Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 8 of the Convention. Deductions from wages. Further to its previous comments on the absence of limits on the amounts of authorized deductions from wages, the Committee notes that the Government’s report does not contain information on this subject. The Committee therefore requests the Government to take the necessary measures, on the basis of discussions in the National Labour Council, to establish limits on the permitted amount of deductions from wages, and to provide information in this regard.

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 26 (minimum wages) and Convention No. 95 (protection of wages) in a single comment.

Minimum wage

Article 3 of Convention No. 26. Minimum wage-fixing machinery and consultation with the social partners. Further to its previous comments, the Committee notes the information provided by the Government in its report, namely concerning the work undertaken in 2017 within the National Labour Council to revise the interoccupational guaranteed minimum wage. The Committee also notes the subsequent adoption of Decree No. 18/017 of 22 May 2018 fixing the interoccupational guaranteed minimum wage.

Protection of wages

Article 8 of Convention No. 95. Deductions from wages. In its previous comments, the Committee referred to the deductions authorized under section 112 of the Labour Code. There is no limit applicable to each deduction or an overall limit. While noting the Government’s indication that the issue will be addressed by the National Labour Council, the Committee recalls the importance of fixing such limits in order to protect the income of workers in the case of multiple deductions (see 2003 General Survey on the protection of wages, paragraph 296). The Committee therefore requests the Government to take the necessary measures, on the basis of discussions within the National Labour Council, to establish limits on the amount of deductions from wages permitted, and to provide information in this regard.

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 2013.

Repetition

Article 8(1) of the Convention. Deductions from wages. In its previous comments the Committee noted that section 112 of the Labour Code, which enumerates the cases in which deductions from wages are authorized, cannot be taken as an exhaustive list and does not establish that deductions made for reasons other than those listed in section 112 are prohibited. It also pointed out that the same section does not establish a limit to the deductions that may be made, as required by Article 8(1) of the Convention. In its last report, the Government indicates that deductions made for reasons other than those listed in section 112 are regulated by collective agreements. The Committee requests the Government to indicate how it is ensured, in law and in practice, that deductions made from wages for reasons other than those prescribed by the national legislation or fixed by collective agreement are prohibited. It also requests the Government to report any measures taken to limit deductions from wages to the extent deemed necessary for the maintenance of the worker and his/her family.

Articles 12 and 15. Regular payment of wages – Supervisory measures. The Committee notes the comments of the Confederation of Trade Unions of Congo (CSC) received on 30 August 2013 and forwarded to the Government on 18 September 2013. The CSC, while noting with satisfaction the measure taken by the Government for the payment by bank transfer of the wages of State officials and employees, which has made wage payment as a whole significantly safer, expresses the view that the statutory provisions on wage protection are not observed, in particular in Chinese enterprises and in commerce. The CSC adds that its communications on this matter to the Ministry of Employment, Labour and Social Welfare have so far gone unanswered. The Committee requests the Government to send any comments it may wish to make in reply to the CSC’s observations.

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 3 of the Convention. Minimum wage fixing machinery. In its previous comment the Committee drew the Government’s attention to the fact that the periodic adjustment of the minimum wage rate, as a social protection measure aimed at ensuring a satisfactory living standard for workers and their families, should be accompanied by supervisory measures and penalties enabling the effective application of legislation on minimum wages to be guaranteed in practice. In this regard the Committee notes that a tripartite committee responsible for monitoring the guaranteed interoccupational minimum wage (SMIG) has been set up and its operating procedures have been determined by Ministerial Order No. 12/CAB/MIN/ETPS/08/2009 of 5 February 2009. As the Committee understands it, the tripartite committee is facing persistent difficulties in ensuring application of the SMIG (fixed at 1,680 Congolese francs per day since May 2008) and that many private and public enterprises refuse to pay their employees the SMIG as fixed by law. Recalling that the primary aim of the Convention is to ensure a decent standard of living for low-paid workers and their families, the Committee requests the Government to provide further information on the operation and resources of the committee responsible for monitoring the SMIG and on any other measures taken or contemplated to ensure full observance of the minimum wage rates in force, including inspection results showing the number of infringements observed and the penalties imposed.

