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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and 95 (protection of wages) together.

Article 4 of Conventions Nos 26 and 99 and Article 15(c) of Convention No. 95. Enforcement and sanctions. The Committee notes that, in response to its previous comment on Convention No. 95 concerning actions taken by the labour inspectorate in the area of sanctions, the Government, in its report, merely provides general information on the powers of labour inspectors and indicates that the data on the number and nature of infringements noted will be incorporated into the new statistical data collection sheet. The Committee also notes that the Labour Code does not appear to contain provisions for specific sanctions in the case of non-compliance with the applicable minimum wage rates. In this respect, the Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81) regarding the obligation to prepare a report on the labour inspection services. The Committee requests the Government to provide information on actions taken by the labour inspectorate in the area of sanctions for infringements of the legislation giving effect to Convention No. 95, and of the applicable minimum wage rates, including the number and nature of infringements noted, the measures taken to put an end to them, and the sanctions imposed, as well as the outcome of court proceedings, where relevant.

Minimum wages

Article 3 of Conventions Nos 26 and 99. Methods of minimum wage fixing. Further to its previous comment, the Committee notes that, according to the Government’s information, the amount of the new guaranteed minimum agricultural wage (SMAG) has been approved by the social partners in the Standing Independent Consultation Committee (CIPC), the Labour Advisory Commission (CCT) has issued its opinion, and the adoption of the implementing decree is pending. The Committee also notes the Government’s indication that the negotiations for the re-evaluation of the guaranteed inter-occupational minimum wage rate (SMIG) are under way in the CIPC. The Committee requests the Government to continue to provide information on the negotiations initiated in order to re-evaluate the SMIG and the SMAG in application of section 31.8 of the Labour Code as well as the outcome of those, where relevant.

Wage protection

Articles 1 and 2 of Convention No. 95. Scope of application. The Committee notes that under the terms of section 2 of the Labour Code, the provisions of the latter are not applicable to persons appointed to a permanent public administration post and that workers employed in the service of the State or public associations that come under special regulations are excluded, within the limits of those regulations and of the general precepts of administrative law, from the scope of application of the Labour Code. The Committee notes that, apart from sections 10, 11, 61 and 155 of the General Public Service Regulations, which give effect to Articles 12 and 14 of the Convention, and section 180 of Decree No. 93-607 of 2 July 1993, laying down common terms for the application of the General Public Service Regulations, which gives effect to Article 8 of the Convention, the above texts applicable to public servants do not appear to cover the question of the protection of wages of these employees. The Committee therefore requests the Government to indicate the manner in which effect is given to the other provisions of the Convention in the public service.

Article 4(1) and (2). Partial payment of wages in kind. The Committee notes that in response to its previous comment, the Government indicates that the implementing decree of section 31.7 of the Labour Code has not yet been adopted and that the issue of partial payment of wages in kind will be presented to the social partners. In this context, the Committee once again requests the Government to provide information on any measures taken or envisaged, including the adoption of implementing regulations for section 31.7 of the Labour Code, to ensure that the payment of wages in kind may only be partial and that: (i) such allowances are appropriate for the personal use and benefit of the worker and their family; and (ii) the value attributed to such allowances is fair and reasonable. It also requests the Government to provide information on any discussions with the social partners on this issue and, where possible, the outcome of those.

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 labour inspection, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and 95 (protection of wages) together. It notes the observations of the General Confederation of Enterprises of Côte d’Ivoire, received in 2016, on the application of Conventions Nos 26 and 99.

Minimum wages

Articles 1 and 2 of Convention No. 26, Article 1 of Convention No. 99. Scope of application of the minimum wage-fixing machinery. Further to its previous comments, the Committee notes the Government’s indication in its report that the new Labour Code, adopted in 2015, provides that young people receive the same wage as other workers in the same professional category.

Article 3 of Conventions Nos 26 and 99. Methods of minimum wage fixing. In its previous comments, the Committee requested the Government to provide information on any measures taken or envisaged to revise the guaranteed inter-occupational minimum wage rate (SMIG) and the guaranteed minimum agricultural wage (SMAG), which have not been revised since 1994. The Committee notes with interest that the new SMIG was adopted by decree No. 2013-791 of 20 November 2013 and that, following this re-evaluation of the SMIG, discussions were held leading to the determination of the new scale for minimum wages by category, established by agreement, through decree No. 2015-855/MEMEASFP/CAB of 30 December 2015. The Committee also notes, however, the absence of information on the re-evaluation of the SMAG, despite the agreement reached in the Standing Independent Consultation Committee, according to the observations of the General Confederation of Enterprises of Côte d’Ivoire. The Committee notes the Government’s indication that the principle of negotiating the SMIG and SMAG rates every three years in the Labour Advisory Council was introduced into the 2015 Labour Code, through section 31.8. The Committee therefore requests the Government to provide information on the re-evaluation of the SMAG, as well as on the results of any negotiations on the minimum wage held since 2015 under section 31.8 of the Labour Code.

