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

In order to provide an overview of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 131 (minimum wage) and 95 (protection of wages) in the same comment.

A.Minimum wage

Articles 3 and 4 of Convention No. 131. Elements to be considered in determining minimum wage levels. Machinery for fixing and adjusting minimum wages. The Committee previously noted that the level of the guaranteed inter-occupational minimum wage (SMIG) had not been revised since 2012. It asked the Government to provide information on the work of the Labour and Employment Advisory Committee (CCTE) on this issue, and on the manner in which socio-economic criteria will be taken into account during the forthcoming examination of the SMIG rate. In this regard, the Committee notes that, according to the Government’s report, the CCTE has not yet been convened for the work on the elements to be used as a basis for determining the minimum wage level and for the study of the minimum living wage and general economic conditions, as provided for in section 260 of the Labour Code. The Committee requests the Government to provide information on the measures taken to undertake as soon as possible the examination of the SMIG rate and its readjustment. The Committee also requests the Government: (i) to provide information on any new developments regarding the forthcoming examination of the SMIG rate and on the consultations due to take place with the social partners in this regard; and (ii) to indicate the manner in which socio-economic criteria will be taken into account during the forthcoming examination.

B.Protection of wages

Article 8(1) of Convention No. 95. Deductions from wages. The Committee previously noted section 180 of the Labour Code, under which deposits (consignations) may be envisaged in individual labour contracts, and asked the Government to provide information on these deposits and on the conditions and limits under which they can be the subject of deductions from wages. In this regard, the Committee notes the Government’s indication that conditions and limits regarding deposits are determined by section 172 of the Labour Code, which provides that in the event of any dispute over the cancellation or termination of a contract, the employer can secure from the labour tribunal president the deposit to the tribunal secretariat of all or part of the seizable portion of the sums due. The Government also indicates that the non-seizable portion of the wage is thus preserved. However, the Committee observes that section 172 of the Labour Code is only concerned with situations involving the cancellation or termination of a contract. The Committee requests the Government to clarify whether the deposits (consignations) envisaged under section 180 of the Labour Code can be the subject of deductions from wages, apart from the situations covered by section 172 of the Labour Code.

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 Conventions Nos 131 (minimum wage) and 95 (protection of wages) together.

Minimum wage

Articles 3 and 4 of Convention No. 131. Elements to be considered in determining minimum wage levels. Machinery for fixing and adjusting minimum wages. Further to its previous comments, the Committee notes the information provided in the Government’s report. Noting that the minimum interoccupational guaranteed wage (SMIG) has not been revised since 2012, the Committee requests the Government to provide information on the work of the Labour and Employment Advisory Committee (CCTE) concerning the assessment of factors which may provide the basis of the minimum wage, and the assessment of the minimum vital wage and general economic conditions, as provided for in section 260 of the Labour Code, and on the manner in which these socio-economic criteria will be taken into account during the forthcoming examination of the SMIG rates.

Protection of wages

Article 8(1) of Convention No. 95. Deductions from wages. Further to its previous comments on section 180 of the Labour Code under which deductions of wages may be made on the deposits (consignations) envisaged in individual labour contracts, and in the absence of new information on this matter, the Committee requests the Government to provide information on these deposits (consignations) and to indicate the conditions and limits in accordance with which they can be subject to deductions of wages.

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 drew the Government’s attention to the need to amend section 170 of the Labour Code of 1996 to bring it into conformity with the Convention. Indeed, that section, which has now been taken up word for word in section 180 of the new Labour Code (Act No. 2012-45 of 25 September 2012) provides that “except for compulsory levies and deposits (consignations) which may be envisaged in collective agreements and individual labour contracts, deductions may only be made on wages and salaries by means of seizure order or voluntary session”. With a view to bringing this provision into conformity with Article 8 of the Convention, the Committee had suggested the deletion of the words “and individual labour contracts” (et les contrats), while the expression “compulsory levies” (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee wishes to refer to paragraph 217 of the 2003 General Survey on the protection of wages, in which it recalls that Article 8(1) of the Convention (much like Article 4(1) regulating payments in kind) makes exclusive reference to national laws or regulations, collective agreements and arbitration awards as being the only valid legal bases for effecting deductions from wages. In both cases, the aim is clearly to exclude “private” arrangements which might involve unlawful or abusive deductions, or unsolicited payments in kind, to the detriment of the worker’s earnings. In the Committee’s opinion, provisions of national legislation which permit deductions by virtue of individual agreements or consent are not therefore compatible with Article 8(1) of the Convention. The Committee therefore once again requests the Government to take the necessary measures to bring the national legislation into conformity with this Article of the Convention.