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 8(1) of the Convention. Deductions from wages. In its previous comments the Committee noted that section 112 of the Labour Code, which enumerates the cases in which deductions from wages are authorized, cannot be taken as an exhaustive list and does not establish that deductions made for reasons other than those listed in section 112 are prohibited. It also pointed out that the same section does not establish a limit to the deductions that may be made, as required by Article 8(1) of the Convention. In its last report, the Government indicates that deductions made for reasons other than those listed in section 112 are regulated by collective agreements. The Committee requests the Government to indicate how it is ensured, in law and in practice, that deductions made from wages for reasons other than those prescribed by the national legislation or fixed by collective agreement are prohibited. It also requests the Government to report any measures taken to limit deductions from wages to the extent deemed necessary for the maintenance of the worker and his/her family.

Articles 12 and 15. Regular payment of wages – Supervisory measures. The Committee notes the comments of the Confederation of Trade Unions of Congo (CSC) received on 30 August 2013 and forwarded to the Government on 18 September 2013. The CSC, while noting with satisfaction the measure taken by the Government for the payment by bank transfer of the wages of State officials and employees, which has made wage payment as a whole significantly safer, expresses the view that the statutory provisions on wage protection are not observed, in particular in Chinese enterprises and in commerce. The CSC adds that its communications on this matter to the Ministry of Employment, Labour and Social Welfare have so far gone unanswered. The Committee requests the Government to send any comments it may wish to make in reply to the CSC’s observations.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 8(1) of the Convention. Deductions from wages. In its previous comments the Committee noted that section 112 of the Labour Code, which enumerates the cases in which deductions from wages are authorized, cannot be taken as an exhaustive list and does not establish that deductions made for reasons other than those listed in section 112 are prohibited. It also pointed out that the same section does not establish a limit to the deductions that may be made, as required by Article 8 (1) of the Convention. In its last report, the Government indicates that deductions made for reasons other than those listed in section 112 are regulated by collective agreements. The Committee requests the Government to indicate how it is ensured, in law and in practice, that deductions made from wages for reasons other than those prescribed by the national legislation or fixed by collective agreement are prohibited. It also requests the Government to report any measures taken to limit deductions from wages to the extent deemed necessary for the maintenance of the worker and his/her family.

Articles 12 and 15. Regular payment of wages – Supervisory measures. The Committee notes the comments of the Confederation of Trade Unions of Congo (CSC) received on 30 August 2013 and forwarded to the Government on 18 September 2013. The CSC, while noting with satisfaction the measure taken by the Government for the payment by bank transfer of the wages of State officials and employees, which has made wage payment as a whole significantly safer, expresses the view that the statutory provisions on wage protection are not observed, in particular in Chinese enterprises and in commerce. The CSC adds that its communications on this matter to the Ministry of Employment, Labour and Social Welfare have so far gone unanswered. The Committee requests the Government to send any comments it may wish to make in reply to the CSC’s observations.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Minimum wage fixing machinery. In its previous comment the Committee drew the Government’s attention to the fact that the periodic adjustment of the minimum wage rate, as a social protection measure aimed at ensuring a satisfactory living standard for workers and their families, should be accompanied by supervisory measures and penalties enabling the effective application of legislation on minimum wages to be guaranteed in practice. In this regard the Committee notes that a tripartite committee responsible for monitoring the guaranteed interoccupational minimum wage (SMIG) has been set up and its operating procedures have been determined by Ministerial Order No. 12/CAB/MIN/ETPS/08/2009 of 5 February 2009. As the Committee understands it, the tripartite committee is facing persistent difficulties in ensuring application of the SMIG (fixed at 1,680 Congolese francs per day since May 2008) and that many private and public enterprises refuse to pay their employees the SMIG as fixed by law. Recalling that the primary aim of the Convention is to ensure a decent standard of living for low-paid workers and their families, the Committee requests the Government to provide further information on the operation and resources of the committee responsible for monitoring the SMIG and on any other measures taken or contemplated to ensure full observance of the minimum wage rates in force, including inspection results showing the number of infringements observed and the penalties imposed.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