Wage protection

Article 4(1) and (2) of Convention No. 95. Partial payment of wages in kind. The Committee notes that, under section 31.1 of the 2015 Labour Code, benefits in kind are included in the definition of wages. Section 31.7 of the Labour Code provides in particular that housing and food supplies provided by the employer are part of the wage, and that the conditions of these benefits are set by decree. In addition, while the payment of wages in kind cannot be imposed, under section 32.1 of the Code, such payments, whether partial or total, seem to be voluntarily accepted by workers. The Committee recalls that only the payment of part of the wage in kind can be authorized under Article 4, and that adequate measures must be taken to ensure that: (a) such allowances are appropriate for the personal use and benefit of the worker and his or her family; and (b) the value attributed to such allowances is fair and reasonable. The Committee therefore requests the Government to provide information on the measures taken to ensure that the payment of wages in kind may only be partial and that: (a) such allowances are appropriate for the personal use and benefit of the worker and his or her family; and (b) the value attributed to such allowances is fair and reasonable. It also requests the Government to indicate whether implementing regulations for section 31.7 of the Labour Code have been adopted.

Article 12(1). Payment of wages at regular intervals. In its previous comments, the Committee requested the Government to provide an updated account on the current wage arrears situation. The Government indicates that: (i) in the public sector, there are no wage arrears; (ii) in the semi-public sector, the situation is largely regularized, particularly in the postal services where all wage arrears have been paid; (iii) in the private sector, there are wage arrears situations but most employers regularly pay their workers’ wages; and (iv) this trend is supported by the activities of the Labour Inspectorate in terms of awareness raising, monitoring of enterprises and dispute settlement to encourage reluctant employers to pay wages in accordance with legal requirements. The Committee notes this information.

Article 15, clause (c). In its previous comments, the Committee requested the Government to provide information concerning the revision of the Labour Code and the introduction of dissuasive sanctions for the delayed payment or non-payment of wages. The Committee notes that the new Labour Code, adopted in 2015, does not contain provisions setting out specific penalties in this area. According to information provided by the Government, the relevant legislation and regulations are enforced through visits and inspections in enterprises by the Labour Inspectorate, which has the power to impose penalties (fines) and can refer cases to the courts. The Committee therefore requests the Government to provide information on the activities of the Labour Inspectorate in this area, including the number and nature of the infringements registered, the measures taken to eliminate those and the penalties imposed, as well as the outcome of cases brought before the courts, where relevant.

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

Article 3(1) of the Convention. Methods for fixing and adjusting the minimum wage. The Committee recalls its previous comment in which it noted that the guaranteed interoccupational minimum wage (SMIG) was last reviewed in 1994 and that the Labour Advisory Committee appeared to be no longer functioning. In its last report, the Government provided information on the theoretical calculation of the SMIG on the basis of 140 essential consumer goods and on the role of the Labour Advisory Committee in the mechanism for increasing minimum wage rates fixed by agreement. The Government confirmed, however, that the minimum wage has remained effectively unchanged for more than 17 years and, consequently, the Labour Advisory Committee has been unable to give its opinion on any revision thereof. The Committee notes the Government’s statement that discussions concerning the new amount of the minimum wage culminated in a unanimous agreement between the Government and the social partners, and a decree establishing the new minimum wage is due to be adopted once the comprehensive reform of the National Social Security Fund (CNPS), which indexes some of its benefits to the amount of the minimum wage, has been completed. It also notes the recommendation signed by the social partners calling for the SMIG to be reset at CFA francs 60,000 (approximately US$119) and proposing a meeting of the Labour Advisory Committee for this purpose. The Committee hopes that the rate of the SMIG will be revised in the very near future in such a way as to guarantee a decent standard of living for workers and their families, and requests the Government to keep the Office informed of any measures taken or contemplated in this regard. Moreover, the Committee would be particularly interested to receive copies of statistics and surveys, especially the survey of family budgets conducted by the statistics service, used by the Labour Advisory Committee as a basis for its work, and also copies of branch collective agreements fixing minimum wage rates.

