have been taken into account. We therefore request that a special paragraph be included on Guinea-Bissau to address all these forms of oppression.

Interpretation from Portuguese: Government representative – It is the second time that the Guinea-Bissau Government is in this plenary to speak about the Convention. In June 2023, we discussed the Convention here in the Committee. And after that debate, the Government did not sit idly by. The Government received the recommendations and moved forward towards compliance and implementing the recommendations. In July 2023, the Government addressed a formal request to the ILO for technical assistance in the indication of a consultant for a study with a view to updating the minimum wage in the private sector.

While Guinea-Bissau, at the moment, does not have a functioning legislative body, which is the National People’s Assembly, it is interested in aligning itself with the guidelines of the ILO, so much so that it worked together with the consultant, with the representative organizations of the workers and with the representative organization of the employers.

We take note of the observations that we heard and want to highlight the following.

The Government does not interfere in trade union affairs. The Government noted that there is an internal issue of leadership within the UNTGCS, and this was overcome, and it was communicated to us by the General Secretariat of the UNTG-CS. They are our partners, so much so that we met with the representatives and the members of the UNTG-CS. Perhaps Mr Júlio Mendonça, as was mentioned earlier, has not participated in the meetings, but his comrades, colleagues of the union, have participated in several meetings with the Government, in which the social front, which is a new structure that agglomerates the unions of the education sector and the health sector, has also participated.

In regard to the violation of the right to strike and freedom of association, GuineaBissau ratified Convention No. 87. This shows it has interest in ensuring workers’ right to freedom of association.

The Labour Code also gives protection to freedom of association.

Many collective bargaining agreements in various economic sectors were reached. Since 2023, when the case of Guinea-Bissau was discussed, the Government has strengthened social dialogue, including the consultation mechanisms with the organizations of workers and employers, ensuring their independence and autonomy in law and practice.

There are two major trade unions in Guinea-Bissau that should be referenced. There is the UNTG-CS, which is the oldest, because it was the first to be created, but there is another one, which is the CGSI-GB, which many times has suffered discriminatory treatment in some activities that are carried out, in which they are not taken into account. The Government, in all its activities, invites both the UNTG and the CGSI-GB to be represented.

The Committee of Experts also requested a copy of the Labour Code, which was promptly sent in June 2023, with the Government’s request for assistance with the dissemination of the Code. This shows that the country is engaged, but the changes, the policies and their implementation are not made overnight. It is a process.

Two years ago, Guinea-Bissau was here to discuss this case. In fact, it is to be lamented that we took almost 40 years to discuss the update of the minimum wage, which was set in 1988. We are working, we are engaged, as I said.

We set social dialogue as a pillar for our Government, and we reached several agreements preventing strikes, mainly in the area of health and in the area of education. We are committed to workers’ working conditions and their safety.

The minimum wage system in Guinea-Bissau, as was referenced by several speakers, goes back to 1988. Since then, there was no update and we are working on it. The report made by the specialist, has already been taken up by the Government and presented to the social partners. There were consultations with the social partners and their involvement in this work.

In March 2021, through Decree No. 01/2001, the Government created the Standing Council on Social Cooperation. In other words, it institutionalized social dialogue and the permanent consultation between the Government and the main organizations of workers and employers in the country, always mentioning the UNTG and the CGSI-GB. The Council’s competencies include consultation on matters of labour policies, including the resolution of conflicts, to allow for indispensable structural changes to the modernization of our economy, which can thus be carried out in a concerted manner, in order to contribute to the definition and implementation of the socio-economic policies of the country.

The objective of this Standing Council on Social Cooperation is to promote and ensure that the voice of the interested parties, that is, of the organizations of employers and workers, is heard by the Government before the decisions are taken.

It is recommended that the definition of the new minimum wage, after the study that we carried out, cover, on the one hand, the needs of workers and their families, and on the other hand, the sustainability of the private sector.

If the minimum wage can contribute to the protection of the most vulnerable workers and to the fight against poverty, it would be counterproductive to establish a floor that goes beyond the payment capacity of the private and public sectors, as underlined in the Declaration of Philadelphia of 1944.

The Government has no problem with the UNTG-CS. In fact, in my first intervention, I requested the support of the UNTG-CS to help us overcome this problem that we see in the country. They are our partners, they are partners of development, they are partners that we want to work with.

It was said that the workers are persecuted in Guinea-Bissau. This does not correspond to the truth. The workers of Guinea-Bissau thought that they could strike and continue to receive their full salary.

The right to strike is a right that they have, but the employer also has the right to deduct the payment for the strike day. The union has to have a mechanism to be able to compensate for the strike day.

So, what happened is that the unions would strike and considered that they had the right to receive the full salary, which did not happen. They saw it as a form of repression by the Government, which is not true, as it is the law.

The absence is considered justified, but the Government cannot finance this. There is, at the moment, in Guinea-Bissau, a strike in the sectors of education and health. We are negotiating, there was even an intervention from the President of the Republic himself to try to have some social peace, because only with social peace can we create conditions for development, for the workers to work, for stability, for us to be able to advance. We ask the unions, the representatives of the workers, to have an open dialogue with the Government, and the employers too, so that we can see what is our reality, and within what is our reality, build bridges for us to be able to build and rebuild our country, which is a country that is already suffering, it is a country that, since its independence, has gone through consistent cycles of instability.

Indeed, Guinea-Bissau is interested in moving forward; we have the approved study, and we want to be able to make a simultaneous update of the private and public sector minimum wages, because the minimum wage value is extremely low. But we also have to acknowledge that Guinea-Bissau has an almost non-existent business sector.

So, we have to create conditions to improve the development of the country itself so that we can have salaries that can be at the same level as in other parts of the globe. But the Government reiterates its commitment, and I firmly believe that we will not go back to GuineaBissau being a case of discussion in this Committee about the Convention because we are aware that that this need is imperative.

We are operating with the expectation to hold elections at the end of the year, to have the legislative body in full operation so that we can have conditions to advance.

Worker members – We reiterate our concern about the Government’s persistent non-compliance with the requirements of the Convention by failing to establish effective minimum wage-fixing machinery and readjust minimum wage levels to ensure decent wages for its population. Concrete government action is long overdue. The Government must demonstrate its commitment to the principles and procedures established in the Convention. It is clear that no progress has been made since 2023.

The Government must urgently set up and maintain a proper mechanism to fix, regularly review and readjust minimum wages.

In accordance with Article 3 of the Convention, employers’ and workers’ representatives must be consulted before the machinery is applied and be associated in its operation, and a legitimate and freely elected representation of workers must be guaranteed in this process.

We note with regret that the interests of workers are being legitimately represented in neither Guinea-Bissau nor this Conference. We observe that the Worker member who spoke for Guinea-Bissau was not the true representative of workers in the country. We furthermore regret his attacks against the role of the ILO which is carrying out its mission in accordance with the standards established by this Organization.

We inform this Committee, once again, that the Worker members filed a claim before the Credentials Committee against the Government for interference in the nomination of genuine Workers’ delegates to the Conference.

We also refer to the 408th Report of the Committee on Freedom of Association, which was issued in October 2024, and which states: “the Committee expects that the Government will adopt the necessary measures to afford the leaders elected during the 2022 UNTG-CS congress full freedom to exercise their functions without any interference by the authorities”.

We therefore urge the Government to immediately cease its attacks against the UNGT and ensure that the UNTG and its legitimate leaders are able to fully and independently participate in social dialogue and be included in consultations on the operation of the minimum wage-fixing machinery.

The situation is serious and urgent.

We reiterate the request of the Committee on Freedom of Association for the Government to immediately adopt all necessary measures to follow up on the conclusions of this Committee without delay.

This means, firstly, reviewing the minimum wage for both the public and private sectors without delay, in accordance with the Convention.

Secondly, the Government must establish the minimum wage-fixing machinery in consultation with the social partners, with the aim of setting and regularly updating the minimum wage.

Thirdly and lastly, the Government must strengthen social dialogue, including the machinery for consultations with workers’ and employers’ organizations, by ensuring their independence and autonomy in law and practice.

The Government is also requested to provide detailed information on the measures adopted in this respect, including on the tripartite consultations that have taken place on the minimum wage.

In the light of the Government’s failure to address the Committee of Experts’ comments and to comply with the requests stemming from this Committee’s conclusions in 2023, as well as the worrying situation concerning social dialogue and the independence of trade unions, we strongly urge the Government to accept a high-level tripartite mission and to provide information to the Committee of Experts, by 1 September 2025 at the latest, on the measures adopted to implement the recommendations issued by our Committee.

We furthermore request the Government to fully respond to the various further requests made by the Committee of Experts that have not yet been addressed.

Employer members – The Employer members would like to thank all the speakers who have taken the floor. We also thank the Government for the information it has provided.

The Employer members wish to again urge Guinea-Bissau to finalize – pursuant to Article 3 of the Convention – the minimum wage-fixing machinery for its private sector. We have heard the plea of the Government here that more businesses participate in its formal economy.

The Employer members welcome that kind invitation and note that one effective manner to persuade businesses to participate in a formal economy is to develop and implement clear and predictable legal regimes, including those that flow from the Convention.

After full consideration of the comments made today and that were made previously as part of this record, we respectfully request that the Government:

• take the necessary measures to complete the machinery for fixing minimum wages in line with Articles 2 and 3 of the Convention;
• communicate, in line with Article 5 of the Convention, on the trades or parts of trades in which the minimum wage-fixing machinery has been applied, indicating the methods as well as the results of the application of the machinery, and the approximate number of workers covered; and
• engage in meaningful and constructive social dialogue and cooperate with the social partners on these issues now and indefinitely into the future.

We trust that the Government will implement such recommendations in a timely manner to achieve full compliance with the Convention.

Conclusions of the Committee

The Committee took note of the oral information provided by the Government and the discussion that followed.

The Committee deplored the fact that two years after concerns were raised regarding violent attacks against and intimidation of the independent trade unions, nothing has been done to address those concerns, noting that such attacks undermine the obligation and meaning of consultations under the Convention.

Taking into account the discussion, the Committee requested the Government, in consultation with the social partners, to take effective and time-bound measures to:

• guarantee, without further delay, the independence of the trade unions to enable them genuinely and effectively to represent their members;
• review the minimum wage for both the public and private sectors without further delay in accordance with the Convention;
• establish the minimum wage fixing machinery in order to fix and update the minimum wage on a regular basis;
• strengthen social dialogue, including the machinery for consultations with workers’ and employers’ organizations, by ensuring their independence and autonomy in law and practice;
• provide detailed statistical and other information on the measures taken in this regard, including on the tripartite consultations that have taken place on the minimum wage.

The Committee requested the Government to avail itself of technical assistance from the ILO and to provide a detailed report on the measures taken to implement the above recommendations in line with the Convention by 1 September 2025.

Individual Case (CAS) - Discussion: 2023, Publication: 111st ILC session (2023)

Discussion by the Committee

Chairperson – Let us start our discussion with the case of Guinea-Bissau on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26). I invite the Government representative of Guinea-Bissau, the Director-General of Labour, to take the floor.

Interpretation from Portuguese: Government representative – It is a great honour for me to speak to you as the representative of the Government of Guinea-Bissau. Thank you for giving me the opportunity to express Guinea-Bissau’s gratitude to the ILO.

