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

Previous comments: C.26, C.99 and C95

In order to provide a comprehensive view of the issues related to the application of ratified conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (Minimum Wage-Fixing Machinery), 95 (Protection of Wages) and 99 (Minimum Wage-Fixing Machinery) together.

Minimum wages

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery. In response to the Committee’s previous comment, the Government indicates that Decree No. 2019-103 fixing the guaranteed minimum interoccupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) as of 1 June 2018, was signed on 16 January 2019. The Government adds that in June 2023 the social partners proposed an 11 per cent increase for the SMIG and the SMAG. The Committee notes that Decree No. 2023-1710 fixing the SMIG and the SMAG applicable with effect from 1 July 2023 was adopted on 7 August 2023 and that it validated the proposed increase of 11 per cent.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99. Penalties. Noting that neither the Labour Code nor Decree No. 2023-1710 provide for specific penalties in case of failure by the employer to pay the minimum wage, the Committee requests the Government to provide information on the nature and amount of the sanctions applied to ensure wages are not paid at less than the applicable minimum rates.

Protection of wages

Article 2 of Convention No. 95. Scope of application. The Committee requests the Government to indicate how effect is given to the provisions of the Convention in the public service.

Article 15(c). Penalties. The Committee requests the Government to provide information on the penalties imposed on employers in violation of the applicable texts on protection of wages that give effect to the Convention.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Further to its previous comments, the Committee notes the information provided in the Government’s report. It also notes that, according to the third periodic report submitted by Senegal under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights in November 2018: (i) on 30 April 2018, the social partners concluded a Memorandum of Understanding on the rates of the guaranteed inter-occupational minimum wage (SMIG) and of the guaranteed agricultural minimum wage (SMAG) and has requested the competent authority, in accordance with section L.109 of the Labour Code, to set these rates by decree; and (ii) the draft decree is in the process of adoption (E/C.12/SEC/3, paragraph 37). The Committee requests the Government to provide information on the adoption of this decree.

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

Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee notes the Government’s indications that wages paid to workers in practice are higher than the minimum guaranteed interoccupational wage (SMIG) and the minimum guaranteed agricultural wage (SMAG), which remain unchanged since 1996. It also notes that pursuant to Order No. 4315/MFPTEOP/DTSS of 31 December 2009, wage increases that had been previously negotiated for certain sectors were extended to all workers of the private sector, while by Orders Nos 04316/MFPTEOP/DTSS and 04317/MFPTEOP/DTSS of 31 December 2009, the minimum wages rates for agricultural and domestic workers were also revised. The Committee understands that minimum wages set by joint committees for sectors covered by collective agreements have been adjusted on a much more regular basis than the SMIG and the SMAG and tend to establish the actual minimum wage rates applied in practice, especially where collective agreements are subsequently extended to cover all workers in the sector concerned. The Committee also understands that at present the SMIG is only used as a reference for the calculation of certain allowances, such as the meal allowance which amounts to three times the SMIG hourly rate. Under the present conditions, therefore, the Committee requests the Government to clarify the reasons, if any, for formally maintaining the current SMIG and SMAG rates fixed by decree, in parallel with the system of setting minimum wages by sector and professional category through collective agreements, and also to specify whether it intends to take any legislative action, possibly amending section L.109 of the Labour Code, in order to align the minimum wage legislation with established practice.

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

Article 6 of the Convention. Freedom of workers to dispose of their wages. The Committee notes the Government’s indications that articles L.129–L.134 of the Labour Code, the Uniform Act of the Organization for the Harmonization of Business Law in Africa and the relevant provisions of the Commercial Code, the Civil Code and the Code on Civil Procedure, guarantee the freedom of workers to dispose of their wages. The Committee recalls, however, that as mentioned in paragraph 210 of the 2003 General Survey on protection of wages, “nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form or manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention”. The Committee trusts that if in the future any problem should arise in connection with the practical application of Article 6, the Government will take the necessary legislative measures to ensure its implementation and will provide full information thereon.