Article 3(2)(3). Different minimum wage rates based on age. According to the Government’s report, section 23.2 of the preliminary draft amendments prepared in September 2010 to the Labour Code states that young workers shall not be paid at a lower rate or be placed in a lower occupational category on account of their age. The Committee requests the Government to send a copy of this preliminary draft to the Office.

Article 5 and Part V of the report form. Practical application. The Committee notes that, because of the current socio-political situation, the Government faces increasing difficulties in the collection of specific data concerning the application of the legislation to the minimum wage rate. It hopes that the Government will soon be in a position to compile and send general information on the manner in which the Convention is applied in practice, including statistics on the number of workers paid at the minimum wage rate and extracts from the reports of the inspection services indicating the number and nature of reported infringements and the corrective action taken.

Finally, the Committee wishes to take 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 respects. The Committee therefore suggests that the Government contemplate 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)

Article 1(1) of the Convention. Fixing and adjusting minimum wages. The Committee notes the Government’s statement that the problems of adjusting the guaranteed minimum agricultural wage (SMAG) are among its main concerns. In its report, the Government explains that the lack of progress in this area is due in part to the debate about the possible replacement of the agricultural sector by an agro-industrial sector and the need for the sectors first to be defined. It adds that the Ministry of Labour would like to see the guaranteed minimum interoccupational wage (SMIG) extended to the agricultural sector and to have benefits in kind evaluated and incorporated in the base for calculation of the wage of agricultural workers. To this end, an ad hoc Standing Independent Consultation Committee (CIPC) has been given responsibility for visiting agricultural enterprises, inter alia to evaluate the benefits in kind received by workers and incorporate them in the base for calculating their pay. The Government states in its report that in view of the current social and political crisis, such visits have been suspended and will resume as soon as circumstances allow. While noting the efforts made by the Government in cooperation with the social partners to establish instruments for minimum wage fixing that are suited to the needs of agricultural workers and their families, the Committee again observes that the rate of the SMAG has not been adjusted since 1994. It points out that only by periodically readjusting the minimum wage rate is it possible to ensure maintenance of the purchasing power of workers and their families as measured against a basket of specific basic products. It also stresses that unless the minimum wage rate is adjusted in the light of the country’s social and economic circumstances, the wage fixing system could well lose all meaning as a measure for social protection and combating poverty. The Committee wishes to draw attention in this connection to its general observation of 2009, in which it referred to the Global Jobs Pact, adopted in June 2009 by the International Labour Conference in response to the world economic crisis, which focuses in particular on the need to strengthen respect for international labour standards and expressly cites the ILO instruments on wage fixing as relevant to the prevention of a downward spiral in labour conditions and to building recovery (paragraph 14). The Global Jobs Pact furthermore suggests that governments should consider options such as minimum wages that can reduce poverty and inequity, increase demand and contribute to economic stability (paragraph 23) and that in order to avoid deflationary wage spirals, minimum wages should be regularly reviewed and adapted (paragraph 12). The Committee trusts that the Government will make a point of adopting measures promptly to adjust the SMAG and asks it to keep the Office informed of all developments in this regard.

Article 5 and Part V of the report form. Application in practice. Aware of the Government’s difficulties in monitoring observance of the legislation on minimum wages owing to the current social and political situation and an ongoing lack of material resources, the Committee hopes that the Government will be in a position to provide information in its future reports on the manner in which the Convention is applied in practice, including statistics of the number of workers paid at the SMAG rate, and extracts of reports by the inspection services indicating the number and nature of contraventions reported and the measures taken to remedy them.

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

Article 12 of the Convention. Payment of wages at regular intervals. Further to its previous comments concerning persistent problems with the timely payment of wages, the Committee notes the Government’s statement that even though there are currently no wage arrears in the public and semi-public sector, the situation in the private sector is different with an increasing number of enterprises experiencing difficulties with the regular payment of wages. The Government adds that according to labour inspection reports, infringements of the labour legislation related to the timely payment of wages are observed more and more frequently due to the socio-political crisis in the country but also because of the lack of legal sanctions. In this connection, the Government indicates that one of the major innovations of the new draft Labour Code currently under examination would be the introduction of penal sanctions against employers who would fail to pay wages on time and in full.