One of the objectives of the United Nations (UN) 2030 Agenda for Sustainable Development which Guinea-Bissau endorses is sustainable economic growth, with full, productive and decent employment for all. To achieve sustainable development, economic growth must go hand in hand with the promotion of decent work. Unfortunately, all over the world, there are cases of forced labour, in particular child labour, as well as situations of precarious work, in particular for immigrants.

Employment is not always stable or decent, quite the contrary. Employment often takes place in poverty. Decent work presupposes the creation of equal opportunities for men, women, young persons and persons living with disabilities. So that they can fulfil themselves in productive work with fair pay, with the possibility for them and their families to be protected, and to have prospects for personal development, they must have the freedom to express their concerns and aspirations. Today, it is true that we cannot promote strong, durable and inclusive economic growth if we do not work on improving the labour situation and the living conditions of our workers, and if we do not provide them with subsistence guarantees, in particular when they lack resources or are unable to work.

The Government of Guinea-Bissau is fully committed to promoting decent work. We are one of the signatory States of the Cotonou Agreement on trade and labour standards for productive, secure, high-quality and inclusive employment in order to create conducive conditions for better economic growth in the country. From this perspective we have implemented a large number of projects. We are implementing the economic and social policies adopted by our Government, which aim to create equal, dignified opportunities for the whole active population in order to combat child labour and create fair conditions of pay. Moreover, the country is focusing on a whole set of measures to be adopted.

With regard to international labour standards, the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), is one of the milestones that we have recorded. We are also planning to ratify other Conventions.

A new Labour Code was adopted in 2021 and promulgated by the President of the Republic in 2022, with ILO support. All reports for Guinea-Bissau for 2021–22 have been submitted. They were presented within the deadlines and we also caught up where there had been delays. Furthermore, we recently held a tripartite workshop in which we addressed the subject of international labour standards.

With regard to the minimum wage, in 2021 we set up a multidisciplinary commission composed of trade union representatives with the particular mandate to identify issues relating to inflation and the minimum wage. This commission has been unable to meet, but we have taken a number of measures through the reform of the Labour Code in the context of which we have established rules for fixing the minimum wage. This is a priority for the Government of Guinea-Bissau. It is about fixing a minimum wage for the private sector, a minimum wage which has not been updated since 1988 and which was fixed in the old currency. We are talking about a wage of about one euro at that time. And now Guinea-Bissau is asking the ILO to provide the necessary technical assistance to determine a minimum wage in conformity with the Convention. This is one of our Government’s priorities. It is true that we have technical and financial limitations because, in order to fix a minimum wage, a study has to be conducted. Moreover, a multidisciplinary working group needs to be set up again, composed of representatives of the Government, the employers, the workers and civil society, in which all issues relating to the minimum wage can be discussed. Guinea-Bissau has established a council on social cooperation in which, precisely, this kind of subject can be discussed. The Standing Council on Social Cooperation is chaired by the Prime Minister. Other ministers who have social portfolios also form part of the Council, as do representatives of the employers and workers. Civil society is also represented. Indeed, it might be the appropriate forum for discussing the minimum wage since the fact that we have not yet fixed any minimum wage creates precarious conditions and divergences, meaning that the employer has some room to manoeuvre in evaluating the performance and value of employees’ work. We are aware of these problems. We are also aware that we cannot get there on our own. The Government of Guinea-Bissau therefore requests ILO support once again. The ILO should identify Guinea-Bissau as a priority country, or a country of prime need, if you like, so that we can fix a minimum wage, as we have done in the context of other projects supported by the ILO. In this regard, the Decent Work Country Programme (DWCP) is being undermined because we lack resources. We lack possibilities to preserve the dignity of the workers, even though that is something that means a lot to us.

In Guinea-Bissau, we fully endorse the values of the ILO. We have a work agenda which comprises a number of activities on which we wish to make progress, for the protection of workers, in particular wage protection in both the public and private sectors. Regarding the public sector, we have fixed a minimum wage of 50,000 CFA francs. So a minimum wage does exist in the public service since there are indicators which enable us to determine it.

But we still need support from the ILO, especially with regard to training and the acquisition of skills for the trade unions and the representatives of the employers. In fact, we need a reliable analysis of the value of the work done by the workers of Guinea-Bissau. We also need to draw up indicators, and in this way we will also be able to fix a minimum wage for the private sector.

With regard to supporting the acquisition and development of skills, I repeat that we need help. We have conducted a study, or rather we need to conduct a study, to have a clear understanding of the economic environment of our country and a better understanding of how to fix wages so as to guarantee decent work and decent wages for our workers.

Employer members – The Employer members thank the Government of Guinea-Bissau for the information provided. This case involves the application in law and practice of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), in Guinea-Bissau. The Convention is a technical Convention, adopted in 1928 with an interim status. The Convention remains one of the most widely ratified ILO Conventions, with 105 ratifications. Guinea-Bissau has ratified 32 Conventions, including seven out of the ten ILO fundamental Conventions. In particular, this Convention was ratified by Guinea-Bissau after the State gained its independence. Ratification dates to February 1977. On the contrary, Guinea-Bissau has not ratified the Minimum Wage Fixing Convention, 1970 (No. 131), which has a more extensive scope of application.

This is the first time the case is discussed by the Committee. However, we note that the Committee of Experts has delivered observations on Guinea-Bissau’s implementation of the Convention in 2019, repeated in 2020, 2021 and 2022.

The main obligation under the Convention is to establish and maintain machinery for fixing minimum wages for workers employed in certain trades or parts of trades in which no arrangements exist for the effective regulation of wages and wages are exceptionally low. According to Article 2, Members which have ratified this Convention shall be free to decide in which trades or parts of trades the minimum wage fixing machinery referred to in Article 1 shall be applied. According to Article 3(2)(1), representatives of the employers and workers concerned, including representatives of their respective organizations, if any, shall be consulted before the minimum wage fixing machinery is applied in a sector or part of a sector. Under Article 3(2)(2), the employers and workers concerned shall be associated in the operation of the minimum wage fixing machinery. Under Article 3(2)(3), minimum rates of wages which have been fixed shall be binding on the employers and workers concerned.

We note that the Committee of Experts’ basis for its observation on Guinea-Bissau and the Convention is that, despite repeated observations, Guinea-Bissau has not provided any information on the operation of the minimum wage fixing machinery. Based on the information presented to the Committee of Experts, the minimum wage in the private sector is fixed by Decree No. 17/88 of 4 April 1988. The legal basis for the 1988 Decree is the General Labour Act of Guinea-Bissau, Act. No. 2 of 1986. The Labour Code of 1986, sections 110 and 114, provide a legal basis for fixing a minimum wage by decree.

From the information provided by the Government, the Employer members take note that the 2011 report indicated that a study on setting national minimum wages was being finalized. The Employer members also take note of the information provided by the Government regarding the new Labour Code adopted by the Peoples’ National Assembly in July 2021. Under the new Labour Code, sections 153 and 154, the minimum wage shall be payable to all workers, including rural workers, without distinction based on sex or any other grounds, in an amount fixed annually by the Government, after consultation with the social partners.

The Employer members note that the Government of Guinea-Bissau – despite the observations from the Committee of Experts over the years – has not provided any information as to when machinery for fixing minimum wages in accordance with Articles 2 and 3 of the Convention will be in place. Publicly available sources indicate that the country has a fixed minimum wage for employees operating in the civil service. However, the most recent Decree fixing minimum wages for the private sector is now more than 30 years old and seems clearly outdated.

The Employer members take note of the new Labour Code adopted by Parliament in 2021 and promulgated in July 2022. Following the Government’s request for ILO technical assistance to raise awareness of the content of the new Labour Code, a one-week tripartite workshop was organized in November 2022 for this purpose. ILO technical assistance has also been provided in 2023, and a joint mission by the ILO and the Economic Community of West African States is set to take place in the second half of 2023. The Employer members are confident that these various means of assistance will contribute positively to addressing the issues in this case.

The Employer members are well aware of the instability in Guinea-Bissau in recent years but would also stress the impact caused by food prices being driven up. The Employer members take note of the proposal of 2021 on a multidisciplinary commission, set up after consultation with the workers’ and employers’ representative organizations. The Employer members refer to the Committee of Expert’s invitation to the Government to provide information, in particular on the commission’s composition and functioning.

To conclude, the Employer members invite the Government to consider the following. Firstly, the Employer members ask the Government to continue working with the most representative employers’ and workers’ organizations, as well as the ILO through its technical assistance, to ensure that the minimum wage fixing machinery is in accordance with Articles 2 and 3 of the Convention. Secondly, the Employer members ask the Government to provide information, in line with Article 5 of the Convention, on the trades or parts of trades in which the minimum wage fixing machinery has been applied, indicating the methods as well as the results of the application of the machinery, and on the approximate numbers of workers covered

Worker members – This is the first time that the Committee examines the application of Convention No. 26, by the Government of Guinea-Bissau. We note that Guinea-Bissau ratified the Convention in 1977 and that the Committee of Experts has issued four consecutive observations since 2019 showing increasing concern at the stagnation of minimum wages in the country and the failure of the Government to remedy the situation. The main concerns raised by the Committee of Experts pertain to the long overdue readjustment of the minimum wage in the private sector and the failure of the Government to properly operate minimum wage fixing machinery in consultation with the representative organizations of employers and workers.

In Guinea-Bissau, the latest decree fixing the minimum wage was adopted in 1988. For the past 35 years, the minimum wage for the private sector has stagnated at 29,000 CFA francs, which is US$48 per month. For reference, the cost of a basic food basket is around 14,000 CFA francs, and that is US$23. In the public sector, the minimum wage was last raised in 2018 to 50,000 CFA francs (US$82). However, significant implementation gaps persist as the Government and public authorities have accrued wage arrears of up to nine months and still have not made good on their many commitments to clear the debt and pay outstanding wages. The situation is simply untenable for workers as they face rising costs of living and inflation. Nearly 70 per cent of the population of the country live below the poverty line and on 28 January 2021 the Government further aggravated the cost-of-living situation by increasing taxes on goods and services by more than 100 per cent. The price of most basic commodities sharply rose to unaffordable levels.

Despite the repeated calls of the Committee of Experts since 1989 to date, the Government of Guinea-Bissau has not conducted the promised study on the readjustment of the national minimum wage in the private sector. In its 2021 report, the Government referred to a Prime Minister’s Ordinance of 9 June 2021, which established a multidisciplinary commission including trade union representatives to conduct an analysis of the current level of inflation and to propose a national minimum wage. In 2022, the Government failed to report any new information in this regard. We are bound to note that two years after the setting up of this commission, the Government has yet to take any steps to seek its recommendations and to finally raise the minimum wages in the country. We express our deep concern at the failure of the Government to comply with the requirements of the Convention and to set up effective machinery for minimum wage fixing, and at the lack of political willingness to ensure adequate living wages for workers.