Article 3 of the Convention. Minimum wage-fixing machinery. The Committee notes the adoption of Ordinance No. 08/04 of 30 April 2008 fixing the minimum guaranteed interoccupational wage, which sets the minimum wage rate at FC1,680 per day (approximately US$4) as from 1 January 2009, namely an increase of 500 per cent in relation to the rate previously fixed at FC335 per day (approximately US$0.8), pursuant to Decree No. 080/2002 of 3 July 2002. The Committee understands that the re-evaluation of the minimum wage was decided at the 3rd extraordinary session of the National Labour Council (CNT), taking account of companies’ capacity for payment and the deterioration in workers’ purchasing power since the fixing of the minimum wage in 2002.

In this regard, the Committee recalls that the periodic adjustment of the minimum wage rate, as a social protection measure aimed at ensuring a satisfactory living standard for workers and their families, might not produce specific results unless it is accompanied by supervisory measures and penalties enabling the effective application of legislation on minimum wages to be guaranteed in practice. The Committee would therefore be grateful if the Government would supply with its next report up to date information on the results of labour inspections and also statistics on the numbers and various categories of workers covered by the legislation on the minimum wage. The Committee hopes that the Government will do its utmost to gather and communicate the information requested under Article 5 of the Convention and Part V of the report form.

Finally, the Committee takes this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body on the basis of 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 Governing Body considered that Convention No. 26 was one of the instruments which were no longer up to date, even though they were still relevant in certain regards. The Committee therefore suggests that the Government examine the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents a degree of progress in comparison with previous instruments concerning the fixing of a minimum wage, for example by providing for a wider scope, the setting up of a general minimum wage system and, finally, the adoption of certain criteria for determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or contemplated in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

Article 8(1) of the Convention. Deductions from wages. The Committee notes that, following the adoption of Act No. 015/2002 of 16 October 2002 issuing the Labour Code, the provisions concerning deductions from wages are more consistent with the requirements of this Article of the Convention. The Committee notes, however, that section 112 of the Code, which lists the circumstances in which deductions are authorized, cannot be taken as an exhaustive list and does not establish that deductions made for reasons other than those listed in that section are prohibited. The Committee also notes that the same section – contrary to section 114 on the attachment and assignment of wages – does not establish a limit to the deductions that may be made, as is required by this Article of the Convention. The Committee therefore requests the Government to provide clarification on these points.

Article 12(1) and Part V of the report form. Regular payment of wages. The Committee understands that the country is currently experiencing serious problems concerning wage arrears and notes that the Government’s report contains no information in response to its previous comments on the wage debt in the civil service. The Committee would like to remind the Government that wages are indispensable for the maintenance of the worker and wishes to refer to paragraph 355 of its General Survey of 2003 on protection of wages, which states that the accumulation of wage debts clearly contravenes the letter and the spirit of the Convention and renders the application of most of its other provisions simply meaningless. Consequently, the Committee asks the Government to provide detailed information on the extent of the problem (number of workers affected, sectors concerned, average delay of payment) and on the steps taken or envisaged to put an end to the wage arrears phenomenon and enable the workers concerned to recover all the sums of money they are owed.