The Committee understands, however, that considerable amounts of wage debts persist in the public sector. It notes, for instance, that in April 2011, a first loan of €200 million was granted by France, aimed at paying accumulated wage arrears to public employees while another loan of €150 million is expected to follow. The Committee also notes that in June 2011, it was announced that unpaid wages owed to postal workers totalled 865 million CFA francs (approximately €1.3 million). The Committee accordingly asks the Government to provide an updated account on the current wage arrears situation detailing the number of workers concerned, the principal sectors affected, the average delay in the payment of wages, the total amount of unpaid wages and the measures taken or envisaged in order to contain and progressively eliminate such practices which clearly contravene both the letter and the spirit of the Convention. The Committee also asks the Government to keep the Office informed of any further developments concerning the revision of the labour legislation and the introduction of dissuasive sanctions for the delayed payment or non-payment of wages.

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

Article 3, paragraph 1, of the Convention. Methods for fixing and adjusting the minimum wage. The Committee notes that, according to the information provided by the Government, the guaranteed interoccupational minimum wage (SMIG) was last reviewed in 1994 and is set at 36,607 CFA francs per month (approximately US$71). The current SMIG rate is based on a 10 per cent increase, initially negotiated by collective agreement for the industrial sector and subsequently extended to other sectors of activity, such as forestry and agriculture, by means of a ministerial circular. The Committee also notes that, according to the Government’s report, no decree has as yet been issued under section 31.6 of the Labour Code, which means that the minimum wage-fixing mechanism and its tripartite consultative body, the Labour Advisory Committee, are currently not in operation. Whilst noting the Government’s intention to undertake a comprehensive review of the Labour Code within the framework of a social forum, the Committee would like to recall that the minimum wage system risks being of little benefit if minimum wage rates are not periodically revised in line with socio-economic developments. Noting that the minimum wage rates have not been adjusted for 12 years and that, consequently, they may no longer guarantee a decent standard of living for workers and their families, the Committee invites the Government to take an interest in minimum wage levels and to do its utmost to ensure that any possible increase takes due account of the needs of workers and their families, for example, by maintaining their purchasing power with regard to a basket of essential consumer goods. The Committee also requests the Government to keep it informed of any developments regarding the revision of the Labour Code.

Article 3, paragraph 2(3). Different minimum wage rates based on age. The Committee notes the Government’s statement according to which, in practice, young workers paid on a time basis who perform their work under the same output and quality conditions as an adult worker, receive a wage equal to that of an adult worker. Recalling that, under section 49 of the interoccupational collective agreement of 1977, workers aged under 18 years who are paid on a time basis receive minimum wages ranging from 60 per cent of the minimum wage of adult workers for 14-15 year-olds to 90 per cent for 17-18 year-olds, the Committee asks the Government to specify the measures taken or envisaged to amend this provision and bring its legislation into line with national practice.

Article 5 and Part V of the report form. The Committee notes the Government’s indication that inspection visits are carried out despite limited means and the country’s ongoing political-military crisis. The Committee hopes that the Government will be able to provide, in its future reports, concrete information on the monitoring of the application of the minimum wage rate and the results obtained, the number of workers covered by the current SMIG rate, and any other information relating to the practical application of the Convention in the country.

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

The Committee notes the Government’s report and wishes to obtain additional information on the following points.

Article 12, paragraph 2, of the Convention. Settlement of wages at the end of employment contract. Further to its previous comment concerning the payment of wages at the end of the employment relationship, the Committee notes that section 32.7 of the Labour Code provides that, in case of termination or breach of the contract, all wages and benefits due must be paid. It also notes the Government’s statement that no wage arrears are observed in the public or semi-public sector. The Committee asks the Government to keep it informed of any developments in this regard.

Moreover, the Committee notes that the Government’s report does not contain any information concerning the situation of offshore workers mentioned in the previous comments and, in particular, the manner in which this situation or other similar situations have been dealt with. The Committee once again asks the Government to provide in its next report full particulars on these matters, and to specify whether any judicial decisions have been made in this regard.

Part V of the report form. The Committee notes the Government’s indication that the process for the revision of the Labour Code is currently suspended waiting for a social forum to be held, and that the decree on wages has not yet been adopted. It also notes the indication that inspection visits are conducted to ensure the implementation of measures for the protection of wages. The Committee requests the Government to keep it informed of all developments concerning the forthcoming revision of the Labour Code, the adoption of the decree on wages and the social forum. It also asks the Government to provide information on the practical application of the Convention, in particular, reports of the labour inspection services showing the number and nature of infringements observed as well as the sanctions imposed, or any other official document regarding the protection of wages.

