Minimum Wage Fixing Convention, 1970 (No. 131) - Burkina Faso (RATIFICATION: 1974)

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Article 1 of the Convention. Scope of application. Further to its previous comments, the Committee notes the information provided by the Government in its report on the legislation applicable to workers covered by special laws.

Article 4. Methods of fixing and adjusting minimum wages. Participation of the social partners. In its previous comments, the Committee requested the Government to provide information on the measures taken to adjust the levels of the guaranteed minimum interoccupational wage (SMIG), established by decree in 2006, and on the outcome of the wage negotiations held in the Joint Commission for Wage Bargaining in the Private Sector. It also requested the Government to provide further information on the respective roles of the Labour Advisory Commission and the National Commission on the SMIG in the process of fixing minimum wage rates. The Committee notes the Government’s indication that, while it is aware of the need to adjust the rates of the SMIG, no measures have yet been taken for that purpose and that, since minimum wages in the private sector were increased in 2012, it has not been possible to obtain any further increase. The Government adds that the role of the Advisory Labour Commission is to examine the proposals made by the National Commission on the SMIG. The Committee also notes that the National Commission on the SMIG, referred to in section 187 of the Labour Code, was established by decree in 2010. Section 7 of the decree provides that it shall meet at least every two years. The Committee requests the Government to take the necessary measures to ensure the regular operation of the National Commission on the SMIG so that minimum wage levels are assessed and, subsequently, may be adjusted. It requests the Government to provide information on any progress made in this regard.

Article 5. Effective application. Inspection. Further to its previous comments, the Committee notes the information provided by the Government on the effect given to the legislation in practice.

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Article 1 of the Convention. Scope of application. The Committee notes the adoption of Act No 028-2008/AN of 13 May 2008 issuing the Labour Code of Burkina Faso. It notes that, under the terms of section 3 of the Labour Code, employees of the public service, magistrates, military personnel, employees of territorial communities and any workers governed by a specific law are not subject to its provisions. The Committee requests the Government to indicate whether other categories of workers are governed by a specific law and are consequently excluded from the scope of application of the Labour Code by virtue of section 3. If so, the Committee requests the Government to provide a copy of the provisions applicable to these workers in relation to the fixing of minimum wages.

Article 3, in conjunction with Article 4(1). Methods of fixing and adjusting minimum wages. The Committee notes that section 187 of the Labour Code of 2008, in the same way as the 2004 Labour Code, which was applicable previously, provides that orders issued by the Council of Ministers, after seeking the views of the National Advisory Labour Commission, shall fix guaranteed minimum interoccupational wages (SMIG) as a function, among other factors, of the general level of wages in the country and the cost of living and taking into account economic factors. It notes the Government’s confirmation in its report that Decree No. 2006-655/PRES/PM/MTSS/MFB, which determines the SMIG, is still in force. The Government adds that the level of the SMIG is not sufficient to cover the essential needs of workers and to guarantee for them and their families a decent standard of living in view of the cost of living, and that this situation is aggravated by the global economic situation. However, it further indicates that it is endeavouring to stimulate a dynamic of the revision of wages in the private sector and is adjusting wages in the public sector in accordance with its capacities. The Committee requests the Government to provide information in its next report on the measures taken to adjust the SMIG, taking into account the general level of wages in the country, the cost of living and economic factors, as envisaged in section 187 of the Labour Code of 2008.

With regard to the branches of economic activity covered by a collective agreement, the Committee notes with interest the success of the bargaining in the joint commission for wage bargaining in the private sector, which resulted in a protocol agreement dated 11 April 2012. The protocol agreement envisages an increase of 4 per cent in minimum wages for private sector workers covered by the Labour Code, as of 1 April 2012, and the holding of further wage negotiations in March 2013. The Committee requests the Government to provide information on the outcome of the wage negotiations to be held during the period covered by its next report and on the manner in which the general level of wages in the country, the cost of living and economic factors are taken into account on that occasion. With regard to the branches of economic activity that are not covered by a collective agreement, the Committee notes that, under the terms of section 187 of the Labour Code of 2008, a decree issued by the Council of Ministers shall determine occupational categories and the corresponding minimum wages.

Article 4(3). Participation of the social partners in minimum wage fixing machinery. The Committee notes the adoption, under section 187 of the Labour Code of 2008, of Decree No. 2010-809/PRES/PM/MTSS/MEF/MFPRE of 31 December 2010 establishing and determining the composition, functions and operation of a National Commission on the Guaranteed Minimum Interoccupational Wage (SMIG). It notes that this Commission, which includes representatives of the Government, the National Council of Employers of Burkina Faso and the trade union confederations, is entrusted with preparing for the Government a technical report revising the basket for the SMIG. The Committee also notes that, in accordance with section 408 of the Labour Code of 2008, the Advisory Labour Commission is entrusted with examining the criteria which could serve as a basis for the determination and adjustment of the minimum wage. The Committee requests the Government to provide further details on the respective roles of the Advisory Labour Commission and the National Commission on the SMIG in the process of fixing minimum interoccupational wages, as well as information on the outcome of their work. Furthermore, with reference to its previous comment, the Committee requests the Government to provide a copy of the Decree determining the composition and operation of the Advisory Labour Commission, the adoption of which is envisaged in section 406 of the Labour Code of 2008.