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

Articles 2 and 3 of the Convention. Minimum wage level. The Committee notes the adoption of Decree No. 2012-359/PRN/MFP/T of 17 August 2012 setting the hourly rate of the minimum guaranteed inter-occupational wage (SMIG), which establishes the monthly minimum wage level at 30,047 CFA Francs a month (approximately US$60), compared with 27,000 CFA Francs (approximately US$56) in 2006. In this respect, the Committee notes that, under the terms of section 260 of Act No. 2012-45 of 25 September 2012 issuing the Labour Code, the Advisory Labour and Employment Commission, composed of equal numbers of employers and workers, is entrusted with examining the elements which may serve as a basis for the determination of the minimum wage, for examining the minimum subsistence level and general economic conditions. It also notes the Government’s indications that the fixing of the SMIG is based on the determination of a model budget for a single manual worker. This model budget consists of all the subsistence needs (the indispensable minimum level for an adult living alone). The model budget takes into account subsistence nutritional needs, for example sufficient nutrition in terms of calories and balanced in terms of lipids, protein, iron, calcium and the various vitamins. As no indications have been provided on the manner in which the various socio-economic criteria are taken into account, as envisaged in Article 3 of the Convention, for the evaluation of the level of the minimum wage with a view to its adjustment, including studies of the national economic situation and the cost of living index, the Committee requests the Government to provide further information on this point.

Article 4(2). Requirement of full consultations with the social partners. In its previous comment, the Committee requested the Government to provide information on the institutional framework within which consultations are held with the social partners regarding the adjustment of the SMIG. However, the Committee notes that the Government’s report does not provide a response to this question, and particularly on whether the Advisory Labour and Employment Commission was associated with the process of the latest adjustment of the SMIG. The Committee recalls that the Convention requires genuine and effective consultations with representative organizations of employers and workers at all stages of the minimum wage fixing process. The Committee therefore requests the Government to indicate the extent to which the Advisory Labour and Employment Commission referred to above was associated with the process of the adjustment of the SMIG and to provide, where appropriate, a copy of the report of its most recent discussions on minimum wage fixing.

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

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 recalls its previous comments in which it drew the Government’s attention to section 170 of the Labour Code of 1996 and requested its amendment in order to bring it in conformity with this Article of the Convention. More concretely, in view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards (but not individual labour agreements), the Committee suggested that the words “and the individual labour contract” (et les contrats) should be deleted while the expression “compulsory levies” (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee once again requests the Government to indicate the measures taken or envisaged in order to bring section 170 of the Labour Code into full conformity with Article 8(1) of the Convention.

Part V of the report form. Application in practice. Noting that no information of a general nature has been supplied for many years concerning the application of the Convention in practice, the Committee would be grateful if the Government would make an effort to collect and transmit all relevant information in this regard, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on wage conditions, extracts from labour inspection reports showing the number of inspections carried out, contraventions observed and sanctions imposed, any difficulties experienced in the enforcement of the implementing legislation, etc.

The Committee requests the Government to reply to the points raised above in the light of Act No. 2012-45 of 25 September 2012 establishing the Labour Code, section 180 of which reproduces the provisions of section 170 of the Labour Code of 1996. The Government is also requested to provide information on the current situation concerning wage arrears in the public and private sectors and the measures taken to resolve the problems experienced in this regard.

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

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

Articles 2 and 3 of the Convention. Minimum wage level. Recalling that in an earlier report the Government had indicated that the determination of the SMIG level is based on a basket of essential consumer goods, the Committee would appreciate receiving full particulars on the surveys of national economic conditions, the cost-of-living index, or other similar indicators, which were used for the readjustment of the minimum wage. In addition, the Committee requests the Government to provide some indication as to whether the SMIG’s current level may be considered to be adequate to cover the basic subsistence needs of workers and ensure a decent standard of living for them and their families.

Article 4(2). Full consultations with the social partners. The Committee recalls that the Convention requires full, genuine and effective consultations with representative organizations of employers and workers at all stages of the minimum wage fixing process. Based on the information provided by the Government in its last report, however, it is unclear whether the tripartite Labour Consultative Committee referred to in section 153 of the Labour Code has been involved in the process of reviewing the guaranteed minimum interoccupational wage. The Committee therefore requests the Government to supply additional information on the institutional framework within which consultations with the social partners were held regarding the revaluation of the SMIG, and any provision which may have already been made for future discussions on this subject.

Article 5 of the Convention and Part V of the report form. Enforcement measures. The Committee would be grateful if the Government would make an effort to collect and transmit in future reports up to date information on the practical application of the Convention, including for instance the approximate number of workers remunerated at the minimum wage rate, statistics on labour inspection results or other enforcement measures concerning minimum wages, official documents or studies on minimum wage policy, such as activity reports of the Labour Consultative Committee, etc.