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

Article 1, paragraph 1, of the Convention. Fixing and adjusting minimum wages. The Committee notes that the guaranteed minimum agricultural wage (SMAG) has not been adjusted since 1994 and remains at the rate of 13,929 CFA francs (around US$27) a month in the coffee, rice, cocoa and cotton sectors and 17,443 CFA francs (around US$34) a month in other agricultural sectors. The Committee also notes the Government’s indication that in practice employed persons whose remuneration is set at the rate of the SMIG benefit from various advantages, such as benefits in kind, which take into account the cost of living and correspond closely to the expectations of employed persons. The Committee requests the Government to provide fuller information on its policy to give preference to benefits in kind and wage supplements as a means of increasing the real income of the poorest workers and to specify, in particular, whether this wage policy has been the subject of consultation with the social partners and the extent to which this practice of wage accessories undermines any prospect of a readjustment of the SMAG in the short or medium term. In this respect, the Committee is obliged to recall that one of the fundamental objectives of the Convention is to guarantee workers a minimum wage sufficient to meet their needs, but also to preserve the purchasing power of the wage, and that this objective can only be achieved through the periodic readjustment of minimum wage rates. The Committee hopes that the Government will take into consideration in the announced revision of its labour legislation the socio-economic trends in the country and the real needs of agricultural workers and their families with a view to bringing the minimum wage into line with these needs. It requests the Government to keep it informed of any development in this field.

Article 3, paragraph 4. Minimum wage rates for young workers. With regard to the wages of young workers, the Committee notes the indication that age is not a determining criterion in the fixing of wages, which are the same for all workers in the same sector, despite the contrary provisions of clause 49 of the Collective Agreement of 1977. In this respect, the Committee refers to its comments under Convention No. 26 and requests the Government to keep it informed of any measures adopted or envisaged to bring its legislation into conformity with prevailing practice.

Article 5 and Part V of the report form. The Committee considers that additional information is necessary with regard to the application of the Convention in the agricultural sector and hopes that the Government will provide statistical data in its next report on the number of workers covered by the SMAG, extracts of the reports of the inspection services indicating the number and type of infringements reported and the penalties imposed, and any other official document relating to the operation of the machinery for the fixing of the SMAG.

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

Part V of the report form. The Committee notes that the Government has not provided 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. According to the information supplied by the Government in its report, the Labour Code and the decrees regulating its application are in the process of being revised with a view to restoring the authority of supervisory bodies in collaboration with the social partners. The Committee trusts that the Government will make an effort to collect and communicate in its future reports all relevant information on the effect given to the Convention in practice, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties experienced in securing the observance of the standards set out in the Convention. It also requests the Government to keep it informed of any developments concerning the revision of the Labour Code.

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

The Committee notes the report provided by the Government. It notes in particular the establishment of the minimum agricultural wage at CFA13,929 per month and would be grateful if the Government would provide with its next report copies of the legal texts determining the minimum wage rates applicable to all categories of workers, both in agriculture and in allied trades, such as forestry and animal husbandry. The Committee also requests the Government to indicate the minimum wage rates in force in coffee, cocoa, rice and cotton producing enterprises, for which the latest information provided dated back to 1992. The Committee would be particularly interested by any information allowing it to follow the evolution of minimum wage rates in agriculture over the past decade to enable it better to evaluate whether the minimum wage fixing machinery is succeeding in securing for agricultural workers a minimum wage that is constantly adjusted in line with the economic and social situation in the country and taking into consideration their most essential needs, thereby giving effect to the provisions of the Convention.

Furthermore, with reference to its previous direct request, the Committee notes that the Government’s report only partially provides the information requested under Article 5 and Part V of the report form in relation to the application of the Convention to agricultural work in practice. It trusts that in its next report the Government will provide, in addition to all the minimum wage rates in force including those applicable where appropriate to young workers in agriculture, any further information relating to the application of the Convention in practice, including statistics on the number and various categories of workers covered by the minimum wage regulations. Finally, the Committee requests the Government to provide further information on the system for supervising the application of the Convention through inspections and, where appropriate, the sanctions that are best adapted to the conditions obtaining in agriculture, in accordance with Article 4 of the Convention.

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

The Committee notes the report provided by the Government.

Article 3, paragraph 2(2), of the Convention. With reference to section 31(6) of the Labour Code, which provides for the fixing of guaranteed minimum inter-occupational wage rates by decree following the advice of the Labour Advisory Committee, the Committee requests the Government to provide detailed information on the minimum wage rates currently in force, the criteria taken into consideration in this respect and on any development relating to the operation of the Labour Advisory Committee. It also requests the Government to provide a copy of the decree by which the guaranteed minimum inter-occupational wage was adjusted most recently.