We recall that pursuant to Article 1 of the Convention, Member States undertake to create or maintain machinery whereby minimum rates of wages can be fixed. The Government’s persistent failure to readjust wages has serious implications for the private sector workers in Guinea-Bissau. Even during the COVID–19 pandemic, workers of Guinea-Bissau received no financial assistance from the Government to mitigate the economic hardships caused by the pandemic. At the time, the National Union of Workers of Guinea-Bissau (UNTG–CS) tried to engage the Government but faced refusal from the Government to negotiate. In response, the union called for strikes demanding a living wage. The Government responded by resorting to violence, beatings of demonstrators and issuing of death threats. We deplore that the Government of Guinea-Bissau has shown only disregard for social dialogue and tripartite consultations and lately has engaged in outright interference with workers’ genuine representation, contrary to the spirit and purpose of Article 2 of the Convention.

Freedom of association and protection for genuine workers’ and employers’ organizations are fundamental to meet obligations under the Convention. Regrettably, we report to this Committee that, on 4 May 2023, the offices of the UNTG–CS were attacked and forcibly taken over by individuals under the control and direction of the Government with the goal of replacing the democratically elected union leadership, including Júlio António Mendonça, with pro-government leadership. The perpetrators of this takeover hoped to then clone the union, in order to engage in cosmetic negotiations with the Government in a self-serving manner. This undermines genuine representation of workers’ interests and removes all meaning from the obligation to consult with workers’ and employers’ organizations under the Convention. There can be no genuine consultation with representatives who have not been freely chosen by workers and employers respectively.

We are deeply concerned by the recent hostility and attacks of the Government against the independent umbrella trade union organization of the country, especially given the Government’s stated intention to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), shortly. We recall that, under Article 3(2)(1) of Convention No. 26, the employers and workers concerned shall be associated in the operation of the minimum wage fixing machinery. Since 1988, the minimum wage has not been reviewed and when workers pressed by the increasing cost of living and inflation exercised their right to strike to demand a change, the Government decided to basically take over the leadership of the union. In view of the time elapsed since the last review of the minimum wage, the discrepancy between the rising cost of living and the low levels of the minimum wage and the attacks on the genuine trade union leadership of the most representative umbrella trade union organization, we call on the Government of Guinea-Bissau to take the necessary measures to readjust the minimum wage for the private and public sectors without any further delay, in consultation with the genuine leadership of the UNTG–CS. To that end, the Government must immediately cease its attacks against the UNTG–CS and ensure that the union’s offices are returned to the leadership and that they can operate in their offices in safety

Worker member, Botswana – Please note that the Commonwealth Trade Union Group (CTUG) and the Southern Africa Trade Union Coordination Council (SATUCC) align themselves with this statement. The Committee of Experts has recalled that the last time the Government of Guinea-Bissau fixed an updated minimum wage for the private sector was in 1988, some 35 years ago. This has continued in violation of applicable laws and despite the proposals put forth by the President of the Republic in 2021 during his Ordinance. The Committee of Experts has repeatedly requested information from the Government to no avail.

We reiterate our recognition of the fact that “[m]inimum wage fixing should constitute one element in a policy designed to overcome poverty and to ensure the satisfaction of the needs of all workers and their families.” This means that the setting of a minimum wage by a country, though not effective as a stand-alone, is an important component necessary for ensuring that workers receive equal wages for work of equal value which accords them dignity and safeguards their welfare and well-being. Evidently, failure to design and implement robust minimum wages machinery puts workers at risk, undermines effective implementation and encourages informality.

It is important that we keep recognizing the adverse effects of insufficient implementation of the agreed minimum wages on workers, their families and their jobs since there is an established link between wages and mental health. I repeat, there is an established link between wages and mental health.

During the past three years, the triple crisis adversely triggered and exacerbated inflation with dire consequences for wage earners. It is periods such as this that one expects responsible and responsive governments to consider economic and social protection measures and adoption of suitable minimum wages, among other measures.

To close, achievement of a just and equitable distribution of the fruits of progress to all is possible in Guinea-Bissau. However, this is dependent on regular, consistent review and fixing of minimum wages to ensure achievement of equal pay for work of equal value, and it also depends on protection of labour rights. This will also reduce inequality within and among African countries as espoused by the Sustainable Development Goals (SDGs). We call on the Government of Guinea-Bissau to effectively deploy the tripartite structures in line with the Committee of Experts’ request, and fix an updated minimum wage for the private sector.

Worker member, Uruguay – Firstly, we note with deep regret that the authorities of Guinea-Bissau have not taken account of what the Committee of Experts has requested. It is an extremely serious matter that the minimum wage in the private sector has not been adjusted since 1988 and that also, as has been said here, there are other problems, particularly in the public sector and in education, which go beyond the discussion that we are having in the Conference Committee today. Just as serious is the fact that there are ILO Member States which, having ratified the Convention which obliges them to establish or maintain machinery for fixing wages for men and women workers, they are subsequently unwilling to comply with the standards of this Organization. The Declaration of Philadelphia incorporated the guarantee of an adequate living wage and considered that this is one of the relevant elements when ensuring a just share of the fruits of progress to all workers. Thus, the purpose of a minimum living wage, by definition, is to provide wage protection to guarantee income enabling workers to live with dignity and to meet their living needs through the sale of their labour.

It is essential that the Government adopts the necessary measures that make it possible to establish updated minimum wages for the private sector as part of its policies to combat inequality and poverty, as well as gender gaps, through the promotion of collective bargaining and full compliance with the Convention. We welcome the proposals put forward by the Government in this Committee and also what has been shared by the Employers. Indeed, we would like the machinery, the forms and the construction of agreements and consensus to be found which will make it possible not only to comply with the provisions of the Convention but also to contribute towards changing a situation which is having a harsh impact on men and women workers in Guinea-Bissau.

Interpretation from Portuguese: Worker member, Portugal – The Workers’ Commissions of Spain (CCOO) align themselves with this statement. The Committee of Experts confirms that it has been many years since there has been any improvement in the minimum wage. The representative organizations presented proposals for an increase and in 2019 a Memorandum of Understanding on increasing the minimum wage in a commission was abolished by the Government.

We know that the situation of the workers in Guinea-Bissau is getting worse every day, with very low wages and no fixing of minimum wages – a vital element for a fair distribution of wealth and for eradicating poverty.

The increase in the cost of basic goods and the cost of living in general means that the workers’ proposals are being ignored and there is a lack of dialogue. The UNTG is promoting protests, demonstrations and strikes with the purpose of having their claims for an increase in the minimum wage taken into consideration.

As a result, there are attacks against demonstrators, they are beaten up, union premises are invaded, and the activity of the trade union leaders is prohibited. However, we know that the trade union leaders must be able to freely choose their activities and their officers, and enjoy freedom of action and activity in defence of their interests. Even so, these rights to freedom of association are under attack. Apart from the fact that no minimum wage has been fixed, the right to strike and the right to freedom of association are being challenged. We therefore appeal for freedom of association and the right to strike to be guaranteed for the UNTG, led by Júlio Mendonça, so that they can address the problems of the Guinean workers.

Interpretation from Portuguese: Another Worker member, Portugal – In my statement on behalf of the Confederation of Trade Unions of the Portuguese-Speaking Countries (CSPLP), I would like to draw attention to the importance of data and reports. The Labour Statistics Convention, 1985 (No. 160), underlines the importance of the quality of the production of statistics in order to make informed policy decisions, emphasizing the need for countries to be able to study and implement robust statistical systems that cover a whole spectrum of information on the world of work, including employment levels, unemployment rates, wages and conditions of work, among others. These are data which enable policymakers to monitor progress, identify disparities and design action to be taken in relation to the labour market on the basis of empirical evidence.

How can claims be made to support the UN 2030 Agenda for Sustainable Development if there is no recourse to quality statistical data? How can the social partners perform their role if they do not have updated, reliable statistics?

We understand that the process of data collection, its analysis and dissemination can entail difficulties, but it is extremely important to involve the social partners in the decision-making process, while it is also important that there is respect for the autonomy of the social partners, who on no account can be influenced in their activity.

We urge the Government to draw up quality statistical information and to present reports regularly so that public policies and programmes can be designed and implemented to promote productive employment for all with equal opportunities, thereby creating the conditions for fairer, more inclusive economic development which leaves nobody behind.

Worker member, Nigeria – I represent the Trade Union Congress of Nigeria and the ITUC. I wish to state that Article 1 of the Convention is explicit that a national minimum wage be put in place where no arrangement exists for the effective regulation of wages by collective agreement or otherwise and wages are exceptionally low. The notion contained in this Article applies to the current situation in Guinea- Bissau, with a very high informal economy and private sector workers without a regulated minimum wage. We all know that a minimum wage is a wage anchor to help prevent salaries from falling below a certain level. It can also serve as a voice for union workers and seek to protect vulnerable workers.

Equally important is Article 2 of the Convention, which talks about consultation with the workers’ and employers’ organizations in the development and conclusion of the minimum wage. The Convention also prescribes that the consultation must be done under conducive arrangements. Sadly, in Guinea-Bissau the Government is openly facilitating and supervising the disruption and forceful takeover of the UNTG-CS, the country’s only national trade union centre. In May, a group of faceless people were supported by the police to take over the office premises of the UNTG-CS in a coup-like manner. To further confirm, the executive actively supported this illegal and criminal action. The President received the leaders of this faceless group in an official photo session at the President’s office.

It is therefore impossible to have a sincere and fruitful consultation under such conditions. We have it on firm and credible authority, such as that of ITUC-Africa, that the legitimate and recognized leadership of the UNTG-CS is the one led by comrade Júlio António Mendonça as Secretary-General.

ITUC-Africa, which visited Guinea-Bissau from 17 to 19 May 2023, can confirm that the duly elected and legitimate group is led by comrade Mendonça, which was also confirmed by the employers’ federation of that country, which they also visited. Therefore, this Committee must call on the Government of Guinea-Bissau to do the needful by ensuring that the legitimate and democratic leadership of the UNTG-CS led by Júlio António Mendonça is recognized, and work with the process of setting up national minimum wage fixing machinery without further delay.

Article 4(1) of this Convention also prescribes that, with regard to the minimum wage fixing machinery to be established, each Member State must take the necessary measures, by way of 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.

We note that Guinea-Bissau currently needs supervision and sanction provisions in the national minimum-wage development process. The non-existence of these provisions partly accounts for the reasons behind the prevalence of non-compliance with the existing minimum wage, which needs to be reviewed upward immediately. Where there are no supervision and sanctions, impunity and disregard for human dignity prevails. Sanctions must be swift, smart and decisive to enhance compliance. Sanctions must not be seen as a slap on the wrist and a light-weight prescription.

Finally, Article 5 prescribes the annual reporting of the application of this Convention to the ILO. The ILO Constitution and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) corroborate that reporting to the ILO must be done in full and genuine consultation with social partners, as a product of social dialogue. In a situation where a government is openly compromising and undermining this process, through interference with the administration and the officials of the organization of social partners, such a government would be most unlikely to include social partners in the reporting process.

We ask this honourable Committee to walk with Guinea-Bissau through the provisions of the necessary support to improve the viability of the national minimum wage fixing machinery.

Interpretation from Portuguese: Worker member, Brazil – In recent years we have noted the information from the Committee of Experts regarding Guinea-Bissau and the Convention. What is striking is the Committee of Experts’ indication that since Decree No. 17/88 fixed the value of the minimum wage, it has never been updated, which is an unprecedented situation.