The Committee requests the Government to reply to the points raised above in the light of Act No. 2012-45 of 25 September 2012 establishing the Labour Code and to transmit a copy of the most recent decrees fixing the SMIG level and the minimum pay rates by professional category of workers established by the interprofessional collective agreement.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 8(1) of the Convention. Deductions from wages. The Committee recalls its previous comments in which it drew the Government’s attention to section 170 of the Labour Code of 1996 and requested its amendment in order to bring it in conformity with this Article of the Convention. More concretely, in view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards (but not individual labour agreements), the Committee suggested that the words “and the individual labour contract” (et les contrats) should be deleted while the expression “compulsory levies” (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. As the Government’s report provides no new information on this point, the Committee once again requests the Government to indicate the measures taken or envisaged in order to bring section 170 of the Labour Code into full conformity with Article 8(1) of the Convention.

Part V of the report form. Application in practice. Noting that no information of a general nature has been supplied for many years concerning the application of the Convention in practice, the Committee would be grateful if the Government would make an effort to collect and transmit all relevant information in this regard, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on wage conditions, extracts from labour inspection reports showing the number of inspections carried out, contraventions observed and sanctions imposed, any difficulties experienced in the enforcement of the implementing legislation, etc.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 12(1) of the Convention. Payment of wages at regular intervals. The Committee notes the Government’s indication that section 206 of Decree No. 67‑126/MFP/T of 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation to pay at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis, is no longer applicable by virtue of section 343 of the Labour Code of 1996 which repeals all regulatory provisions that are not in harmony with the provisions of the Code. The Government refers to section 160 of the Labour Code which prescribes that wages have to be paid at regular intervals not exceeding 15 days in the case of workers employed by the day or week and not less often than once a month in the case of employed persons whose remuneration is calculated on a bi-monthly or monthly basis. The Government adds that the draft decree on regulations implementing the Labour Code reproduces textually the provisions of the Convention. The Committee notes the Government’s explanations and requests the Government to transmit a copy of the new regulations implementing the Labour Code as soon as it has been adopted.

With regard to the problem of wage arrears, the Committee notes the Government’s statement that, since 1999, the wages of public sector workers have been paid regularly and all previous difficulties have been resolved following the establishment of the Committee for the Settlement of the Internal State Deficit (CADIE). The Committee understands that the committee responsible for the settlement of wage arrears has reportedly announced the completion of its mission in July 2008 after having paid a total of 6 billion CFA francs (approximately US$13 million) of wage arrears to public employees. The Committee would appreciate if the Government would clarify whether any difficulties remain regarding the payment of wages on time and in full in either the public or private sector, or whether any measures have been taken or planned to prevent similar situations in the future.

The Committee is raising other points in a request addressed directly to the Government.

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

Articles 2 and 3 of the Convention. Minimum wage level. The Committee has been drawing the Government’s attention for many years to the need to readjust the level of the guaranteed minimum interoccupational wage (SMIG) which has not been increased since 1980. In this connection, the Committee notes with interest the adoption of Decree No. 2006-058/PRN/MFP/T of 8 March 2006 setting the SMIG monthly rate at 20,000 Communauté Financière Africaine francs (XOF) (approximately US$40). It also notes the adoption of Decree No. 2006-059/PRN/MFP/T of 8 March 2006 which fixes minimum wage rates by branch of economic activity and occupational category for those workers covered by the interprofessional collective agreement. Recalling that in an earlier report the Government had indicated that the determination of the SMIG level is based on a basket of essential consumer goods, the Committee would appreciate receiving full particulars on the surveys of national economic conditions, the cost-of-living index, or other similar indicators, which were used for the readjustment of the minimum wage. In addition, the Committee requests the Government to provide some indication as to whether the SMIG’s current level may be considered to be adequate to cover the basic subsistence needs of workers and ensure a decent standard of living for them and their families.

Article 4(2). Full consultations with the social partners. Moreover, the Committee recalls that the Convention requires full, genuine and effective consultations with representative organizations of employers and workers at all stages of the minimum wage fixing process. Based on the information provided by the Government in its report, however, it is unclear whether the tripartite Labour Consultative Committee referred to in section 153 of the Labour Code has been involved in the process of reviewing the guaranteed minimum interoccupational wage. The Committee therefore requests the Government to supply additional information on the institutional framework within which consultations with the social partners were held regarding the revaluation of the SMIG, and any provision which may have already been made for future discussions on this subject. The Committee would also appreciate receiving a copy of the Protocol of Agreement of 16 September 2005 to which reference was made in the Government’s report.