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

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:

Repetition

Article 3 of the Convention. Minimum wage-fixing machinery. The Committee notes the adoption of Ordinance No. 08/04 of 30 April 2008 fixing the minimum guaranteed interoccupational wage, which sets the minimum wage rate at FC1,680 per day (approximately US$4) as from 1 January 2009, namely an increase of 500 per cent in relation to the rate previously fixed at FC335 per day (approximately US$0.8), pursuant to Decree No. 080/2002 of 3 July 2002. The Committee understands that the re-evaluation of the minimum wage was decided at the 3rd extraordinary session of the National Labour Council (CNT), taking account of companies’ capacity for payment and the deterioration in workers’ purchasing power since the fixing of the minimum wage in 2002.

In this regard, the Committee recalls that the periodic adjustment of the minimum wage rate, as a social protection measure aimed at ensuring a satisfactory living standard for workers and their families, might not produce specific results unless it is accompanied by supervisory measures and penalties enabling the effective application of legislation on minimum wages to be guaranteed in practice. The Committee would therefore be grateful if the Government would supply with its next report up to date information on the results of labour inspections and also statistics on the numbers and various categories of workers covered by the legislation on the minimum wage. The Committee hopes that the Government will do its utmost to gather and communicate the information requested under Article 5 of the Convention and Part V of the report form.

Finally, the Committee takes this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body on the basis of 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 Governing Body considered that Convention No. 26 was one of the instruments which were no longer up to date, even though they were still relevant in certain regards. The Committee therefore suggests that the Government examine the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents a degree of progress in comparison with previous instruments concerning the fixing of a minimum wage, for example by providing for a wider scope, the setting up of a general minimum wage system and, finally, the adoption of certain criteria for determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or contemplated in this regard.

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

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:

Repetition

Article 8(1) of the Convention. Deductions from wages. The Committee notes with interest that, following the adoption of Act No. 015/2002 of 16 October 2002 issuing the Labour Code, the provisions concerning deductions from wages are more consistent with the requirements of this Article of the Convention. The Committee notes, however, that section 112 of the Code, which lists the circumstances in which deductions are authorized, cannot be taken as an exhaustive list and does not establish that deductions made for reasons other than those listed in that section are prohibited. The Committee also notes that the same section – contrary to section 114 on the attachment and assignment of wages – does not establish a limit to the deductions that may be made, as is required by this Article of the Convention. The Committee therefore requests the Government to provide clarification on these points.

Article 12(1) and Part V of the report form. Regular payment of wages. The Committee understands that the country is currently experiencing serious problems concerning wage arrears and notes that the Government’s report contains no information in response to its previous comments on the wage debt in the civil service. The Committee would like to remind the Government that wages are indispensable for the maintenance of the worker and wishes to refer to paragraph 355 of its General Survey of 2003 on protection of wages, which states that the accumulation of wage debts clearly contravenes the letter and the spirit of the Convention and renders the application of most of its other provisions simply meaningless. Consequently, the Committee asks the Government to provide detailed information on the extent of the problem (number of workers affected, sectors concerned, average delay of payment) and on the steps taken or envisaged to put an end to the wage arrears phenomenon and enable the workers concerned to recover all the sums of money they are owed.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Minimum wage-fixing machinery. The Committee notes with interest the recent developments concerning the fixing of the minimum wage, in particular Decree No. 079/2002 of 3 July 2002, section 4 of which sets out the social and economic criteria which must be taken into consideration for the fixing of the minimum guaranteed interoccupational wage and section 10 of which provides for the setting up of a tripartite committee responsible for periodically studying the relationship between the general consumer price index and wage levels with a view to permitting the annual revision of the minimum wage.

Furthermore, the Committee notes the adoption of Ordinance No. 08/04 of 30 April 2008 fixing the minimum guaranteed interoccupational wage, which sets the minimum wage rate at FC1,680 per day (approximately US$4) as from 1 January 2009, namely an increase of 500 per cent in relation to the rate previously fixed at FC335 per day (approximately US$0.8), pursuant to Decree No. 080/2002 of 3 July 2002. The Committee understands that the re-evaluation of the minimum wage was decided at the 3rd extraordinary session of the National Labour Council (CNT), taking account of companies’ capacity for payment and the deterioration in workers’ purchasing power since the fixing of the minimum wage in 2002.