Sections 153 and 154 of the new Labour Code provide that the minimum wage must cover all workers – including rural workers, without any distinction on the basis of sex or any other grounds – and that the Government must fix this increase after holding consultations with the social partners. This, precisely, has not been happening for most workers in Guinea-Bissau since 1988, with the exception of those in the public administration. The Committee of Experts, in its 2021 report, indicates that between 2012 and 2017 the minimum wage did increase in the public sector as a result of the Government’s measures. However, this implies that for all other workers the minimum wage remains unchanged.

In its current report, the Committee of Experts notes with regret that the Government does not provide information on adjusting the minimum wage. If we reflect for a moment that, according to the Minimum Wage Fixing Convention, 1970 (No. 131), the fixing of minimum wages, especially in developing countries, means that States must take account of the needs of workers and their families, what can we say about the living and working conditions of those who have not had that wage adjustment for 35 years? Recently, the authentic trade unions were evicted from their premises, resulting in major difficulties in negotiating wages, and this is creating worse conditions of work and obstructing the union leadership’s freedom of association and freedom to conduct its activities.

It therefore seems obvious to emphasize that we cannot speak of dignified and decent work in the country and that this case is extremely serious. Hence we urge the Government to provide information on wage conditions in relation to living conditions and to rectify this situation as a matter of urgency, and to guarantee full freedom of association in the country.

Worker member, New Zealand – I note in the Committee of Experts’ report that minimum wages in Guinea-Bissau for the private sector were last reviewed in 1988, some 35 years ago. I am really alarmed by the Government’s failure to periodically review its workers’ minimum wages.

I would like to share with you some measures taken by my Government and its social partners to improve New Zealand’s minimum wages. New Zealand introduced fair pay agreement legislation last October and this applies to all or any industry or occupational group. This law was the product of tripartite negotiations between the social partners in a working party that ultimately led to this new law. The bargaining brings together nominated representatives of employers and unions and, under certain circumstances, a determination may fix the terms of the agreement. At the conclusion of bargaining, the fair pay agreement becomes secondary legislation, and enforceable as such. The fair pay agreement is an additional set of rules that does not detract from the individual or collective agreements that apply to workers and their employers in enterprises but addresses the needs of occupations or industries by the businesses and workers engaged in those occupations or industries.

While in its early stages, this Law has generated a number of initiations to bargain by unions and three of these have been validated and approved by our Government agency for bargaining to begin.

I want to refer to one of these, which has been initiated and approved to cover security guards in an occupation-based fair pay agreement. This has the support of not only the 1,200 guards who signed up to initiate the fair pay agreement but also the primary body representing employers, the New Zealand Security Association.

The two key bargaining parties, E tū Union and the New Zealand Security Association, have agreed that pay rates, training, and health and safety are the three priorities for a new occupation-based collective agreement. This reflects the common interest of both parties to see an industry standard in security that supports quality jobs, stability of the workforce, and a better environment for business. Businesses benefit because fair pay agreements stop the race to the bottom inherent in the contracting for services. That drives down terms and conditions of employment for workers and ultimately benefits no one.

This new step of introducing fair pay agreements to improve collective bargaining and labour standards for occupations and industries was not without controversy, but it is clear as seen in the security example, that the new Law has employers and unions collaborating for the benefit of the industry as a whole. This has the potential to create a new, progressive and collaborative era of industrial relations in a country where this has not been the norm.

I would encourage the Government of Guinea-Bissau to see New Zealand as an example of a new and positive model of tripartism in employment relations where setting standards through statutory minimum wage rates, supplemented by regulated industry bargaining, such as our secondary legislation of fair pay agreements, is an option that benefits all the social partners, businesses and the economy.

Interpretation from Portuguese: Observer, International Trade Union Confederation (ITUC) – I would like to thank the African Regional Organisation of the International Trade Union Confederation (ITUC–Africa), the ITUC as a whole, the ILO management and specifically the Bureau for Workers’ Activities (ACTRAV) for all they have done for the workers in Guinea-Bissau. Today is a special day for my trade union organization, the UNTG, and especially for the workers who were martyrs for the homeland of Amílcar Cabral and great combatants for its freedom.

The subject that I have the pleasure to address is the situation regarding the application of the Convention, which provides for the national minimum wage and was ratified in 1977, three years after our independence. In 1988, the authorities established the national minimum wage, via Decree No. 17/88 of 4 April 1988, at 15,000 Guinean pesos, about 230 CFA francs.

It is important to emphasize that the minimum wage has not been updated for workers in the private sector. It is also important to note that unionization in the private sector is very low, even now, especially because of the severe crackdown on the exercise of freedom of association and the practice of collective bargaining.

In 1997, our country joined the West African Economic and Monetary Union (WAEMU) and adopted the CFA franc as its currency, nine years after adopting the minimum wage of GAF15,000 Guinean pesos. This has remained unchanged, and workers in the private sector still feel abandoned in the face of rampant inflation and the cost of living.

In 2016, our organization, the UNTG-CS, began to reform its leadership and in December 2017 the “transformation of the union paradigm” took place in the leadership of our federation. We elected new leaders, we began a campaign to gain labour rights and defend the legitimate interests of the workers with various demands. Our federation managed to convince the Government of that time to adjust wages in the public service so that public sector officials would receive a minimum wage of 50,000 CFA francs, compared to the previous 29,000 CFA francs. Various governments promised to determine a new national minimum wage and hence to promote a review of Decree No. 17/88, which was already obsolete, and thereby reduce the suffering of private sector workers, but the Government never kept its promise. We are concerned and sad at the suffering and difficulties faced by the workers of Guinea-Bissau. As legitimate representatives empowered by the votes given to us by the workers, we feel obliged to take action with them in the strategic sphere and increase the pressure on successive Governments so that the obligation to determine the national minimum wage is fulfilled and the undertaking made by the State as a result of ratifying the Convention in 1977 is taken into account.

When a Government passes legislation to fix a monthly allowance for the President of the Republic of 50,000,000 CFA francs and a daily entitlement to 650,000 CFA francs for foreign travel, what really strikes us is that the Government does not think of the suffering of the workers or of the people. Today, a 50-kilo sack of rice, a basic foodstuff, costs 50 per cent of the public service minimum wage. Worst of all, the Government approves all kinds of benefits, subsidies and advantages for its representatives, but it is more difficult for the workers and for the people.

During the COVID-19 pandemic, everybody faced a financial crisis, especially the workers and the enterprises. This resulted in the loss of thousands of jobs, and the Government, instead of giving support and subsidies to the enterprises affected, imposed additional taxes, introduced a democratic tax, and increased prices for subsistence products for the population. Today there is an urgent need to restructure the national minimum wage in view of the serious socio-economic situation faced by the communities and the workers. Clearly it is necessary to establish minimum wage fixing machinery and we ask this Committee to put pressure on the Government to ensure the effective application of the Convention.

Interpretation from Portuguese: Government representative – I would like to reiterate that although Guinea-Bissau has ratified Convention No. 26, we have not yet been able to update the minimum wage because of political and institutional issues facing the country.

With regard to social dialogue, Guinea-Bissau has made a lot of progress. The Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), has just been ratified. The ratification process for this Convention had been going on for 30 years. Finally we have been able to move forward and deposit the instrument of ratification with the ILO. This shows the Government’s commitment, and the fact that we want to breathe fresh life into our relations with the workers and the enterprises, and also enhance dignity for the workers.

Guinea-Bissau is a responsible State. From the time that we ratify a Convention, we feel the responsibility for implementing the Convention in question. We are aware of this and we are taking measures through social dialogue.

With regard to fixing the national minimum wage, this is a subject of frequent active discussion within the Government, and we also discuss it with the social partners through consultations. As Director-General of Labour, I myself have convened meetings with representatives of the unions, in particular the UNTG. We met each other and we indicated that the Government wished to move forward with regard to (the)application of the Convention.

We have begun to define a path towards fixing a minimum wage. Meetings have also taken place with representatives of the employers. All these meetings have made it possible to define activities which will enable us to take measures with ILO technical assistance. Perhaps we will also be able to count on other ILO Member States for financial support, because we need financial resources to carry out this reform.

Guinea-Bissau is a developing country. It is a country which has to face many limitations and restrictions which hold us back in our work. We have listened carefully to the social partners, we have listened carefully to the unions. We take them seriously and we know that, if we do not listen to our social partners, we will be unable to take any decisions since it is they who convey the workers’ situation. We will not be able to meet the needs of the workers if we do not listen to them.

With regard to determining the minimum wage, meetings have taken place. We showed that we wished to continue moving forward. It is true that the minimum wage as currently defined dates back to 1988. But a political and social analysis of the country is needed to understand clearly why this whole process has stagnated. Even so, in the last three years we have taken measures and shown the Government’s commitment. One example of that is the reform of the Labour Code. We had a general labour law which went back 30 years and which need(s) to be updated to better reflect what is happening in the world of work. The Government took the initiative and worked for the adoption of the new Labour Code. This is clear evidence of our commitment and investment. We care about our workers, since the Government itself is composed of workers.

We have plans to ratify other Conventions. We wish to establish dignified and decent work, in particular through the ratification of Conventions and through fixing the minimum wage, which clearly constitutes a guarantee for the workers. We reiterate once again that we would like Guinea-Bissau to have priority status for obtaining technical assistance from the ILO, so that we can move forward and achieve conformity with the Convention.

I would like to say to you that Guinea-Bissau is a small country. Our population is not large and most workers are in the public sector. The State is the biggest employer in Guinea-Bissau and that is why we have focused on workers in that sector. We need to understand better how the enterprises operate before fixing a minimum wage in the private sector. There is a need to understand our situation clearly. Fixing the minimum wage in Guinea-Bissau presupposes a rigorous study. It is not enough for the Government to fix the amount of the minimum wage for the private sector. There is a need for general consultations which are open and comprehensive, as was the case when we discussed the Labour Code. It was a very inclusive discussion. The ILO provided support at the time we were drawing up our Labour Code. And at that time we gave thought to the minimum wage, since a section of the Labour Code stipulates the manner in which the minimum wage should be fixed. This work must be done now for determining the minimum wage in the private sector. The Government of Guinea-Bissau is fully committed to this, and the workers and employers of Guinea-Bissau must help us too. But we need technical and financial assistance.

We are fully open to any kinds of assistance that you might be able to offer us to enable us to come into line with the Convention because the fact that there is no minimum wage in the private sector also creates obstacles in other areas, such as social security. It creates problems in that workers live increasingly in precarious conditions. The employers are now relatively free to fix their wages, which also increases the risk of precarious situations. So a study would be needed to fix the minimum wage in the private sector and perhaps the minimum wage in the public service should be used as a reference point.

As regards tripartite social dialogue, this is in our interests, and we have shown this clearly since we have established the Standing Council on Social Cooperation. This demonstrates clearly that we are fully invested in social dialogue. Meetings are convened according to needs that emerge in our country. There are many challenges, but we have a lot of willpower, and the determination of the Government of Guinea-Bissau is unwavering.