Article 3, paragraph 2(3). The Committee notes that, under section 49 of the inter-occupational collective agreement of 19 July 1977, the provisions of which were extended by Order No. 1 MTIC.CAB of 3 January 1978, unskilled workers aged under 18 years paid on a time basis receive minimum wages which only correspond to a certain percentage of those of adult workers in the same job in the corresponding occupational classification. The Committee also notes that, under the same section, young workers under 18 years of age paid on a piecework basis or by output receive identical wages to those of adults when they normally perform work that is generally entrusted to adults under the same conditions respecting output and quality. The Committee therefore notes that the national regulations in one case discard age as a decisive criterion for the determination of remuneration in place of the quantity and quality of the work performed, in accordance with the observations made by the Committee in its General Survey of 1992 on minimum wages, but retain it for young workers paid on a time basis. Recalling the fundamental principle of equal remuneration for work of equal value set forth by the Constitution of the ILO and section 31(2) of the Labour Code, the Committee requests the Government to indicate the reasons for the adoption of lower minimum wage rates for certain groups of young workers remunerated on a time basis and invites it to indicate in its next report any steps taken or envisaged to re-examine such measures in the light of the above principle.

Article 5 and Part V of the report form. While noting the Government’s statement that the current statistics do not make it possible to determine the number of persons covered by the minimum wage regulations, the Committee hopes that the Government will endeavour to compile and transmit such information in future reports.

The Committee also recalls, with regard to the implementation and supervision of the application of the Convention, that it is the responsibility of any Member which has ratified the Convention to secure its enforcement through an effective system of inspection that is responsible for and capable of ensuring the enforcement of the legal provisions relating to wages, as specified in Article 3, paragraph 1(a), of the Labour Inspection Convention, 1947 (No. 81). In view of the worrying statement by the Government in its report that the labour inspection services have for some years no longer been able to organize inspections and supervision due to lack of logistical means, the Committee requests the Government to inform the International Labour Office of the measures taken or envisaged to enable the labour inspection services to discharge their functions in future, which are all the more essential when the country is experiencing periods of instability during which workers’ rights are liable to suffer abuse.

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

The Committee recalls its previous comments in which it requested the Government to indicate the measures taken to ensure the application of the Convention as regards final settlements upon termination of work contracts (Article 12, paragraph 2), especially in the light of the situation denounced by the Trade Unions International of Chemical, Oil and Allied Workers in an earlier observation concerning outstanding wage claims of offshore workers who were dismissed owing to the "ivorization of jobs". The Committee regrets that the Government does not specify in its report whether the court decision handed down on the above case has been executed or whether there have been any other judicial decisions on this matter. The Committee takes this opportunity to refer to paragraph 398 of its General Survey of 2003 on the protection of wages in which it emphasized that the principle of the regular payment of wages finds its full expression not only in the periodicity of wage payments, as may be regulated by national laws and regulations or collective agreements, but also in the complementary obligation to settle speedily and in full all outstanding payments upon the termination of the contract of employment. It asks therefore the Government to provide additional information on the manner in which situations similar to that of the offshore workers are handled, especially in the current context which according to the Government’s report is marked by the precariousness of employment and the abolition of benefits. In addition, the Committee would appreciate receiving concrete information on any problems of wage arrears that may be experienced in the public and semi-public sectors of employment, in light of the Committee’s comments contained in paragraphs 23, 360 and 412 of the abovementioned General Survey concerning the widespread phenomenon of non-payment or delayed payment of salaries in certain parts of Africa.

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:

The Committee notes the information provided in the Government’s report. It notes, in particular, section 31(6) of Act No. 95/15 of 12 January 1995 issuing the Labour Code which provides that decrees following the advice of the Labour Advisory Committee, shall establish the minimum interoccupational guaranteed wage rates (SMIG).

The Committee requests the Government to continue supplying, in accordance with Article 5 of the Convention, in conjunction with Part V of the report form, general information on the application of the Convention in practice, including: (i) the SMIG and the minimum wage rates by branch of activity in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the violations observed, the penalties imposed, etc.).

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

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

With reference to its previous comments, the Committee recalls that it noted the comments of the Trade Union International of Chemical, Oil and Allied Workers (communicated by a letter of 9 March 1988), on the application of Article 12, paragraph 2, of the Convention. These comments allege that workers who are members of the Union of Offshore and Onshore Workers of Côte d’Ivoire (SYNTRAOFFCI), who were recruited by intermediary companies on behalf of oil companies, did not receive certain amounts owed as a final settlement of all wages due upon termination of their contracts in 1984.