Article 5 of the Convention and Part V of the report form. Enforcement measures. The Committee would be grateful if the Government would make an effort to collect and transmit in future reports up to date information on the practical application of the Convention, including for instance the approximate number of workers remunerated at the minimum wage rate, statistics on labour inspection results or other enforcement measures concerning minimum wages, official documents or studies on minimum wage policy, such as activity reports of the Labour Consultative Committee, etc.

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

Article 12, paragraph 1, of the Convention. Payment of wages at regular intervals. The Committee has been commenting for a number of years on the need to amend section 206 of Decree No. 67-126/MFP/T of 1967 which exempts all agricultural, industrial and commercial undertakings from the obligation to pay at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis. Regrettably, the Government’s last report does not provide any further explanations on this point. The Committee wishes to refer, in this connection, to Paragraph 4 of the Protection of Wages Recommendation, 1949 (No. 85), which specifies that the maximum intervals for the payment of wages should ensure that wages are paid not less than twice a month at intervals not exceeding 16 days in the case of workers whose wages are calculated by the hour, day or week, and not less than once a month in the case of employed persons whose remuneration is fixed on a monthly or annual basis. Moreover, the Committee recalls paragraph 355 of its General Survey of 2003 on protection of wages in which it pointed out that “the rationale underlying [this Article of the Convention] is to discourage long wage payment intervals and thus to minimize the likelihood of indebtedness among the workers [since] the quintessence of wage protection is the assurance of a periodic payment allowing the worker to organize his everyday life with a reasonable degree of certainty and security”. The Committee therefore once again urges the Government to take appropriate steps to ensure that all workers without exception to whom wages are paid or payable receive their wages at regular intervals thus giving full effect to section 160 of the Labour Code which provides that wages must be paid every 15 days for those employed by the day or week and once a month for those employed by fortnight or month.

In addition, the Committee recalls its previous comment in which it had requested the Government to supply detailed information on the situation of accumulated wage arrears to which the ILO Committee on Freedom of Association had alluded on an earlier occasion. The Committee understands that, in 2002, the estimated amount of public pay arrears, including wage arrears, stood at 132 billion Communauté Financière Africaine (CFA) francs and that, since the establishment of the Autonomous Centre for the State-owed Arrears Settlement (CADIE) in 2000, the Government has been pursuing a strict arrears audit policy. As a result, in 2006, the total amount of arrears was reduced by CFA14 billion. The Committee of Experts has consistently taken the view that the delayed payment of wages or the accumulation of wage debts clearly contravenes the letter and the spirit of the Convention and render the application of most of its other provisions simply meaningless. In the absence of any concrete information provided by the Government on this point, the Committee is obliged to once more ask the Government to provide full particulars about the nature and extent of the persistent difficulties concerning the timely payment of wages, especially in the public sector, and the measures or initiatives taken in order to settle all outstanding payments and prevent the recurrence of similar problems in the future.

[The Government is asked to reply in detail to the present comments in 2009.]

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

The Committee recalls that for many years it has referred to section 206 of Decree No. 67-126/MFP/T of 1967 which exempts all agricultural, industrial and commercial undertakings from the obligation to pay at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis, and which is therefore incompatible with Article 12, paragraph 1, of the Convention. In its latest report, the Government repeats the declarations it made previously, namely that section 158 of the 1996 Labour Code, which stipulates that employers may not limit in any manner the freedom of workers to dispose of their wages as they choose, renders the prescriptions of section 206 of the aforementioned decree null and void and that, moreover, this section has long had no practical application. Once again, the Committee must stress that the Government’s reference to section 158 of the Labour Code is strictly irrelevant to the principle of payment of wages at regular intervals since this section relates to the worker’s freedom to dispose of his/her wages once received. It therefore urges the Government to take the necessary measures to abrogate section 206 of the 1967 Decree as soon as possible and thus guarantee application of Article 12, paragraph 1, of the Convention. The Committee also notes that the draft Regulations implementing the Labour Code have still not been finalized. It therefore requests the Government to keep it informed of any progress made in this respect and to furnish a copy of the new regulations once adopted.

Furthermore, the Committee notes that in its complaint against the Government of Niger submitted in June 2003 and examined by the Committee on Freedom of Association in March 2004 (Case No. 2288), the Democratic Federation of Workers of Niger (CDTN) alleged an accumulation of wage arrears and failure by the Government to comply with the payments schedule. While recalling the conclusions of the Committee which stressed the importance of consultation with trade union organizations when rationalization or restructuring programmes are envisaged in public enterprises or institutions, the Committee requests the Government to supply in its next report detailed information on the nature and extent of the problem of delayed payment of wages, the number of workers concerned and the sectors chiefly affected, as well as measures taken to put an end to such practices. In this connection, the Committee refers to paragraph 374 of its 2003 General Survey on the protection of wages in which it stated that bringing the accumulation of wage arrears to an end requires sustained efforts, an open and continuous dialogue with the social partners and a wide range of measures, not only at the legislative level but also in practice. The Committee also considers that in view of the complexity of the issues related to the deferred payment of wages, viable solutions may be found only in cooperation with the social partners since social dialogue is the only way of sharing the burden of economic reforms and especially painful structural changes while preserving social peace.