We thank the ILO for its solidarity with our country. The ILO has already seen that we are worthy of confidence since we have adopted measures. Our approach is one of total commitment, and our interests are at stake. We have made progress with our legislation, we have engaged more fully with the ILO by fulfilling our reporting obligations, by implementing activities for combating child labour, by developing the DWCP. This commitment is also reflected in our wish to ratify the fundamental Conventions on occupational safety and health. These elements all show that the welfare of the workers in Guinea-Bissau is very important to us because if we failed to attach value to work, we would be going nowhere.

Chairperson – Thank you very much to you and your delegation for participating in the work of this Committee, and for sharing detailed information and your perspective.

Worker members – We thank the Government of Guinea-Bissau for the information it provided. We reiterate our concern regarding the persistent failure of the Government to comply with the requirements of the Convention to set up effective machinery for minimum wage fixing and to readjust the minimum wage levels so as to ensure an adequate living wage for its population. In a(the) context of rising costs of living and inflation, minimum wage levels have remained shockingly low in Guinea-Bissau and do not allow workers to provide for their needs and the needs of their families.

We recall the importance of regularly readjusting minimum wage rates so as to guarantee workers a decent standard of living. If rates are not adjusted, the minimum wage fixing system will be reduced to a mere formality and will no longer be effective at all as a means of combating poverty or as a means of social protection.

Concrete Government action is long overdue. The Government of Guinea-Bissau must demonstrate its commitment to the principles and processes set out in the Convention. To that end, the Government must set up and maintain a proper mechanism to fix, regularly review and readjust minimum wages. In accordance with Article 3 of the Convention, workers’ and employers’ representatives must be consulted before the machinery is applied and shall be associated with the operation of the machinery. Genuine and freely chosen representation of workers must be ensured in this process.

We regret to note that workers’ interests are not genuinely represented in Guinea-Bissau and at this Conference. We inform this Committee that the Worker members have submitted a claim to the Credentials Committee against the Government of Guinea-Bissau for interference in the nomination of genuine Workers’ delegates to the Conference.

We further took note of the Government’s intention to convene a multidisciplinary commission composed of the Prime Minister and other ministers, and representatives of employers, workers and civil society. We must insist on the tripartite character of the minimum wage fixing machinery, as envisaged in the Convention. Civil society organizations have no place in the process, and we urge the Government to refrain from such interference in tripartite social dialogue.

We urge the Government to immediately cease its attacks against the UNTG-CS, and to ensure its full participation and consultation in the operation of the minimum wage fixing mechanism. We also urge the Government of Guinea-Bissau to seek ILO technical assistance to address these major failings in their application of the Convention. Given the failure of the Government to address the comments of the Committee of Experts since 2019, we urge the Government to accept a direct contacts mission.

Employer members – The Employer members thank the various speakers who took the floor and most notably the oral information provided by the Government of Guinea-Bissau.

Once again, the Employer members emphasize the importance of progress and momentum in Guinea-Bissau’s efforts to obtain a machinery to fix minimum wages in the private sector under sections 153 and 154 of the new Labour Code, in line with the Convention. The Employers reiterate the Committee of Experts’ call for a timely response on the observations put forward since 2019. The Employer members note that the new Labour Code has been adopted by Parliament and that promulgation has taken place. The Employer members invite the Government to continue working with its social partners when harmonizing national laws with the Convention.

After considering the discussion, we request the Government to, first, take the necessary measures to bring the machinery for fixing minimum wages in line with Articles 2 and 3 of the Convention; and secondly, communicate in line with Article 5 of the Convention on the trades or parts of trades in which the minimum wage- fixing machinery has been applied, indicating the methods as well as the results of the application of the machinery, and the approximate number of workers covered.

Conclusions of the Committee

The Committee took note of the oral information provided by the Government and the discussion that followed.

Despite some steps taken to adjust the national minimum wage, the Committee regretted that it has still not been fixed and that the minimum wage has not been revised since 1988.

Taking into account the discussion, the Committee calls upon the Government, in consultation with the social partners, to:

- review the minimum wage for the public and private sectors without delay in accordance with the Convention; and

- establish the minimum wage fixing machinery in consultation with the social partners with a view to fixing and updating the minimum wage on a regular basis in accordance with the Convention.

- The Committee also requests the Government to:

- strengthen social dialogue, including the machinery for consultations with workers’ and employers’ organizations, by ensuring their independence and autonomy in law and practice; and

- provide to the Committee of Experts a copy of the promulgated and published version of the new Labour Code.

The Committee requests the Government to avail itself of ILO technical assistance in close cooperation with freely established and independent workers’ and employers’ organizations to ensure full compliance with the Convention and to transmit a report on progress made to the Committee of Experts by 1 September 2023.

Interpretation from Portuguese: Government representative – We listened attentively in this ILO forum to the various observations made yesterday on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), by Guinea-Bissau in the private sector.

It is true that Decree No. 17/88 of 4 April 1988 has been in force for 35 years, not 35 months, 35 days or 35 seconds, and that is justification for updating it. This is why, as the head of the Government delegation of Guinea-Bissau has explained, the Government of my country is working on updating it with the involvement of the social partners so that nobody is excluded. Despite the obsolete nature of this Decree, no employer applies the wage level established in the(this) legislation. Even though the legislative text has not been updated, the labour inspectorate, in its enterprise inspections, has assumed an important role in informing and guiding the employers so that they apply minimum wages in enterprises which are well placed in terms of payment of wages.

We have duly taken account of the recommendations of the Committee of Experts regarding the updating of wages and, as indicated yesterday by the head of the delegation, we request ILO technical assistance in the area of fixing the minimum wage.

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

The Committee notes the observations of the National Union of Workers of Guinea-Bissau – Union Center (UNTG-CS) received on 19 April 2025, the International Organisation of Employers (IOE), received on 1 September 2025, the International Trade Union Confederation (ITUC), received on 2 September 2025 and the African Regional Organization of the International Trade Union Confederation (ITUC-Africa) received on 11 September 2025.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113 th Session, June 2025)

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. The Committee notes the discussion that took place in the Conference Committee in June 2025 concerning the application of the Convention and the fact that the case had already been discussed in the Conference Committee in 2023. It notes that the Conference Committee requested the Government, in consultation with the social partners, to take effective and time-bound measures to: (i) guarantee, without further delay, the independence of the trade unions to enable them genuinely and effectively to represent their members; (ii) review the minimum wage for both the public and private sectors without further delay in accordance with the Convention; (iii) establish the minimum wage fixing machinery in order to fix and update the minimum wage on a regular basis; (iv) strengthen social dialogue, including the machinery for consultations with workers’ and employers’ organizations, by ensuring their independence and autonomy in law and practice; and (v) provide detailed statistical and other information on the measures taken in this regard, including on the tripartite consultations that have taken place on the minimum wage. The Conference Committee also requested the Government to avail itself of the technical assistance of the ILO.

The Committee notes with deep regret that the Government’s reports of 2024 and 2025 have not been received. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office in this regard.

The Committee notes with regret that, in its observations, the ITUC indicates that: (i) since 1988 when a decree setting the minimum wage was adopted, minimum wages have stagnated without significant adaptations, except for a small adjustment for the public sector in 2018 which is insufficient compared with real prices; (ii) the Government has refused to include the UNTG-CS – the most representative trade union in the country – in the planned consultations, or its Secretary-General, which violates Article 2 of the Convention; (iii) the minimum wage-setting mechanism is not yet in operation and wages continue to decline; (iv) the situation is becoming increasingly unsustainable for workers due to inflation and the rising cost of living, pushing them into poverty; (v) there is a persistent lack of social dialogue and independent trade union organizations are under attack; and (vi) the representative trade union, the UNTG-CS, continues to be the subject of suspicion and open hostility from the Government. The Committee also notes that the ITUC-Africa stresses that over 50 per cent of the population in the country is below the poverty line and that wages are stagnant. It also notes that for its part, the UNTG-CS states that the Government did not follow the 2023 Conference Committee’s recommendations in a context in which the cost of living significantly increased with the rapid acceleration of inflation and wages did not move.

Moreover, the Committee notes that in its observations, the IOE hopes that progress will be made in the application of the Convention in line with the Conference Committee’s conclusions and in close consultation with the most representative employers’ organization in Guinea-Bissau.

The Committee also notes with regret that the consultations which were to be held in April 2024 with the technical assistance of the ILO could not take place due to the Government’s refusal to allow the UNTG-CS to participate in them. Based on the above information, the Committee deplores the lack of progress made regarding the setting of the minimum wage-fixing machinery and its application in consultation with the most representative organizations. The Committee therefore once again urges the Government to take all necessary measures to follow up on the conclusions of the Conference Committee without delay. It requests the Government to provide detailed information on the measures taken in this regard, including on the tripartite consultations that have taken place on the minimum wage.

[The Government is asked to reply in full to the present comments in 2027.]

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) and the International Organisation of Employers (IOE), received on 1 September 2023.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 111th Session, June 2023)

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. The Committee notes the discussion that took place in the Conference Committee on the Application of Standards (hereinafter the “Conference Committee”) in June 2023 concerning the application of the Convention. It notes that the Conference Committee requested the Government: (i) to review the minimum wage for the public and private sectors without delay, in consultation with the social partners, in accordance with the Convention; (ii) to establish the minimum wage-fixing machinery in consultation with the social partners with a view to fixing and updating the minimum wage on a regular basis in accordance with the Convention; (iii) to strengthen social dialogue, including the machinery for consultations with workers’ and employers’ organizations, by ensuring their independence and autonomy in law and practice; and (iv) to provide to the Committee of Experts a copy of the promulgated and published version of the new Labour Code. The Conference Committee also requested the Government to avail itself of ILO technical assistance, in close cooperation with freely established and independent workers’ and employers’ organizations, to ensure full compliance with the Convention.

The Committee notes with regret that, according to the Government’s report, a new minimum wage for the private sector has not yet been set. The Government nevertheless indicates that the Ministry is working with the social partners and is in the process of recruiting a consultant to conduct a preliminary study and determine the minimum wage criteria, in accordance with section 154 of the Labour Code. The Committee notes that, according to the ITUC’s observations, the situation due to inflation and the rising cost of living has become unsustainable for workers. The ITUC also deplores the Government’s attitude to social dialogue and tripartite consultations, mentioning the Government’s use of violence and threats against workers. The Committee notes that the IOE also stresses the impact of rising food prices, urging the Government to take the necessary measures to bring the minimum-wage fixing machinery into line with the Convention, in close consultation with the social partners. The Committee therefore urges the Government to take all necessary measures to follow up on the conclusions of the Conference Committee without delay. It requests the Government to provide detailed information on the measures taken in this regard, including on the tripartite consultations that have taken place on the minimum wage.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) and the International Organisation of Employers (IOE), received on 1 September 2023.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 111th Session, June 2023)

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. The Committee notes the discussion that took place in the Conference Committee on the Application of Standards (hereinafter the “Conference Committee”) in June 2023 concerning the application of the Convention. It notes that the Conference Committee requested the Government: (i) to review the minimum wage for the public and private sectors without delay, in consultation with the social partners, in accordance with the Convention; (ii) to establish the minimum wage-fixing machinery in consultation with the social partners with a view to fixing and updating the minimum wage on a regular basis in accordance with the Convention; (iii) to strengthen social dialogue, including the machinery for consultations with workers’ and employers’ organizations, by ensuring their independence and autonomy in law and practice; and (iv) to provide to the Committee of Experts a copy of the promulgated and published version of the new Labour Code. The Conference Committee also requested the Government to avail itself of ILO technical assistance, in close cooperation with freely established and independent workers’ and employers’ organizations, to ensure full compliance with the Convention.