In this regard, the Committee recalls that the periodic adjustment of the minimum wage rate, as a social protection measure aimed at ensuring a satisfactory living standard for workers and their families, might not produce specific results unless it is accompanied by supervisory measures and penalties enabling the effective application of legislation on minimum wages to be guaranteed in practice. The Committee would therefore be grateful if the Government would supply with its next report up to date information on the results of labour inspections and also statistics on the numbers and various categories of workers covered by the legislation on the minimum wage. The Committee hopes that the Government will do its utmost to gather and communicate the information requested under Article 5 of the Convention and Part V of the report form.

Finally, the Committee takes this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body on the basis of 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 Governing Body considered that Convention No. 26 was one of the instruments which were no longer up to date, even though they were still relevant in certain regards. The Committee therefore suggests that the Government examine the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents a degree of progress in comparison with previous instruments concerning the fixing of a minimum wage, for example by providing for a wider scope, the setting up of a general minimum wage system and, finally, the adoption of certain criteria for determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or contemplated in this regard.

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:

The Committee notes the adoption by the National Labour Council (CNT) at its session from 15 January to 12 February 2002 of three bills containing provisions respecting minimum wage fixing machinery, including a draft revised Labour Code, a draft decree determining the methods for the fixing and adjustment of the guaranteed minimum inter-occupational wage (SMIG) and a draft decree fixing the SMIG. The Committee requests the Government to provide copies of these texts as soon as they have been enacted and published in the Official Journal, together with any other information concerning the fixing of minimum wages in accordance with the requirement of the full consultation and direct participation of the representatives of employers and workers concerned.

The Committee also notes the Government’s indication that, despite the fact that the Labour Inspectorate is once again undertaking inspections, the reports thereon are not yet available. Recalling that such information has not been provided since 1993, the Committee trusts that the Government will make every effort to provide this information in the very near future, as well as any general indications on the application of the Convention in practice, in accordance with Article 5 of the Convention and Part V of the report form.

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

Article 8, paragraph 1, of the Convention. Deductions from wages. The Committee notes with interest that, following the adoption of Act No. 015/2002 of 16 October 2002 issuing the Labour Code, the provisions concerning deductions from wages are more consistent with the requirements of this Article of the Convention. The Committee notes, however, that section 112 of the new Code, which lists the circumstances in which deductions are authorized, cannot be taken as an exhaustive list and does not establish that deductions made for reasons other than those listed in that section are prohibited. The Committee also notes that the same section – contrary to section 114 on the attachment and assignment of wages – does not establish a limit to the deductions that may be made, as is required by this Article of the Convention. The Committee therefore requests the Government to provide clarification on these points.

Article 12, paragraph 1, and Part V of the report form. Regular payment of wages. The Committee understands that the country is currently experiencing serious problems concerning wage arrears and notes that the Government’s report contains no information in response to its previous comments on the wage debt in the civil service. The Committee would like to remind the Government that wages are indispensable for the maintenance of the worker and wishes to refer to paragraph 355 of its General Survey of 2003 on protection of wages, which states that the accumulation of wage debts clearly contravenes the letter and the spirit of the Convention and renders the application of most of its other provisions simply meaningless. Consequently, the Committee asks the Government to provide detailed information on the extent of the problem (number of workers affected, sectors concerned, average delay of payment) and on the steps taken or envisaged to put an end to the wage arrears phenomenon and enable the workers concerned to recover all the sums of money they are owed.