In its report the Government indicates that after fruitless attempts at an out-of-court settlement, first by means of an ad hoc committee set up for the purpose, then before the Labour Tribunal of Abidjan, two judicial decisions on the matter have now been handed down: the first by the Abidjan Labour Tribunal (on 25 February 1986), and the second by the Chamber for Social Affairs of the Abidjan Court of Appeal (on 24 June 1988). The Government further states that the companies involved in this matter have now disappeared from the territory of Côte d’Ivoire and that SYNTRAOFFCI has now been split into two separate unions, whose present leaders know nothing of the matter and have taken no steps to execute the Court of Appeal’s decision. The Government considers that action on its part is therefore not required.

The Committee takes due note of this information. It notes that the abovementioned decision handed down by the Court of Appeal (24 June 1984) orders the company SOAEM-CI to pay certain amounts as a final settlement of all entitlements due to 11 workers who were dismissed owing to the "ivorization of jobs". The Committee asks the Government to indicate whether this decision has been executed and whether there have been any other judicial decisions on this matter.

The Committee also asks the Government to indicate the general steps taken to ensure the application of the Convention in situations similar to that of the offshore workers recruited by intermediary companies, particularly as regards final settlements upon termination of work contracts (Article 12, paragraph 2), the information given to workers on wage conditions (Article 14(a)) and the definition of the persons responsible for compliance with laws and regulations on the payment of wages (Article 15(b)).

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

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

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

With reference to its previous comments, the Committee recalls that it noted the comments of the Trade Union International of Chemical, Oil and Allied Workers (communicated by a letter of 9 March 1988), on the application of Article 12, paragraph 2, of the Convention. These comments allege that workers who are members of the Union of Offshore and Onshore Workers of Côte d’Ivoire (SYNTRAOFFCI), who were recruited by intermediary companies on behalf of oil companies, did not receive certain amounts owed as a final settlement of all wages due upon termination of their contracts in 1984.

In its report the Government indicates that after fruitless attempts at an out-of-court settlement, first by means of an ad hoc committee set up for the purpose, then before the Labour Tribunal of Abidjan, two judicial decisions on the matter have now been handed down: the first by the Abidjan Labour Tribunal (on 25 February 1986), and the second by the Chamber for Social Affairs of the Abidjan Court of Appeal (on 24 June 1988). The Government further states that the companies involved in this matter have now disappeared from the territory of Côte d’Ivoire and that SYNTRAOFFCI has now been split into two separate unions, whose present leaders know nothing of the matter and have taken no steps to execute the Court of Appeal’s decision. The Government considers that action on its part is therefore not required.

The Committee takes due note of this information. It notes that the above-mentioned decision handed down by the Court of Appeal (24 June 1984) orders the company SOAEM-CI to pay certain amounts as a final settlement of all entitlements due to 11 workers who were dismissed owing to the "ivorization of jobs". The Committee asks the Government to indicate whether this decision has been executed and whether there have been any other judicial decisions on this matter.

The Committee also asks the Government to indicate the general steps taken to ensure the application of the Convention in situations similar to that of the offshore workers recruited by intermediary companies, particularly as regards final settlements upon termination of work contracts (Article 12, paragraph 2), the information given to workers on wage conditions (Article 14(a)) and the definition of the persons responsible for compliance with laws and regulations on the payment of wages (Article 15(b)).

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

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

The Committee notes the information provided in the Government's report. It notes, in particular, section 31(6) of Act No. 95/15 of 12 January 1995 issuing the Labour Code which provides that decrees following the advice of the Labour Advisory Committee, shall establish the minimum interoccupational guaranteed wage rates (SMIG).

The Committee requests the Government to continue supplying, in accordance with Article 5 of the Convention, in conjunction with point V of the report form, general information on the application of the Convention in practice, including: (i) the SMIG and the minimum wage rates by branch of activity in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the violations observed, the penalties imposed, etc.).

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

The Committee notes the information provided in the Government's report. It notes in particular the Government's indication to the effect that the provisions of the Labour Code regarding minimum wages apply to all workers, including those in the agricultural sector. The Committee requests the Government to provide, in accordance with Article 5, read in conjunction with point V of the report form, general information on the manner in which the Convention is applied in the agricultural sector, in particular: (i) the minimum wage rates applied; (ii) available statistics on the number and different categories of workers covered by the minimum wage regulations; and (iii) the results of any inspections carried out (violations noted, sanctions imposed, etc.).