The Committee notes with regret that, according to the Government’s report, a new minimum wage for the private sector has not yet been set. The Government nevertheless indicates that the Ministry is working with the social partners and is in the process of recruiting a consultant to conduct a preliminary study and determine the minimum wage criteria, in accordance with section 154 of the Labour Code. The Committee notes that, according to the ITUC’s observations, the situation due to inflation and the rising cost of living has become unsustainable for workers. The ITUC also deplores the Government’s attitude to social dialogue and tripartite consultations, mentioning the Government’s use of violence and threats against workers. The Committee notes that the IOE also stresses the impact of rising food prices, urging the Government to take the necessary measures to bring the minimum-wage fixing machinery into line with the Convention, in close consultation with the social partners. The Committee therefore urges the Government to take all necessary measures to follow up on the conclusions of the Conference Committee without delay. It requests the Government to provide detailed information on the measures taken in this regard, including on the tripartite consultations that have taken place on the minimum wage.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. With regard to its previous comment, the Committee notes with regret that the Government's report does not contain any new information in this respect and that a new updated minimum wage for the private sector has still not been fixed. Recalling that the minimum wage in the private sector has not been readjusted since 1988, the Committee once again requests the Government to take the necessary measures to fix an updated minimum wage for the private sector as soon as possible, on the basis of the proposals of the multidisciplinary commission established by the Prime Minister's Ordinance of 9 June 2021, after consultation with the workers' and employers' representative organizations, in application of the legislation in force. The Committee also requests the Government to provide information in this regard, in particular on the commission’s composition, functioning, meetings and results.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Legislative developments. The Committee notes the inclusion, in the Government’s report, of a copy of the new Labour Code, adopted by the Peoples’ National Assembly in July 2021. The Committee also notes that sections 153 and 154 of the copy of the new Labour Code provide, among other matters, that the minimum wage shall be payable to all workers, including rural workers, without distinction based on sex or any other grounds, in an amount fixed annually by the Government, after consultation with the social partners. The Government indicates that after its promulgation, the new Labour Code will revoke the General Labour Act No. 2/86. The Committee requests the Government to provide a copy of the promulgated and published version of the new Labour Code.

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. In its previous comments, noting that the latest decree fixing the minimum wage had been adopted in 1988 (Decree No. 17/88 of 4 April 1988), the Committee requested the Government to adopt the necessary measures without delay to fix the minimum wage in application of sections 110 and 114 of the General Labour Act No. 2/86, and to provide information on any examination of the matter and on consultations held with the social partners. The Committee notes the Government’s indication that Decree No. 17/88 has been subject to successive amendments. The Committee also notes the Government’s indication that in 2012 and 2017 the minimum wage in the public service was readjusted by government ordinance. The Committee observes, with regard to the categories included in the application of Decree No. 17/88, which exclude the public service, that the Government makes no reference to ordinances recently fixing new minimum wage rates. The Committee further notes the Government’s indication that no examination on the fixing of the national minimum wage rate has been undertaken to date, but that the Prime Minister’s Ordinance of 9 June 2021 established a multidisciplinary commission, including trade union representatives, to conduct an analysis of the current level of inflation and to propose a national minimum wage. The Committee strongly hopes that the Government will take the necessary measures, based on proposals from the abovementioned commission, to fix an updated minimum wage as soon as possible, after consultation with the representative organizations of employers and workers, in application of the legislation in force. The Committee requests the Government to provide information in this regard.

[The Government is asked to reply in full to the present comments in 2022.]

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. In its previous comments, the Committee recalled that the most recent decree fixing the minimum wage pursuant to sections 110 and 114 of the Labour Code was adopted in 1988 and that it was outdated. Noting that the Government indicated in its 2011 report that a study on the setting of a national minimum wage was being finalized, it requested the Government to provide information on any progress achieved in that regard. The Committee notes with regret that a new decree fixing the minimum wage has still not been adopted. It notes that the Government refers in its report to an agreement signed with the trade unions to conduct a study on fixing the national minimum wage. The Committee requests the Government to take without delay the necessary measures to fix the minimum wage pursuant to articles 110 and 114 of the Labour Code and to provide information in this regard, including on any studies carried out in this area and on consultation with the social partners.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. In its previous comments, the Committee recalled that the most recent decree fixing the minimum wage pursuant to sections 110 and 114 of the Labour Code was adopted in 1988 and that it was outdated. Noting that the Government indicated in its 2011 report that a study on the setting of a national minimum wage was being finalized, it requested the Government to provide information on any progress achieved in that regard. The Committee notes with regret that a new decree fixing the minimum wage has still not been adopted. It notes that the Government refers in its report to an agreement signed with the trade unions to conduct a study on fixing the national minimum wage. The Committee requests the Government to take without delay the necessary measures to fix the minimum wage pursuant to articles 110 and 114 of the Labour Code and to provide information in this regard, including on any studies carried out in this area and on consultation with the social partners.

[The Government is asked to reply in full to the present comments in 2020.]

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

Repetition

Article 1 of the Convention. Minimum wage fixing machinery. The Committee notes the Government’s explanations that following the adoption of the West African CFA franc (XOF) as its national currency (1 franc being worth 65 pesos), Decree No. 17/88 of 4 April 1988, on the guaranteed minimum wage has to some extent become outdated although it is still formally in force. The Government further explains that wage increases have been implemented in order to keep up with inflation.

Moreover, the Committee notes the Government’s indications that a study is being finalized on the setting of a national minimum wage, applicable to both the public and private sectors. The Government also indicates that the draft Labour Code that is being drawn up to replace the General Labour Act, provides for the revision of the minimum wage on an annual basis following consultations with the social partners within the standing Council for Social Dialogue and taking into account elements such as the consumer price index, the average national productivity or the general economic climate. Noting the Government’s reassurances that it is now in a position to state that in the near future Guinea-Bissau will have a national minimum wage, the Committee requests the Government to keep the Office informed of all further progress concerning the adoption of the draft new Labour Code and the establishment of the national minimum wage and to transmit a copy of any relevant legal text once it has been adopted.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Minimum wage fixing machinery. The Committee notes the Government’s explanations that following the adoption of the West African CFA franc (XOF) as its national currency (1 franc being worth 65 pesos), Decree No. 17/88 of 4 April 1988, on the guaranteed minimum wage has to some extent become outdated although it is still formally in force. The Government further explains that wage increases have been implemented in order to keep up with inflation.

Moreover, the Committee notes the Government’s indications that a study is being finalized on the setting of a national minimum wage, applicable to both the public and private sectors. The Government also indicates that the draft Labour Code that is being drawn up to replace the General Labour Act, provides for the revision of the minimum wage on an annual basis following consultations with the social partners within the standing Council for Social Dialogue and taking into account elements such as the consumer price index, the average national productivity or the general economic climate. Noting the Government’s reassurances that it is now in a position to state that in the near future Guinea-Bissau will have a national minimum wage, the Committee requests the Government to keep the Office informed of all further progress concerning the adoption of the draft new Labour Code and the establishment of the national minimum wage and to transmit a copy of any relevant legal text once it has been adopted.

Finally, the Committee recalls that based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40), the ILO Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Minimum wage fixing machinery. The Committee notes the Government’s explanations that following the adoption of the West African CFA franc (XOF) as its national currency (1 franc being worth 65 pesos), Decree No. 17/88 of 4 April 1988, on the guaranteed minimum wage has to some extent become outdated although it is still formally in force. The Government further explains that wage increases have been implemented in order to keep up with inflation, the minimum wage in the public sector currently being set at XOF19,200 (approximately US$40) per month while the minimum wage in the private sector being situated at XOF25,000 (approximately US$52) per month.

Moreover, the Committee notes the Government’s indications that a study is currently being finalized on the setting of a national minimum wage, applicable to both the public and private sectors. The Government also indicates that the draft Labour Code that is now being drawn up to replace the General Labour Act, provides for the revision of the minimum wage on an annual basis following consultations with the social partners within the standing Council for Social Dialogue and taking into account elements such as the consumer price index, the average national productivity or the general economic climate. Noting the Government’s reassurances that it is now in a position to state that in the near future Guinea-Bissau will have a national minimum wage, the Committee requests the Government to keep the Office informed of all further progress concerning the adoption of the draft new Labour Code and the establishment of the national minimum wage and to transmit a copy of any relevant legal text once it has been adopted.

Article 5 and Part V of the report form. Application in practice. The Committee requests the Government to provide in its next report documented information on the effect given to the Convention in practice, including, for instance, information on the evolution of minimum pay rates as compared to the evolution of economic indicators such as the consumer price index, the approximate number of workers remunerated at the minimum pay rate, if possible broken down by sex and age, inspection results showing the number of infringements of the minimum wage legislation observed and sanctions imposed, and extracts from official studies or reports on minimum wage policy.

Finally, the Committee recalls that based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40), the ILO Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1 of the Convention. Minimum wage-fixing machinery. The Committee notes that the Government has transmitted to the Office for comments a preliminary draft decree on the national minimum wage on which consultations are to be held with the social partners before it is submitted to the Council of Ministers with a view to its adoption. It understands that the Office is in contact with the Government on this subject. However, even at this early stage, it draws the Government’s attention to section 8 of the draft decree, which exempts enterprises in certain cases from the obligation to pay their employees the guaranteed minimum wage on grounds of economic difficulties that they are encountering or the crisis faced by the region in which they are located. In this regard, the Committee recalls that the compulsory nature of the minimum wage, established by Article 3, paragraph 2(3), of the Convention, is a fundamental principle of the application of the Convention. Exemptions from this rule may only be made by collective agreement with the authorization of the competent national authority and they have to be strictly limited. The Committee trusts that the Government will take due account of this fundamental principle when drawing up the final version of the above draft decree. It requests the Government to keep it informed of any development in this regard and of the outcome of the consultations held with the social partners on this subject.

Article 3, paragraph 2(2). Participation of employers’ and workers’ organizations. The Committee notes the Government’s indications concerning the establishment of a new employers’ organization, the Chamber of Agriculture, Commerce and Industry (CACI). It requests it to provide further information on the distinction between this organization and the Chamber of Agriculture, Commerce and Industry already represented on the Social Dialogue Council.

Article 5 and Part V of the report form. The Committee notes with interest that the Government has established a programme for the creation of labour statistics databases and that it will provide the Office with the data gathered as soon as they are available. The Committee requests the Government to keep it informed of any new development in the creation of these databases.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. The Committee notes the indications in the Government’s reports, in particular the forthcoming adoption of a draft Legislative Decree on the guaranteed minimum wage, as well as a draft Legislative Decree updating Legislative Decree No. 17/88. While hoping that the Government will supply copies of these texts as soon as they have been adopted, the Committee takes this opportunity to recall that a minimum wage system loses its value if minimum wage rates are not periodically revised in line with socio-economic developments. Noting that the minimum wage rates have not been adjusted for 17 years and that, consequently, they may no longer guarantee a satisfactory standard of living for workers and their families, the Committee requests the Government to review the level of minimum wages and to do everything possible to guarantee that any possible increase duly takes account of the needs of workers and their families, for example, by maintaining their purchasing power with regard to a basket of essential consumer goods.