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

Article 8, paragraph 1, of the Convention. The Committee has been requesting the Government for the last 20 years to introduce the necessary amendments to sections 92 to 94 of the Labour Code to better reflect the requirements of this Article of the Convention. The Committee has even suggested suitable wording to this end and has repeatedly received assurances that the new amended Labour Code would take into account these comments. However, the Government in its last report states that whereas the draft Labour Code has been adopted by the tripartite National Labour Council (NLC) at its 29th session which was held from 15 January to 12 February 2002, the provisions relating to the conditions for and limits on deductions from wages were not examined on that occasion. While noting that the Government undertakes to address this aspect at the next session of the NLC, the Committee hopes that the necessary action will be taken without further delay and requests the Government to transmit a copy of the new Labour Code as soon as it is enacted.

Article 12(1) of the Convention and Part V of the report form. While noting the Government’s indication that at present it is not in a position to supply information on the number of inspection visits and the results obtained in regard to the matters dealt with in the Convention, the Committee requests the Government to make every effort to collect and communicate in its next report concrete information on the effect given to the Convention in practice, including in particular full particulars on the situation concerning accumulated wage arrears in the public sector. The Committee refers in this connection to paragraphs 23, 360 and 411-412 of the 2003 General Survey on the protection of wages in which attention was drawn to the persistent problem of non-payment or delayed payment of wages in several African countries and asks the Government to report in detail on the measures taken or planned to ensure the regular payment of wages in accordance with the relevant provision of the Convention.

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

The Committee notes with interest the information provided by the Government in its report, and particularly the adoption by the National Labour Council (CNT) at its session from 15 January to 12 February 2002 of three bills containing provisions respecting minimum wage fixing machinery, including a draft revised Labour Code, a draft decree determining the methods for the fixing and adjustment of the guaranteed minimum inter-occupational wage (SMIG) and a draft decree fixing the SMIG. The Committee requests the Government to provide copies of these texts as soon as they have been enacted and published in the Official Journal, together with any other information concerning the fixing of minimum wages in accordance with the requirement of the full consultation and direct participation of the representatives of employers and workers concerned.

The Committee also notes the Government’s indication that, despite the fact that the Labour Inspectorate is once again undertaking inspections, the reports thereon are not yet available. Recalling that such information has not been provided since 1993, the Committee trusts that the Government will make every effort to provide this information in the very near future, as well as any general indications on the application of the Convention in practice, in accordance with Article 5 of the Convention and Part V of the report form.

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

The Committee notes the Government’s report.

Articles 3 and 5 of the Convention. The Committee notes that, according to the information supplied by the Government, sections 73 to 75 of the Labour Code continue to provide for consultation of organizations of employers and workers within the National Labour Council (CNT). It notes, however, that the political and economic climate of the country has not allowed the CNT to meet in order to fix the guaranteed minimum interoccupational wage (SMIG). The Government states, moreover, that it will attempt to hold a meeting of the CNT within a reasonable time and that, consequently, precise information will be supplied as soon as available. The Committee therefore requests the Government to do its utmost to fix the new SMIG rates on the basis of a tripartite consultation and hopes that the Government will be in a position to give information in its next report on any progress made in this regard.

Part V of the report form. The Committee notes from the Government’s report that the inspection visits that were suspended have been resumed and that detailed information on this matter will be supplied in the next report. The Committee trusts that, in the very near future, the Government will provide information on the results of labour inspections in regard to minimum salaries, as well as general information on the application in practice of the Convention.

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

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:

Article 8, paragraph 1, of the Convention. In its previous comments, the Committee expressed the hope that the Government would take the necessary measures to enact the draft Labour Code as revised to take into account the Committee’s comments relating to the conditions for and limits on deductions from wages.

The Committee notes that the Government’s latest report does not refer to the draft amendment, but describes the existing provisions, which permit deductions from wages in authorized cases, such as social security contributions and the payment of taxes, and which limit the proportion of wages that may be attached or assigned. The Committee recalls that, in accordance with this Article of the Convention, deductions from wages can only be made under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement.

The Committee requests the Government to supply information on the measures adopted for this purpose, including steps taken towards the adoption of the above draft Labour Code.