Finally, the Committee requests the Government to include in its next report specific explanations in response to the matters raised in the Committee’s  last direct request.

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

With reference to its previous comments, the Committee notes the Government’s statement to the effect that consideration is being given to holding discussions with the social partners regarding the adjustment of the guaranteed minimum inter-occupational wage (SMIG). The Committee is aware that minimum wage rates depend heavily on the economic, social and political conditions in each country and that Niger has been suffering a serious economic and social crisis for many years. Nevertheless, the Committee recalls that the fundamental purpose of the Convention is to guarantee workers a minimum wage allowing them a decent standard of living and that this purpose can be truly pursued only if minimum wage rates are re-examined periodically on the basis of the evolution of the country’s various socio-economic indicators. The Committee  also recalls the conclusions of the Committee on Freedom of Association which, in the framework of the complaint presented by the Democratic Federation of Workers of Niger (CDTN) (Case No. 2288), stressed the importance of a true and constructive social dialogue with a view to remedying the difficult economic situation the country has been experiencing for 20 years. The Committee trusts that the Government will spare no effort to readjust the SMIG, in accordance with Article 4, paragraph 1, of the Convention, and requests the Government to indicate in its next report any progress made in this regard.

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

The Committee notes the information provided by the Government concerning the application of Articles 4, 10 and 14(a) of the Convention.

Article 8, paragraph 1, of the Convention. The Committee has been requesting the Government to clarify the meaning of section 170 of the Labour Code of 1996 under which deductions may be made for deposits (consignations) prescribed by individual contracts of employment. In view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards, the above provision would need to be revised and therefore the Committee would suggest that the words "and the individual labour contract" (et les contrats) should be deleted while the expression "compulsory levies" (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee requests the Government to take the necessary steps at the first suitable opportunity in order to bring the national legislation into conformity with this Article of the Convention and to report on any progress made in this respect.

Part V of the report form. The Committee notes that the Government has not supplied in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. The Committee requests therefore the Government to make every effort to obtain and communicate in its next report concrete information, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, as well as any other particulars on the effect given to the Convention in practice.

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

Further to its previous observation concerning the need to repeal section 206 of Decree No. 67-126/MFP/T of 1967 which exempts all agricultural, industrial and commercial undertakings from the obligation to pay at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis, the Committee notes with regret that the Government is still unable to report any concrete progress. The Government had previously transmitted a copy of the records of the March-April 2002 session of the tripartite Labour Consultative Committee in which a draft Decree to regulate the application of the Labour Code was examined, while in its last report the Government confined itself to indicating that the draft Decree in question is still in the process of adoption. The Committee urges the Government to take at last the necessary measures to ensure the application of Article 12, paragraph 1, of the Convention on which it has been commenting for many years and to forward a copy of the Decree regulating the application of the Labour Code once it has been adopted.

The Committee is addressing a request directly to the Government on certain other points.

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

For many years, the Committee has been drawing the Government’s attention to the requirements of Article 4, paragraph 1, of the Convention and the need to readjust the guaranteed minimum inter-occupational wage (SMIG) which has not been revised since December 1980. In response to the Committee’s comments, the Government refers to the persistent economic and financial crisis and states that the SMIG and other minimum wages by occupational category will be revised as soon as national conditions may allow it. In this connection, the Committee is obliged to recall that a system of minimum wages serves no useful purpose as a measure of social protection designed to overcome poverty and to ensure the satisfaction of the workers’ subsistence needs unless minimum wage rates are periodically reviewed in light of the socio-economic conditions prevailing in the country. The Committee considers that when minimum rates of pay are systematically left to lose most of their value so that they ultimately bear no relationship with the real needs of the workers, minimum wage fixing is in fact reduced to a mere formality devoid of any substance. The Committee hopes that, more than 20 years after ratifying the Convention, the Government will take the necessary measures to reactivate the minimum wage fixing machinery and thus ensure the effective application of the Convention in practice.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

In its previous comments, the Committee noted that the rate of the minimum wage (SMIG) and of the minimum wages by occupational category had not been adjusted since 1980.