Article 3, paragraph 2(3). The Committee notes the Government’s information concerning Decree No. 1/2001 which, as amended, guarantees the nomination of five representatives from the trade union confederations and five representatives from the Chamber of Industry, Trade and Agriculture, thus ensuring equal representation on the Social Dialogue Council.

Article 4, paragraphs 1 and 2. The Committee notes the information provided by the Government in its last report concerning the procedures applicable in cases of non-compliance with the statutory minimum wage rate.

Article 5 and Part V of the report form. The Committee notes that the Government is still not in a position to provide information on the number of workers effectively covered by the minimum wage regulations, due to the lack of statistics on this subject. It hopes that the Government will make every effort to compile and transmit this information with its next report. The Committee also requests the Government to provide any other information that would enable it to assess more fully the effect given to the Convention in practice.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the reports provided by the Government, as well as the documents attached. It requests further information concerning the following points.

Articles 1 and 2 of the Convention. The Committee notes the indications in the Government’s reports, in particular the forthcoming adoption of a draft Legislative Decree on the guaranteed minimum wage, as well as a draft Legislative Decree updating Legislative Decree No. 17/88. While hoping that the Government will supply copies of these texts as soon as they have been adopted, the Committee takes this opportunity to recall that a minimum wage system loses its value if minimum wage rates are not periodically revised in line with socio-economic developments. Noting that the minimum wage rates have not been adjusted for 17 years and that, consequently, they may no longer guarantee a satisfactory standard of living for workers and their families, the Committee requests the Government to review the level of minimum wages and to do everything possible to guarantee that any possible increase duly takes account of the needs of workers and their families, for example, by maintaining their purchasing power with regard to a basket of essential consumer goods.

Article 3, paragraph 2(3). The Committee notes the Government’s information concerning Decree No. 1/2001 which, as amended, guarantees the nomination of five representatives from the trade union confederations and five representatives from the Chamber of Industry, Trade and Agriculture, thus ensuring equal representation on the Social Dialogue Council.

Article 4, paragraphs 1 and 2. The Committee notes the information provided by the Government in its last report concerning the procedures applicable in cases of non-compliance with the statutory minimum wage rate.

Article 5 and Part V of the report form. The Committee notes that the Government is still not in a position to provide information on the number of workers effectively covered by the minimum wage regulations, due to the lack of statistics on this subject. It hopes that the Government will make every effort to compile and transmit this information with its next report. The Committee also requests the Government to provide any other information that would enable it to assess more fully the effect given to the Convention in practice.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the reports provided by the Government and the documents attached. It notes with interest the establishment, by Decree No. 1/2001 of 22 March 2001, of the Social Dialogue Council, a tripartite advisory body. The Committee also notes the Government’s indication that this Council was consulted in 2002 with a view to fixing a minimum wage applicable to the public service and the subsequent determination of the minimum wage in this sector at CFA 28,000 francs per month with retroactive effect from 1 January 2002. While requesting the Government to provide a copy of the legislative texts fixing the minimum wage rate currently in force for the public service, the Committee would be grateful if the Government would also provide the following information.

Articles 1 and 2 of the Convention. The Committee notes the Government’s statement that the fixing of a national minimum wage is a constant policy concern. It hopes that the Government will be in a position to adopt in the very near future, as it had previously undertaken to do, the texts to give effect to sections 110, 111 and 114 of the General Labour Act of 5 April 1986, in respect of workers in the private sector, and particularly those who are not covered by arrangements for the effective regulation of wages by collective agreement or otherwise and for whom wages are exceptionally low. The Committee also requests the Government to indicate whether Decree No. 17/88, which established a guaranteed minimum wage, is still in force or whether it has been repealed by a later instrument.

Article 3, paragraph 2(3). The Committee notes that, under section 4(1) of Decree No. 1/2001, the Social Dialogue Council is composed, among others, of three representatives of each of the central trade union organizations and four representatives of the Chamber of Industry, Commerce and Agriculture. It also notes that under subsection 4 of the same section, the actual representatives of employers’ and workers’ organizations and their respective substitutes have to be appointed in equal numbers. The Committee requests the Government to provide further details on the manner in which the participation of the employers and workers concerned is ensured in practice in equal numbers and on equal terms in the work of the Social Dialogue Council in respect of the fixing of minimum wages.

Article 4, paragraphs 1 and 2. The Committee notes from the Government’s reports that the enforcement and supervision of laws and regulations respecting minimum wages is the responsibility of the General Directorate of Labour and the labour inspectorate, which are empowered to intervene as mediators, and the courts before which any worker may bring a case to recover amounts due in respect of wages. It also notes the Government’s indication that workers can also go to the Social Dialogue Council when the wages paid are lower than the minimum rates in force. The Committee requests the Government to provide fuller information on the stages of the procedure applicable in the event of non compliance with minimum wage rates, and particularly the time limits set out in the national legislation within which workers are entitled to take action for the recovery of outstanding amounts due to them.

Article 5, in conjunction with Part V of the report form. The Committee notes that the Government is not currently in a position to provide any details with regard to the number of workers actually covered by the minimum wage regulations in view of the lack of statistics on this subject. However, noting that the only workers currently covered by minimum wage provisions are employees in the public service, the Committee hopes that the Government will endeavour to compile such information and transmit it with its next report. The Committee also requests the Government to provide any other information on the application of the Convention in practice, such as extracts of the reports or opinions issued by the Social Dialogue Council, extracts of reports on the activities of the labour inspection services to enforce compliance with the minimum wage in the public service and indicating the number of violations reported and the penalties imposed, as well as studies on changes in economic indicators, such as the consumer price index, with a view to assessing the pertinence of the minimum wage in relation to economic realities.

[The Government is asked to reply in detail to the present comments in 2005.]

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the reports provided by the Government and the documents attached. It notes with interest the establishment, by Decree No. 1/2001 of 22 March 2001, of the Social Dialogue Council, a tripartite advisory body. The Committee also notes the Government’s indication that this Council was consulted in 2002 with a view to fixing a minimum wage applicable to the public service and the subsequent determination of the minimum wage in this sector at CFA 28,000 francs per month with retroactive effect from 1 January 2002. While requesting the Government to provide a copy of the legislative texts fixing the minimum wage rate currently in force for the public service, the Committee would be grateful if the Government would also provide the following information.

Articles 1 and 2 of the Convention. The Committee notes the Government’s statement that the fixing of a national minimum wage is a constant policy concern. It hopes that the Government will be in a position to adopt in the very near future, as it had previously undertaken to do, the texts to give effect to sections 110, 111 and 114 of the General Labour Act of 5 April 1986, in respect of workers in the private sector, and particularly those who are not covered by arrangements for the effective regulation of wages by collective agreement or otherwise and for whom wages are exceptionally low. The Committee also requests the Government to indicate whether Decree No. 17/88, which established a guaranteed minimum wage, is still in force or whether it has been repealed by a later instrument.

Article 3, paragraph 2(3). The Committee notes that, under section 4(1) of Decree No. 1/2001, the Social Dialogue Council is composed, among others, of three representatives of each of the central trade union organizations and four representatives of the Chamber of Industry, Commerce and Agriculture. It also notes that under subsection 4 of the same section, the actual representatives of employers’ and workers’ organizations and their respective substitutes have to be appointed in equal numbers. The Committee requests the Government to provide further details on the manner in which the participation of the employers and workers concerned is ensured in practice in equal numbers and on equal terms in the work of the Social Dialogue Council in respect of the fixing of minimum wages.

Article 4, paragraphs 1 and 2. The Committee notes from the Government’s reports that the enforcement and supervision of laws and regulations respecting minimum wages is the responsibility of the General Directorate of Labour and the labour inspectorate, which are empowered to intervene as mediators, and the courts before which any worker may bring a case to recover amounts due in respect of wages. It also notes the Government’s indication that workers can also go to the Social Dialogue Council when the wages paid are lower than the minimum rates in force. The Committee requests the Government to provide fuller information on the stages of the procedure applicable in the event of non-compliance with minimum wage rates, and particularly the time limits set out in the national legislation within which workers are entitled to take action for the recovery of outstanding amounts due to them.

Article 5, in conjunction with Part V of the report form. The Committee notes that the Government is not currently in a position to provide any details with regard to the number of workers actually covered by the minimum wage regulations in view of the lack of statistics on this subject. However, noting that the only workers currently covered by minimum wage provisions are employees in the public service, the Committee hopes that the Government will endeavour to compile such information and transmit it with its next report. The Committee also requests the Government to provide any other information on the application of the Convention in practice, such as extracts of the reports or opinions issued by the Social Dialogue Council, extracts of reports on the activities of the labour inspection services to enforce compliance with the minimum wage in the public service and indicating the number of violations reported and the penalties imposed, as well as studies on changes in economic indicators, such as the consumer price index, with a view to assessing the pertinence of the minimum wage in relation to economic realities.

[The Government is asked to reply in detail to the present comments in 2004.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in response to the Committee’s previous direct requests.

Articles 1 and 3, paragraph 1, of the Convention. The Committee notes the Government’s indication that at some point the Government had decreed a minimum wage of 12,000 XOF, which was later raised by the national unity Government to 42,000 XOF on the basis of an agreement with the National Union of Workers of Guinea-Bissau (UNTG). The Committee also notes the information according to which the minimum wage originally decreed by the Government is still formally in force but not applied in practice since trade unions no longer accept that rate and claim an increase of 2,500 XOF and a bag of rice for every civil servant. In addition, the Committee notes that the Government is taking steps for the first time to establish a national minimum wage by next year. Recalling that minimum wage fixing entails providing wage earners with minimum permissible wage levels account being taken of the needs of the workers and their families, the Committee hopes that appropriate measures will soon be taken to put into practice the legislative machinery provided for in section 110(1) of the General Labour Act No. 2 of 5 April 1986 in conformity with the provisions of the Convention. It requests the Government to keep it informed of any future developments in this regard.

Article 3, paragraph 2(1) and (2). The Committee notes the Government’s statement to the effect that it continues to be difficult to carry out tripartite consultations in an institutionalized manner but that consulting representative workers’ and employers’ organizations remains a priority and features in the government programme for implementation this year. The Committee once again points out the need for workers’ and employers’ organizations to be associated in the establishment and operation of the minimum wage-fixing machinery, it being understood that their representatives should be able to have a real influence on the decisions to be taken and that they should participate in equal numbers and on equal terms in the system of fixing minimum wages. The Committee hopes that steps will soon be taken to give effect to the requirements of this Article and asks the Government to keep it informed of any progress achieved in this regard.

Article 4. Further to its previous comments, the Committee notes the Government’s indication that, in the absence of a fixed minimum wage, it does not inform civil servants or workers of minimum wage rates and also that a worker may appeal to his hierarchical superior if he receives less than he should for his grade. It again requests the Government to specify the relevant legislative or regulatory provisions designed to guarantee respect for minimum wage levels, such as the possibilities of recovering by legal, judicial or other means, the amount due to workers who appear to have received wages lower than at the minimum wage rate, together with the penalties provided for in case of infringement of the provisions relating to minimum wages.