Article 8. Authorized deductions from wages. The Committee notes the Government’s renewed reference to section L.130 of the Labour Code on permissible deductions from wages. The Committee wishes to refer, in this respect, to paragraph 217 of the abovementioned General Survey, in which it explained the rationale underlying this provision of the Convention. In fact, the exclusive reference to national law or regulations, collective agreements and arbitration awards as being the only valid bases for effecting deductions from wages, aims to exclude “private” arrangements which might involve unlawful or abusive deductions to the detriment of the worker’s earnings. In the Committee’s view, provisions of national legislation which permit deductions by virtue of individual agreement or consent are not compatible with this Article of the Convention. As regards deductions for deposits (consignations) set out in individual agreements, the Committee considers that the level of protection required by the Convention would only be obtained if the types of deposits, which could amount to authorized deductions, as well as the procedures involved, were specifically spelled out in relevant laws or regulations. The Committee accordingly requests the Government to consider appropriate steps in order to ensure that the national legislation is brought into full conformity with the Convention on this point.

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

Articles 1 and 3 of the Convention. Scope of minimum wage fixing machinery – Consultations with the social partners. The Committee requests the Government to refer to the comments made under the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).

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

Articles 1 and 3 of the Convention. Minimum wage-fixing machinery. The Committee notes that the minimum guaranteed interoccupational wage and the minimum guaranteed agricultural wage remain fixed at CFA francs 209.10 per hour (about US$0.50) and CFA francs 182.95 per hour (about US$0.44), respectively, pursuant to Decree No. 19-154 of 19 February 1996. In this regard, the Committee recalls that a system of minimum wages might become meaningless if minimum wage rates were not reviewed and periodically revised in the light of changes in the socio-economic context of the country. The Committee therefore invites the Government to examine minimum wage levels and take steps to ensure that any increase takes due consideration of the needs of workers and their families.

Furthermore, the Committee notes with concern that, according to a World Bank study published in September 2007 entitled “Senegal – Looking for work: The road to prosperity”, the legal minimum wage is hardly ever used as a point of reference in practice and 46.6 per cent of workers in Dakar are paid wages which are less than the legal minimum, with a heavy proportion of women and young people. This figure is even higher in rural areas, where conditions of work and pay are more precarious than in the cities. The same report notes that the Department of Labour, which is responsible for the application of the Labour Code, has insufficient staff numbers, with 11 regional inspectorates and a labour statistics department, with a total of 34 inspectors and 50 controllers for the whole of the territory and that it is therefore not surprising that enterprises do not observe the rules since the risks of incurring penalties are practically non-existent. While noting the statistics supplied by the Government concerning the total number of inspections carried out in 2007 and the number of offences reported, the Committee requests the Government to continue to supply up to date information on the application of the Convention in practice, including, for example, statistics on recent trends in minimum wage rates in relation to changes in economic indicators such as inflation, copies of branch collective agreements fixing minimum wage rates, copies of activity reports of the National Committee on Social Dialogue (CNDS) or any other studies concerning wage policy, etc. The Committee also requests the Government to indicate the steps taken or contemplated to ensure the real and effective application of the minimum wage rate as a means of social protection.

Finally, the Committee takes this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body on the basis of the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Governing Body considered that Convention No. 26 was one of the instruments which were no longer up to date, even though they were still relevant in certain regards. The Committee therefore suggests that the Government examine the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents a degree of progress in comparison with previous instruments concerning the fixing of a minimum wage, for example by providing for a wider scope, the setting-up of a general minimum wage system and, finally, the adoption of certain criteria for determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or contemplated in this regard.

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

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes the Government’s explanations that the only authorized exceptions to the general prohibition against the payment of wages in kind is the provision of housing and food in accordance with sections L.106 and L.107 of the Labour Code and that, therefore, section L.109 of the Code must not be read as if it permitted any exceptions other than those referred to in sections L.106 and L.107.