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

With reference to its previous comments, the Committee recalls that it noted the comments of the Trade Union International of Chemical, Oil and Allied Workers (communicated by a letter of 9 March 1988), on the application of Article 12, paragraph 2, of the Convention. These comments allege that workers who are members of the Union of Offshore and Onshore Workers of Côte d'Ivoire (SYNTRAOFFCI), who were recruited by intermediary companies on behalf of oil companies, did not receive certain amounts owed as a final settlement of all wages due upon termination of their contracts in 1984.

In its report the Government indicates that after fruitless attempts at an out-of-court settlement, first by means of an ad hoc committee set up for the purpose, then before the Labour Tribunal of Abidjan, two judicial decisions on the matter have now been handed down: the first by the Abidjan Labour Tribunal (on 25 February 1986), and the second by the Chamber for Social Affairs of the Abidjan Court of Appeal (on 24 June 1988). The Government further states that the companies involved in this matter have now disappeared from the territory of Côte d'Ivoire and that SYNTRAOFFCI has now been split into two separate unions, whose present leaders know nothing of the matter and have taken no steps to execute the Court of Appeal's decision. The Government considers that action on its part is therefore not required.

The Committee takes due note of this information. It notes that the above-mentioned decision handed down by the Court of Appeal (24 June 1984) orders the company SOAEM-CI to pay certain amounts as a final settlement of all entitlements due to 11 workers who were dismissed owing to the "ivorization of jobs". The Committee asks the Government to indicate whether this decision has been executed and whether there have been any other judicial decisions on this matter.

The Committee also asks the Government to indicate the general steps taken to ensure the application of the Convention in situations similar to that of the offshore workers recruited by intermediary companies, particularly as regards final settlements upon termination of work contracts (Article 12, paragraph 2), the information given to workers on wage conditions (Article 14(a)) and the definition of the persons responsible for compliance with laws and regulations on the payment of wages (Article 15(b)).

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

With reference to its previous comments, the Committee recalls that it noted the comments made by the Trade Union International of Chemical, Oil and Allied Workers (communicated in a letter dated 9 March 1988) respecting the application of Article 12, paragraph 2, of the Convention. According to these comments, workers who are members of the Union of Offshore and Onshore Workers of Côte d'Ivoire (SYNTRAOFFCI), who were recruited by intermediary companies on behalf of oil companies, did not receive certain amounts owed as a final settlement of all wages due upon termination of their contracts in 1984. The Government indicated that, in response to the above comments, an ad hoc committee had been set up to examine the complaints of the workers in question, but that the workers had refused to divulge the method used to calculate the amount that they were claiming and to submit the documents needed to check their claims.

The Committee notes that the above ad hoc committee has not yet been able to commence work and that the workers concerned still refuse to submit the documents needed to check the claims that they are making, despite the intervention of their central trade union organisation.

The Committee hopes that the Government will inform the Committee of the measures taken to examine the claims of the workers concerned and it requests the Government to continue to supply information on the outcome of the measures that have been taken to resolve the demands of the workers concerned.

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

In the observation it made in 1989 the Committee noted the comments made by the Trade Union International of Chemical, Oil and Allied Workers (communicated in a letter dated 9 March 1988) respecting the application of Article 12, paragraph 2, of the Convention. According to these comments, workers who are members of the Union of Offshore and Onshore Workers of Côte d'Ivoire (SYNTRAOFFCI), who were recruited by intermediary companies on behalf of oil companies, did not receive certain amounts owed as a final settlement of all wages due upon termination of their contracts in 1984. In reply to the above comments, the Government indicated that an ad hoc committee had been set up to examine the complaints of the workers in question, but that the workers had refused to divulge the method used to calculate the amount that they were claiming and to submit the documents needed to check their claims. The Committee requested the Government to continue to provide information on the results of measures taken to settle the claims of the workers concerned and to transmit a copy of the judicial decisions handed down to this effect.

In its last report, the Government indicates that the technical subcommittee set up to examine the claims of the above workers has not yet commenced work and that the workers concerned still refuse to submit the documents needed to check the rights that they are claiming, despite the intervention of their central trade union organisation. It adds that the Minister of Labour has, in his possession, a list of the workers claiming wages but that this list does not indicate the basis used to determine these amounts despite repeated requests by the competent authority.

The Committee notes this information and hopes that the arrival in Côte d'Ivoire of the Secretary-General of the Trade Union International of Chemical, Oil and Allied Workers, mentioned by the Government in its report who is due to meet the administrative authorities and trade unions concerned, will contribute to finding a solution to the claims of the workers affected. The Committee once again requests the Government to keep it informed of any developments in this matter.