Article 5 of the Convention and Part V of the report form. The Committee notes that the Government has not been able to define the number of workers receiving the minimum wage and also that inspection reports are not available. The Committee can only hope that the Government will make every effort to collect and communicate in future reports detailed information on the application of the Convention in practice, such as the number and different categories of workers covered by minimum wage provisions, the minimum rates of wages in force, the results of any inspections made, the cases of infringements observed and the penalties imposed.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Articles 1 and 2 of the Convention.  The Committee notes with interest that sections 110, 111 and 114 of the General Labour Act of 5 April 1986 provide for machinery for the fixing of minimum hourly and monthly wages to be established by Decree of the Council of Ministers after consulting the organizations of workers and employers or, in their absence, their legitimate representatives. It requests the Government to specify whether the above Decree has been adopted and, if so, to provide a copy of it.

Article 3(1) and (2).  The Committee notes that the competent authority for the application of laws and regulations respecting the fixing of minimum wages is the Ministry of Public Administration and Labour, acting through the General Directorate of Employment and Vocational Training, as well as the general labour inspectorate. The Committee requests the Government to provide information on the machinery used to consult the representatives of employers and workers concerned with regard to the fixing of minimum wages. It also requests it to indicate the means by which the employers and workers concerned are associated in the operation of the minimum wage fixing machinery.

Article 4(1) and (2).  The Committee requests the Government to specify the measures which have been taken to ensure that the employers and workers concerned are informed of the minimum rates of wages in force and that wages are not paid at less than the applicable minimum rates. It also requests the Government to indicate whether recourse procedures exist enabling a worker to whom the minimum rates are applicable and who has been paid wages at less than these rates, to recover the amount by which he or she has been underpaid.

Article 5, in conjunction with Part V of the report form.  The Committee reiterates the request that it has been making for many years for the Government to provide information on the approximate number of workers to whom minimum wages apply and other information on the effect given in practice to the Convention, such as extracts of reports of the inspection services on their activities to ensure compliance with minimum wages (number of offences reported, sanctions imposed, etc.).

The Committee hopes that the Government will not fail to provide the respective information in the near future.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows: Articles 1 and 2 of the Convention. The Committee notes with interest that sections 110, 111 and 114 of the General Labour Act of 5 April 1986 provide for machinery for the fixing of minimum hourly and monthly wages to be established by Decree of the Council of Ministers after consulting the organizations of workers and employers or, in their absence, their legitimate representatives. It requests the Government to specify whether the above Decree has been adopted and, if so, to provide a copy of it. Article 3, paragraphs 1 and 2. The Committee notes that the competent authority for the application of laws and regulations respecting the fixing of minimum wages is the Ministry of Public Administration and Labour, acting through the General Directorate of Employment and Vocational Training, as well as the general labour inspectorate. The Committee requests the Government to provide information on the machinery used to consult the representatives of employers and workers concerned with regard to the fixing of minimum wages. It also requests it to indicate the means by which the employers and workers concerned are associated in the operation of the minimum wage fixing machinery. Article 4, paragraphs 1 and 2. The Committee requests the Government to specify the measures which have been taken to ensure that the employers and workers concerned are informed of the minimum rates of wages in force and that wages are not paid at less than the applicable minimum rates. It also requests the Government to indicate whether recourse procedures exist enabling a worker to whom the minimum rates are applicable and who has been paid wages at less than these rates, to recover the amount by which he or she has been underpaid. Article 5, in conjunction with Part V of the report form. The Committee reiterates the request that it has been making for many years for the Government to provide information on the approximate number of workers to whom minimum wages apply and other information on the effect given in practice to the Convention, such as extracts of reports of the inspection services on their activities to ensure compliance with minimum wages (number of offences reported, sanctions imposed, etc.).

The Committee hopes that the Government will not fail to provide the respective information in the near future.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Articles 1 and 2 of the Convention. The Committee notes with interest that sections 110, 111 and 114 of the General Labour Act of 5 April 1986 provide for machinery for the fixing of minimum hourly and monthly wages to be established by Decree of the Council of Ministers after consulting the organizations of workers and employers or, in their absence, their legitimate representatives. It requests the Government to specify whether the above Decree has been adopted and, if so, to provide a copy of it.

Article 3, paragraphs 1 and 2. The Committee notes that the competent authority for the application of laws and regulations respecting the fixing of minimum wages is the Ministry of Public Administration and Labour, acting through the General Directorate of Employment and Vocational Training, as well as the general labour inspectorate. The Committee requests the Government to provide information on the machinery used to consult the representatives of employers and workers concerned with regard to the fixing of minimum wages. It also requests it to indicate the means by which the employers and workers concerned are associated in the operation of the minimum wage fixing machinery.

Article 4, paragraphs 1 and 2. The Committee requests the Government to specify the measures which have been taken to ensure that the employers and workers concerned are informed of the minimum rates of wages in force and that wages are not paid at less than the applicable minimum rates. It also requests the Government to indicate whether recourse procedures exist enabling a worker to whom the minimum rates are applicable and who has been paid wages at less than these rates, to recover the amount by which he or she has been underpaid.

Article 5, in conjunction with point V of the report form. The Committee reiterates the request that it has been making for many years for the Government to provide information on the approximate number of workers to whom minimum wages apply and other information on the effect given in practice to the Convention, such as extracts of reports of the inspection services on their activities to ensure compliance with minimum wages (number of offences reported, sanctions imposed, etc.).

The Committee hopes that the Government will not fail to provide the respective information in the near future.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Articles 1 and 2 of the Convention. The Committee notes with interest that sections 110, 111 and 114 of the General Labour Act of 5 April 1986 provide for machinery for the fixing of minimum hourly and monthly wages to be established by Decree of the Council of Ministers after consulting the organizations of workers and employers or, in their absence, their legitimate representatives. It requests the Government to specify whether the above Decree has been adopted and, if so, to provide a copy of it.

Article 3, paragraphs 1 and 2. The Committee notes that the competent authority for the application of laws and regulations respecting the fixing of minimum wages is the Ministry of Public Administration and Labour, acting through the General Directorate of Employment and Vocational Training, as well as the general labour inspectorate. The Committee requests the Government to provide information on the machinery used to consult the representatives of employers and workers concerned with regard to the fixing of minimum wages. It also requests it to indicate the means by which the employers and workers concerned are associated in the operation of the minimum wage fixing machinery.

Article 4, paragraphs 1 and 2. The Committee requests the Government to specify the measures which have been taken to ensure that the employers and workers concerned are informed of the minimum rates of wages in force and that wages are not paid at less than the applicable minimum rates. It also requests the Government to indicate whether recourse procedures exist enabling a worker to whom the minimum rates are applicable and who has been paid wages at less than these rates, to recover the amount by which he or she has been underpaid.

Article 5, in conjunction with point V of the report form. The Committee reiterates the request that it has been making for many years for the Government to provide information on the approximate number of workers to whom minimum wages apply and other information on the effect given in practice to the Convention, such as extracts of reports of the inspection services on their activities to ensure compliance with minimum wages (number of offences reported, sanctions imposed, etc.). The Committee hopes that the Government will not fail to provide the respective information in the near future.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied in the Government's report in reply to its previous comments.

Articles 1 and 2 of the Convention. The Committee notes with interest that sections 110, 111 and 114 of the General Labour Act of 5 April 1986 provide for machinery for the fixing of minimum hourly and monthly wages to be established by Decree of the Council of Ministers after consulting the organizations of workers and employers or, in their absence, their legitimate representatives. It requests the Government to specify whether the above Decree has been adopted and, if so, to provide a copy of it.

Article 3, paragraphs 1 and 2. The Committee notes that the competent authority for the application of laws and regulations respecting the fixing of minimum wages is the Ministry of Public Administration and Labour, acting through the General Directorate of Employment and Vocational Training, as well as the general labour inspectorate. The Committee requests the Government to provide information on the machinery used to consult the representatives of employers and workers concerned with regard to the fixing of minimum wages. It also requests it to indicate the means by which the employers and workers concerned are associated in the operation of the minimum wage fixing machinery.

Article 4, paragraphs 1 and 2. The Committee requests the Government to specify the measures which have been taken to ensure that the employers and workers concerned are informed of the minimum rates of wages in force and that wages are not paid at less than the applicable minimum rates. It also requests the Government to indicate whether recourse procedures exist enabling a worker to whom the minimum rates are applicable and who has been paid wages at less than these rates, to recover the amount by which he or she has been underpaid.

Article 5, in conjunction with point V of the report form. The Committee reiterates the request that it has been making for many years for the Government to provide information on the approximate number of workers to whom minimum wages apply and other information on the effect given in practice to the Convention, such as extracts of reports of the inspection services on their activities to ensure compliance with minimum wages (number of offences reported, sanctions imposed, etc.). The Committee hopes that the Government will not fail to provide the respective information in the near future.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted that, for the time being, the Government was unable to collect statistical data, in accordance with Article 5 of the Convention, on the numbers of workers to whom minimum wages apply and other information (for example extracts of inspection service reports) required under point V of the report form. The Committee hopes that the Government will shortly take the necessary steps to obtain this information and forward it to the International Labour Office.

Furthermore, the Committee recalls that the Government indicated in previous reports that a General Labour Bill was being prepared and that steps have been taken to make good the deficiencies in the Bill relating to methods of fixing minimum wages. The Committee requests the Government to provide information whether the new labour legislation has been adopted.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted that, for the time being, the Government was unable to collect statistical data, in accordance with Article 5 of the Convention, on the numbers of workers to whom minimum wages apply and other information (for example extracts of inspection service reports) required under point V of the report form. The Committee hopes that the Government will shortly take the necessary steps to obtain this information and forward it to the International Labour Office.

Furthermore, the Committee recalls that the Government indicated in previous reports that a General Labour Bill was being prepared and that steps have been taken to make good the deficiencies in the Bill relating to methods of fixing minimum wages. The Committee requests the Government to provide information whether the new labour legislation has been adopted.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted that, for the time being, the Government was unable to collect statistical data, in accordance with Article 5 of the Convention, on the numbers of workers to whom minimum wages apply and other information (for example extracts of inspection service reports) required under Part V of the report form. The Committee hopes that the Government will shortly take the necessary steps to obtain this information and forward it to the International Labour Office.

Furthermore, the Committee recalls that the Government indicated in previous reports that a General Labour Bill was being prepared and that steps have been taken to make good the deficiencies in the Bill relating to methods of fixing minimum wages. The Committee requests the Government to provide information whether the new labour legislation has been adopted.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes with interest Decree No. 17/88 fixing new minimum wage rates. It notes that, for the time being, the Government is unable to collect statistical data, in accordance with Article 5 of the Convention, on the numbers of workers to whom minimum wages apply and other information (for example extracts of inspection service reports) required under Part V of the report form. The Committee hopes that the Government will shortly take the necessary steps to obtain this information and forward it to the International Labour Office.

Furthermore, the Committee recalls that the Government indicated in previous reports that a General Labour Bill was being prepared and that steps have been taken to make good the deficiencies in the Bill relating to methods of fixing minimum wages. The Committee requests the Government to provide information whether the new labour legislation has been adopted.