In its latest report, the Government provides the Committee with information on the economic and financial crisis experienced by the country for several years, which has made it impossible for the State to honour its financial commitments. The Committee notes that, according to the Government, the devaluation of the currency in 1994 has not achieved the expected results for the country and that the various successive governments since then have engaged rapidly in negotiations with the trade unions. In 1997, the Government and the trade unions reached an agreement under which the State was to pay wages every 42 days, a period considered to be a "civil month". The Committee notes that, according to the Government’s report, wage arrears have continued to accumulate despite this agreement. According to the Government, collaboration between the Government and the trade unions has been strengthened by the establishment of a National Observatory of Public Finances. Workers and employers are associated with the management of the state finances through this institution.

With regard to the payment of wage arrears and the intervals at which wages are to be paid, the Committee requests the Government to see its comments under Convention No. 95.

With regard to minimum wages, the Committee once again recalls that a member State which ratifies the Convention undertakes to adjust minimum wages from time to time, in accordance with Article 4(1) of the Convention. The Committee therefore hopes that the Government will be able to provide information on the measures which have been adopted or are envisaged with a view to ensuring the adjustment of minimum wage rates. Furthermore, the Committee requests the Government to indicate the consultations held with representatives of organizations of employers and workers concerned, in accordance with Article 4(3).

In view of the circumstances described by the Government in its report, the Committee requests it to provide information on the measures adopted to ensure the effective application of the provisions concerning minimum wages, in accordance with Article 5 of the Convention, and in particular to indicate the duties and powers of the inspectors responsible for supervision of the application of minimum wages and, where appropriate, the sanctions applied when violations are found to have occurred.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

The Committee notes with interest the adoption of Order No. 96-039 of 29 June 1996 establishing the Labour Code. In this connection, it requests the Government to supply further information on the following points.

Article 4 of the Convention. The Committee notes that, according to section 158 of the new Labour Code, the payment of wages in kind, wholly or in part, is prohibited subject to the provisions of section 151. The Committee asks the Government to clarify the relationship between the general prohibition of wage payment in kind set out in section 158 and the specific requirement for the supply of accommodation and essential foodstuffs laid down in section 151 of the Labour Code.

Articles 8 and 10. The Committee notes that by virtue of section 170 of the Labour Code, deductions may be made for deposits ("consignations") provided for in work contracts. It requests the Government to supply detailed information on the abovementioned deposits. In addition, the Committee requests the Government to provide up-to-date information on the regulations establishing the portions of wages subject to progressive deductions and the corresponding rates as required under section 171 of the Labour Code.

Article 14(a). The Committee requests the Government to indicate the legal provisions concerning the measures to ensure that workers are informed before they enter employment of the conditions in respect of wages under which they are employed.

[The Government is asked to reply in detail to the present comments in 2003.]

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the Government’s report. It also notes with interest the adoption of Order No. 96-039 of 29 June 1996 establishing the Labour Code.

At the same time, the Committee notes with regret that the Government has reported no progress on the observation it has been making for more than 30 years concerning section 206 of Decree No. 67-126/MFP/T of 7 September 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation of paying at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis, and therefore is incompatible with the requirements of Article 12(1) of the Convention and needs to be amended. The only progress reported is the indication that the provision in question will be repealed in the context of the elaboration of new regulations following the adoption of the new Labour Code. Recalling that several times in the past the Government had announced that it was planning to repeal this section within the framework of a general revision of the legislation in force, the Committee can only hope that the Government will make every effort to take the necessary action without further delay.

Moreover, the Committee notes the Government’s reference to section 158 of the new Labour Code which stipulates that employers may not limit in any manner the freedom of workers to dispose of their wages as they choose. The Government indicates that this new provision aims at better implementing the requirements of the Convention while it renders null and void section 206 of the Decree of 7 September 1967 which, in any event, is no longer applied in practice. In this respect, the Committee feels obliged to observe that, even though section 158 of the new Labour Code seems in principle to give effect to the provision of Article 6 of the Convention concerning the free disposal of wages, it has little bearing with Article 12(1) of the Convention, and thus with section 206 of the abovementioned Decree, which seeks to protect workers against irregular payments and wage arrears by requiring the payment of wages at regular intervals. The Committee asks the Government to include in its next report any information on legislative measures taken or contemplated to ensure that workers employed in agricultural, industrial and commercial undertakings receive their wages at regular intervals in conformity with the relevant provisions of the Convention.

The Committee is addressing a request directly to the Government on certain other points.

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

[The Government is asked to reply in detail to the present comments in 2003.]

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

The Committee notes with interest the adoption of Order No. 96-039 of 29 June 1996 establishing the Labour Code. In this connection, it requests the Government to supply further information on the following points.

Article 4. The Committee notes that, according to section 158 of the new Labour Code, the payment of wages in kind, wholly or in part, is prohibited subject to the provisions of section 151. The Committee asks the Government to clarify the relationship between the general prohibition of wage payment in kind set out in section 158 and the specific requirement for the supply of accommodation and essential foodstuffs laid down in section 151 of the Labour Code.