Article 6. Freedom of workers to dispose of their wages. The Committee notes the indication of the Government that section L.133 of the Labour Code concerning works stores provides sufficient protection of the workers’ freedom to dispose of their wages. It recalls, in this connection, paragraph 178 of its 2003 General Survey on protection of wages, in which it expressed the view that provisions regulating deductions from wages, the attachment of wages or the use of company stores do not cover all the ways in which workers can be limited in their freedom to dispose of their wages and it is, therefore, necessary for the legislation implementing the Convention to contain an express provision generally prohibiting employers from restricting the freedom of workers to dispose of their wages. The Committee accordingly reiterates its hope that the Government will consider taking the necessary action in order to bring the national legislation into full conformity with the Convention in this regard.

Article 8. Types and extent of deductions from workers’ wages. The Committee notes the Government’s statement that the question of new legal provisions specifying the types and extent of deductions which may be prescribed in individual labour contracts will be thoroughly examined. It hopes that, in the interest of protecting workers from unfair and abusive deductions, detailed legal provisions will soon be adopted laying down specific conditions and limits to permissible deductions on the basis of individual agreement. It requests the Government to supply information on any progress made on this matter.

Part V of the report form. The Committee notes the statistical data provided by the Government concerning the results of labour inspections conducted in 2007 in eight administrative regions. It would appreciate if the Government would continue supplying up to date information on the application of the Convention in practice.

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

The Committee requests the Government to refer to the comments made under Convention No. 26.

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

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 decision by the Joint Commission No. 00 061/MFPET/DTSS of 24 January 2002 establishing a general increase in minimum wages in the private sector with effect from 1 January 2002, as well as Order No. 00 985/MFPET/DTSS of 2 April 2002 extending the application of the above decision, to all intents and purposes, to all employers and all workers in the sectors concerned. The Committee also notes Order No. 00 987/MFPET/DTSS of 2 April 2002 establishing minimum wages by occupational category for workers in the agricultural and allied trades. However, the Committee notes that the Government’s last report did not provide the information requested on the number of workers covered by the regulations respecting the minimum wage rates or extracts of the reports of the inspection services relating to the manner in which the Convention is applied in practice, as well as the number of violations reported and sanctions imposed, in accordance with Article 5 of the Convention and Part V of the report form. The Committee hopes that the Government will make every effort to compile and transmit the information requested in future reports both under the present Convention and under the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).

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

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 4 of the Convention. The Committee notes that article L.109 of the Labour Code provides that decrees shall establish the cases in which supplies, other than those under articles L.106 and L.107 (accommodation and regular supply of essential foodstuffs), must be granted. The Committee requests the Government to indicate whether there are regulations which allow the partial payment of wages in the form of allowances in kind other than housing and food supplies. It also asks the Government to supply a copy of the Decrees No. 5040/ITLS/SM of 17 July 1956 (JOS of 2 August 1956, p. 716) and No. 5645/ITLS/SM of 31 August 1953 (JOS of 31 August 1953, p. 897) as well as up to date information on the application in practice of articles L.106 and L.107 of the Labour Code.

Article 6. The Committee notes that, with the exception of article L.133 regarding works stores, the Labour Code does not contain a specific provision formally prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. It therefore requests the Government to indicate whether the absence of an express prohibition such as that provided for in the Convention has given rise to any difficulties in practice, and accordingly whether the Government has considered the advisability of taking the necessary legislative measures to ensure the implementation of this Article of the Convention.

Article 8. The Committee notes that under article L.130 of the Labour Code deductions may be made for deposits (“consignations”) set out in individual labour contracts. The Committee points out, however, that according to the terms of the Convention the types and extent of deductions from wages should be prescribed by national laws or regulations or fixed by collective agreement or arbitration award and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions which may be prescribed by individual labour contracts so as to ensure legislative conformity with this Article of the Convention.

Part V of the report form. The Committee finally requests the Government to supply information on the application of the Convention in practice, including, for example, extracts of official reports or statistical information on inspection visits, the number and nature of violations reported and sanctions imposed.

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

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 under Convention No. 26.

[The Government is asked to report in detail in 2008.]

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

See under Convention No. 26.