Part V of the report form. The Committee notes the Government’s statement that there are no major practical difficulties concerning the application of the Convention. It nevertheless requests the Government to include appropriate information in future reports, particularly on the results of inspection visits and the number and nature of the violations reported.

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 3 and 5 of the Convention.  The Committee notes the Government’s statement that, as a result of the Recommendation of the Supreme National Conference providing, inter alia, for the SMIG to be reviewed every six months to take account of the cost of living, the Ministry of Labour and Social Welfare is currently drafting provisions which are shortly to be submitted to the National Labour Council. The Committee asks the Government to provide information on any further developments in this matter. The Committee also takes note of the information on the activities of the labour inspectorate. It hopes that the Government will continue to supply information on the practical effect given to the Convention.

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

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 reads as follows:

Article 8, paragraph 1, of the Convention.  In its previous comments, the Committee expressed the hope that the Government would take the necessary measures to enact the draft Labour Code as revised to take into account the Committee’s comments relating to the conditions for and limits on deductions from wages.

The Committee notes that the Government’s latest report does not refer to the draft amendment, but describes the existing provisions, which permit deductions from wages in authorized cases, such as social security contributions and the payment of taxes, and which limit the proportion of wages that may be attached or assigned. The Committee recalls that, in accordance with this Article of the Convention, deductions from wages can only be made under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement.

The Committee requests the Government to supply information on the measures adopted for this purpose, including steps taken towards the adoption of the above draft Labour Code.

Part V of the report form.  The Committee notes the Government’s statement that there are no major practical difficulties concerning the application of the Convention. It nevertheless requests the Government to include appropriate information in future reports, particularly on the results of inspection visits and the number and nature of the violations reported.

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 3 and 5 of the Convention. The Committee notes the Government's statement that, as a result of the Recommendation of the Supreme National Conference providing, inter alia, for the SMIG to be reviewed every six months to take account of the cost of living, the Ministry of Labour and Social Welfare is currently drafting provisions which are shortly to be submitted to the National Labour Council. The Committee asks the Government to provide information on any further developments in this matter. The Committee also takes note of the information on the activities of the labour inspectorate. It hopes that the Government will continue to supply information on the practical effect given to the Convention.

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 3 and 5 of the Convention. The Committee notes the Government's statement that, as a result of the Recommendation of the Supreme National Conference providing, inter alia, for the SMIG to be reviewed every six months to take account of the cost of living, the Ministry of Labour and Social Welfare is currently drafting provisions which are shortly to be submitted to the National Labour Council. The Committee asks the Government to provide information on any further developments in this matter. The Committee also takes note of the information on the activities of the labour inspectorate. It hopes that the Government will continue to supply information on the practical effect given to the Convention.

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

The Commmittee 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 3 and 5 of the Convention. The Committee notes the Government's statement that, as a result of the Recommendation of the Supreme National Conference providing, inter alia, for the SMIG to be reviewed every six months to take account of the cost of living, the Ministry of Labour and Social Welfare is currently drafting provisions which are shortly to be submitted to the National Labour Council. The Committee asks the Government to provide information on any further developments in this matter. The Committee also takes note of the information on the activities of the labour inspectorate. It hopes that the Government will continue to supply information on the practical effect given to the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 8, paragraph 1, of the Convention. In its previous comments, the Committee expressed the hope that the Government would take the necessary measures to enact the draft Labour Code as revised to take into account the Committee's comments relating to the conditions for and limits on deductions from wages.

The Committee notes that the Government's latest report does not refer to the draft amendment, but describes the existing provisions, which permit deductions from wages in authorized cases, such as social security contributions and the payment of taxes, and which limit the proportion of wages that may be attached or assigned. The Committee recalls that, in accordance with this Article of the Convention, deductions from wages can only be made under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement.

The Committee requests the Government to supply information on the measures adopted for this purpose, including steps taken towards the adoption of the above draft Labour Code.