Articles 8 and 10. The Committee notes that by virtue of section 170 of the Labour Code, deductions may be made for deposits ("consignations") provided for in work contracts. It requests the Government to supply detailed information on the abovementioned deposits. In addition, the Committee requests the Government to provide up-to-date information on the regulations establishing the portions of wages subject to progressive deductions and the corresponding rates as required under section 171 of the Labour Code.

Article 14(a). The Committee requests the Government to indicate the legal provisions concerning the measures to ensure that workers are informed before they enter employment of the conditions in respect of wages under which they are employed.

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

The Committee notes the Government’s report. It also notes with interest the adoption of Order No. 96-039 of 29 June 1996 establishing the Labour Code.

At the same time, the Committee notes with regret that the Government has reported no progress on the observation it has been making for more than 30 years concerning section 206 of Decree No. 67-126/MFP/T of 7 September 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation of paying at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis, and therefore is incompatible with the requirements of Article 12(1) of the Convention and needs to be amended. The only progress reported is the indication that the provision in question will be repealed in the context of the elaboration of new regulations following the adoption of the new Labour Code. Recalling that several times in the past the Government had announced that it was planning to repeal this section within the framework of a general revision of the legislation in force, the Committee can only hope that the Government will make every effort to take the necessary action without further delay.

Moreover, the Committee notes the Government’s reference to section 158 of the new Labour Code which stipulates that employers may not limit in any manner the freedom of workers to dispose of their wages as they choose. The Government indicates that this new provision aims at better implementing the requirements of the Convention while it renders null and void section 206 of the Decree of 7 September 1967 which, in any event, is no longer applied in practice. In this respect, the Committee feels obliged to observe that, even though section 158 of the new Labour Code seems in principle to give effect to the provision of Article 6 of the Convention concerning the free disposal of wages, it has little bearing with Article 12(1) of the Convention, and thus with section 206 of the abovementioned Decree, which seeks to protect workers against irregular payments and wage arrears by requiring the payment of wages at regular intervals. The Committee asks the Government to include in its next report any information on legislative measures taken or contemplated to ensure that workers employed in agricultural, industrial and commercial undertakings receive their wages at regular intervals in conformity with the relevant provisions of the Convention.

The Committee is addressing a request directly to the Government on certain other points.

[The Government is asked to report in detail in 2002.]

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

In its previous comments, the Committee noted that the rate of the minimum wage (SMIG) and of the minimum wages by occupational category had not been adjusted since 1980.

In its latest report, the Government provides the Committee with information on the economic and financial crisis experienced by the country for several years, which has made it impossible for the State to honour its financial commitments. The Committee notes that, according to the Government, the devaluation of the currency in 1994 has not achieved the expected results for the country and that the various successive governments since then have engaged rapidly in negotiations with the trade unions. In 1997, the Government and the trade unions reached an agreement under which the State was to pay wages every 42 days, a period considered to be a "civil month". The Committee notes that, according to the Government’s report, wage arrears have continued to accumulate despite this agreement. According to the Government, collaboration between the Government and the trade unions has been strengthened by the establishment of a National Observatory of Public Finances. Workers and employers are associated with the management of the state finances through this institution.

With regard to the payment of wage arrears and the intervals at which wages are to be paid, the Committee requests the Government to see its comments under Convention No. 95.

With regard to minimum wages, the Committee once again recalls that a member State which ratifies the Convention undertakes to adjust minimum wages from time to time, in accordance with Article 4(1) of the Convention. The Committee therefore hopes that the Government will be able to provide information on the measures which have been adopted or are envisaged with a view to ensuring the adjustment of minimum wage rates. Furthermore, the Committee requests the Government to indicate the consultations held with representatives of organizations of employers and workers concerned, in accordance with Article 4(3).

In view of the circumstances described by the Government in its report, the Committee requests it to provide information on the measures adopted to ensure the effective application of the provisions concerning minimum wages, in accordance with Article 5 of the Convention, and in particular to indicate the duties and powers of the inspectors responsible for supervision of the application of minimum wages and, where appropriate, the sanctions applied when violations are found to have occurred.

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

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

Article 12, paragraph 1, of the Convention.  In its previous direct request, the Committee noted that a periodical meeting of the labour and social security officers, enlarged to include employers’ and workers’ organizations, which was held in February 1991, had recommended the repeal of section 206 of the Decree of 7 September 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation of paying at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis. It notes that the Government refers once again in its report to a recommendation made by the above meeting. The Committee also notes the Government’s indications that this section of the Decree has not been given any effect in practice for a long time and that the revision of the Labour Code which was to have taken into account this recommendation has still not been carried out.