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

The Committee notes the information contained in the Government’s reports and the documentation attached. It notes in particular the decision by the Joint Commission No. 00 061/MFPET/DTSS of 24 January 2002 establishing a general increase in minimum wages in the private sector with effect from 1 January 2002, as well as Order No. 00 985/MFPET/DTSS of 2 April 2002 extending the application of the above decision, to all intents and purposes, to all employers and all workers in the sectors concerned. The Committee also notes Order No. 00 987/MFPET/DTSS of 2 April 2002 establishing minimum wages by occupational category for workers in the agricultural and allied trades. However, the Committee notes that the Government’s report does not provide the information requested on the number of workers covered by the regulations respecting the minimum wage rates or extracts of the reports of the inspection services relating to the manner in which the Convention is applied in practice, as well as the number of violations reported and sanctions imposed, in accordance with Article 5 of the Convention and Part V of the report form. The Committee hopes that the Government will make every effort to compile and transmit the information requested in future reports both under the present Convention and under the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).

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

The Committee notes the Government’s report and the adoption of Act No. 97-17 of 1 December 1997 establishing the Labour Code. In this connection, it wishes to draw attention to the following points.

Article 4 of the Convention. The Committee notes that article L.109 of the new Labour Code provides that decrees shall establish the cases in which supplies, other than those under articles L.106 and L.107 (accommodation and regular supply of essential foodstuffs), must be granted. The Committee requests the Government to indicate whether there are regulations which allow the partial payment of wages in the form of allowances in kind other than housing and food supplies. It also asks the Government to supply a copy of the Decrees No. 5040/ITLS/SM of 17 July 1956 (JOS of 2 August 1956, p. 716) and No. 5645/ITLS/SM of 31 August 1953 (JOS of 31 August 1953, p. 897) as well as up-to-date information on the application in practice of articles L.106 and L.107 of the Labour Code.

Article 6. The Committee notes that, with the exception of article L.133 regarding works stores, the Labour Code does not contain a specific provision formally prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. It therefore requests the Government to indicate whether the absence of an express prohibition such as that provided for in the Convention has given rise to any difficulties in practice, and accordingly whether the Government has considered the advisability of taking the necessary legislative measures to ensure the implementation of this Article of the Convention.

Article 8. The Committee notes that under article L.130 of the Labour Code deductions may be made for deposits ("consignations") set out in individual labour contracts. The Committee points out, however, that according to the terms of the Convention the types and extent of deductions from wages should be prescribed by national laws or regulations or fixed by collective agreement or arbitration award and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions which may be prescribed by individual labour contracts so as to ensure legislative conformity with this Article of the Convention.

Part V of the report form. The Committee finally requests the Government to supply information on the application of the Convention in practice, including, for example, extracts of official reports or statistical information on inspection visits, the number and nature of violations reported and sanctions imposed.

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

The Committee notes the information supplied by the Government in its reports. The Committee requests the Government to provide information with its next report, in accordance with Article 5 of the Convention and Part V of the report form, on the number and the various categories of workers covered by the minimum wage regulations and on the results of any inspections carried out (for example, any violations noted, sanctions imposed, etc.).

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

The Committee notes the information provided in the Government's report. It requests the Government to provide, in accordance with Article 5 of the Convention and point V of the report form, more information on the application of the Convention in practice, with regard, for example, to: (i) the guaranteed minimum wage applicable; (ii) available statistics on the number and the various categories of workers covered by the minimum wage regulations; and (iii) the results of any inspections carried out (for example, any violations noted, sanctions imposed, etc.).

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

The Committee notes the Government's report. It recalls that the detailed information last supplied by the Government on the results of the application of wage-fixing machinery go back to 1986. The Committee hopes that in its next report the Government will supply the required information, particularly as regards the approximate numbers of workers covered, the minimum rates of wages fixed, and the more important of the other conditions, if any, established relevant to the minimum rates, as required under Article 5 of the Convention.

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

The Committee notes the information supplied by the Government in its last report concerning, among other matters, the activities of officials in the labour department who supervise the application of minimum wages. In this connection, the Committee requests the Government to supply information concerning the number of workers covered by the minimum wages system in agriculture in accordance with Article 5 of the Convention.