Point V of the report form. The Committee notes the Government's statement that there are no major practical difficulties concerning the application of the Convention. It nevertheless requests the Government to include appropriate information in future reports, particularly on the results of inspection visits and the number and nature of the violations reported.

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

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:

Article 8, paragraph 1, of the Convention. With reference to its earlier comments, the Committee noted that the draft of the revised Labour Code took account of the amendments formulated by the Committee concerning the conditions for and limits on deductions from wages, but that the draft had not yet been enacted. The Committee hopes that the Government will take the necessary steps to enact the above draft so as to bring the national legislation into conformity with this Article of the Convention on which it has been commenting for some years.

Point V of the report form. The Committee recalls that it asked the Government to supply information on the practical application of the Convention, particularly on the results of inspection visits and the number and nature of violations recorded. The Committee hopes, therefore, that the Government will provide this information in its next report.

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:

Article 8, paragraph 1, of the Convention. The Committee noted that the draft of the revised Labour Code took account of the amendments formulated by the Committee concerning the conditions for and limits on deductions from wages, but that the draft had not yet been enacted. The Committee hopes that the Government will take the necessary steps to enact the above draft so as to bring the national legislation into conformity with this Article of the Convention on which it has been commenting for some years.

Point V of the report form. The Committee recalls that it asked the Government to supply information on the practical application of the Convention, particularly on the results of inspection visits and the number and nature of violations recorded. The Committee hopes, therefore, that the Government will provide this information in its next report.

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

Articles 3 and 5 of the Convention. With reference to its previous comments, the Committee notes with interest the fixing of the guaranteed inter-occupational minimum wage (SMIG) by Ordinance No. 91/007 of 25 February 1991.

It also notes the Government's statement that, as a result of the Recommendation of the Supreme National Conference providing, inter alia, for the SMIG to be reviewed every six months to take account of the cost of living, the Ministry of Labour and Social Welfare is currently drafting provisions which are shortly to be submitted to the National Labour Council. The Committee asks the Government to provide information on any further developments in this matter. The Committee also takes note of the information on the activities of the labour inspectorate. It hopes that the Government will continue to supply information on the practical effect given to the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 8, paragraph 1, of the Convention. With reference to its previous comments, the Committee notes that the draft of the revised Labour Code takes account of the amendments formulated by the Committee concerning the conditions for and limits on deductions from wages, but that the draft has not yet been enacted. The Committee hopes that the Government will take the necessary steps to enact the above draft so as to bring the national legislation into conformity with this Article of the Convention on which it has been commenting for some years.

Point V of the report form. The Committee recalls that it asked the Government to supply information on the practical application of the Convention, particularly on the results of inspection visits and the number and nature of violations recorded. The Committee hopes, therefore, that the Government will provide this information in its next report.

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

Articles 3 and 5 of the Convention. The Committee notes the information supplied concerning the new wages policy adopted by the Government. The Committee notes that the Executive Council has been made responsible for fixing the minimum wage on the basis of data on average family incomes and that consultations were held with the National Association of Enterprises of Zaire (ANEZA) and the National Union of Workers of Zaire (UNTZA) in order to study the ways and means of formulating a dynamic wages policy and fixing a new guaranteed minimum inter-occupational wage so as to bring wages as nearly as possible into line with the cost of living. The Committee requests the Government to report on the outcome of these consultations and to indicate whether and, if so, what new minimum wage rates have been fixed in this manner. The Committee also notes that, due to the lack of reliable statistics, the Government cannot indicate the number of workers covered by minimum wages, but that it hopes to be able to do so in its next report. The Committee hopes that the Government will be able to supply this information in the near future.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Further to its previous comments, the Committee notes that the Executive Council will take into account its comments when examining the draft of the amended Labour Code. It hopes that the Government will take the necessary steps to give effect to Article 8, paragraph 1, of the Convention following its previous direct request.

Point V of the report form. The Committee again requests the Government to provide in its next report information on the practical application of the Convention, in particular on the results of inspection and the number and nature of contraventions reported.