The Committee hopes that the Government will be in a position to report in the near future the progress achieved in bringing this provision into conformity with the Convention and with the practice described by the Government.

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:

With reference to its previous comments, the Committee notes the Government's indication in its report that the rates of the minimum wage (SMIG) and of minimum wages for each occupational category have not been adjusted since 1980. The Committee wishes to point out to the Government that every member State ratifying this Convention is required to adjust minimum wages from time to time, in accordance with Article 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether representatives of organizations of employers and workers were consulted in accordance with Article 4, paragraph 3, concerning the decision not to adjust minimum wages.

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:

With reference to its previous comments, the Committee notes the Government's indication in its report that the rates of the minimum wage (SMIG) and of minimum wages for each occupational category have not been adjusted since 1980. The Committee wishes to point out to the Government that every member State ratifying this Convention is required to adjust minimum wages from time to time, in accordance with Article 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether representatives of organizations of employers and workers were consulted in accordance with Article 4, paragraph 3, concerning the decision not to adjust minimum wages.

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:

With reference to its previous comments, the Committee notes the Government's indication in its report that the rates of the minimum wage (SMIG) and of minimum wages for each occupational category have not been adjusted since 1980. The Committee wishes to point out to the Government that every member State ratifying this Convention is required to adjust minimum wages from time to time, in accordance with Article 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether representatives of organizations of employers and workers were consulted in accordance with Article 4, paragraph 3, concerning the decision not to adjust minimum wages.

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

Article 12, paragraph 1, of the Convention. In its previous direct request, the Committee noted that a periodical meeting of the labour and social security officers, enlarged to include employers' and workers' organizations, which was held in February 1991, had recommended the repeal of section 206 of the Decree of 7 September 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation of paying at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis. It notes that the Government refers once again in its report to a recommendation made by the above meeting. The Committee also notes the Government's indications that this section of the Decree has not been given any effect in practice for a long time and that the revision of the Labour Code which was to have taken into account this recommendation has still not been carried out.

The Committee hopes that the Government will be in a position to report in the near future the progress achieved in bringing this provision into conformity with the Convention and with the practice described by the Government.

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

The Committee notes with regret that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Article 12, paragraph 1, of the Convention. With reference to the previous direct request, the Committee notes the Government's statement in its earlier report that for the purpose of the next revision of the Labour Code, consultation had been made with social partners, including the employers' and workers' organizations. It also noted in this connection that a periodical meeting of the labour and social security officers enlarged to include employers' and workers' organizations, which was held in February 1991, had recommended the repeal of section 206 of the Decree of 7 September 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation of paying at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis. It hopes that the Government will be able to indicate in its further report that further progress has been made in this regard.

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

With reference to its previous comments, the Committee notes the Government's indication in its report that the rates of the minimum wage (SMIG) and of minimum wages for each occupational category have not been adjusted since 1980. The Committee wishes to point out to the Government that every member State ratifying this Convention is required to adjust minimum wages from time to time, in accordance with Article 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether representatives of organizations of employers and workers were consulted in accordance with Article 4, paragraph 3, concerning the decision not to adjust minimum wages.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 12, paragraph 1, of the Convention. With reference to the previous direct request, the Committee notes the Government's statement in its report that for the purpose of the next revision of the Labour Code, consultation has been made with social partners, including the employers' and workers' organisations. It also notes in this connection that a periodical meeting of the labour and social security officers enlarged to include employers' and workers' organisations, which was held in February 1991, recommended the repeal of section 206 of the Decree of 7 September 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation of paying at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis. It hopes that the Government will be able to indicate in its further report that further progress has been made in this regard.

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

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 12, paragraph 1, of the Convention. The Committee notes the information supplied by the Government to the effect that section 206 of the Decree of 7 September 1967 is not applied in practice and that the Government is planning to repeal it within the framework of a general revision of the legislation that is in force. The Committee would be grateful if the Government would supply information in its next report concerning the steps taken in order to bring the national legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government in its reports and requests it to state whether the rates of the guaranteed inter-occupational minimum wage (SMIG) and of minimum wages for each occupational category, which are determined by a Decree of the President of the Council for National Guidance, have been adjusted in recent years in accordance with Article 4, paragraph 1, of the Convention, and if so, to provide the relevant texts.

The Committee would also be grateful if the Government would provide information on the manner in which the Convention is applied in practice (such as extracts from inspection reports on this subject and any other relevant documents).

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

Article 12, paragraph 1, of the Convention. The Committee notes the information supplied by the Government to the effect that section 206 of the Decree of 7 September 1967 is not applied in practice and that the Government is planning to repeal it within the framework of a general revision of the legislation that is in force. The Committee would be grateful if the Government would supply information in its next report concerning the steps taken in order to bring the national legislation into conformity with the Convention.