Parts IV and V of the report form. Application in practice and court decisions. The Committee notes with interest that several decisions by the labour court of Ouagadougou on the application of the national legislation and collective agreements on minimum wages, such as rulings Nos 097 of 3 June 2005 and 225 of 23 December 2005, make explicit reference to the provisions of the Convention. The Committee requests the Government to provide copies of any further court decisions relating to questions of principle concerning the application of the Convention. It further notes the Government’s indication that the Department of Labour has been attached to the Department of the Public Service and that the Directorate of Statistics, Information Technology and Prospective Studies (DSIP) of the Ministry of Labour and Social Security has been replaced by a Directorate of Statistics and Information (DSI) with new functions. The Government adds that it is not currently in a position to provide the information requested by the Committee on the application of the Convention in practice. The Committee notes these internal changes and requests the Government to provide the information available concerning the implementation of the Convention in practice including, when possible, statistical data indicating the number of workers covered by the provisions giving effect to the Convention, and information on the results of the activities of the inspection services, including the penalties issued in cases of violations of the relevant provisions of the national legislation and of collective agreements.

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

Repetition

Article 3, in conjunction with Article 4(1) of the Convention. Method of fixing and adjusting minimum wages. The Committee notes with interest that, unlike section 108 of the previous Labour Code of 1992, section 179 of the new Labour Code of 2004 expressly refers to the general level of wages, the cost of living and economic factors as being the principal criteria for determining and periodically adjusting minimum wage rates. It also notes the Government’s reference to Decree No. 2006 655/PRES/PM/MTSS/MFB of 29 December 2006, which last raised the guaranteed minimum interoccupational wage (SMIG) by 6 per cent from CFA28,778 (approximately US$58) to CFA30,684 (approximately US$62) per month. The Committee asks the Government to provide some indication as to whether the SMIG’s current level is considered adequate to cover the basic subsistence needs of workers and ensure a decent standard of living for them and their families.

In addition, the Committee notes the Government’s statement that most categories of workers are covered by collective agreements that include provisions on minimum wage rates. It requests the Government to provide a copy of such collective agreements. Moreover, the Committee notes the Government’s reference to Decree No. 2000-301/PRES/PM/METSS of 30 June 2000, modifying the minimum wage rates by professional category for the branches of activity not covered by collective agreements. It requests the Government to indicate whether this instrument is still in force notwithstanding the adoption of the abovementioned Decree No. 2006-655/PRES/PM/MTSS/MFB.

Article 4(3). Consultations with social partners. The Committee notes that section 376 of the Labour Code of 2004, which in essence reproduces the provisions of section 230 of the previous Labour Code of 1992, provides for the adoption by the Council of Ministers of a decree setting out the conditions of appointment and number of employers’ and workers’ representatives to the Labour Advisory Commission, their term of office and the rules of procedure. The Committee also notes the Government’s statement that the decree in question is in the process of being adopted and that it is expected to replace the previous one which came into effect in 2003. The Committee asks the Government to forward a copy of the decree concerning the membership of the Labour Advisory Commission as soon as it is issued.

Moreover, the Committee notes the Government’s indication that the Labour Advisory Commission has not undertaken any recent survey on national economic conditions nor has it given any opinion related to minimum wages. The Committee requests the Government to keep it informed of the future work of this tripartite consultative body and transmit copies of any report or other official document it might be assigned to prepare in relation to minimum wages.

Article 5 and Part V of the report form. Practical application. The Committee notes the Government’s explanations about the difficulties in collecting statistical data and the recent measures for the establishment of a Statistical, Information Technology and Prospects Directorate (DSIP) which will be responsible, in cooperation with the National Institute of Statistics and Demography, for conceiving, collecting, analysing and diffusing statistical data and research studies in the field of labour, social protection and occupational safety and health. The Committee would appreciate if the Government would provide in future reports detailed information on the activities of the new statistical institution, especially in the area of minimum wages. It would also be grateful if the Government would continue to supply up to date information on the practical application of the Convention, including for instance the minimum wage rates applicable in different occupations in the private and public sectors, the approximate number of workers remunerated at the minimum wage rate, and labour inspection results or other enforcement measures in respect of minimum wages.

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The Committee notes the information provided by the Government in reply to its previous comments. It notes, in particular, the adoption of the new Labour Code, Act No. 033-2004/AN of 14 September 2004.

Article 3, in conjunction with Article 4, paragraph 1, of the Convention. The Committee notes with interest that, unlike section 108 of the previous Labour Code of 1992, section 179 of the new Labour Code of 2004 expressly refers to the general level of wages, the cost of living and economic factors as being the principal criteria for determining and periodically adjusting minimum wage rates. It also notes the Government’s reference to Decree No. 2006‑655/PRES/
PM/MTSS/MFB of 29 December 2006, which last raised the guaranteed minimum interoccupational wage (SMIG) by 6 per cent from CFA28,778 (approximately US$58) to CFA30,684 (approximately US$62) per month. The Committee asks the Government to provide some indication as to whether the SMIG’s current level is considered adequate to cover the basic subsistence needs of workers and ensure a decent standard of living for them and their families.

In addition, the Committee notes the Government’s statement that most categories of workers are covered by collective agreements that include provisions on minimum wage rates. It requests the Government to provide a copy of such collective agreements. Moreover, the Committee notes the Government’s reference to Decree No. 2000-301/PRES/PM/METSS of 30 June 2000, modifying the minimum wage rates by professional category for the branches of activity not covered by collective agreements. It requests the Government to indicate whether this instrument is still in force notwithstanding the adoption of the abovementioned Decree No. 2006-655/PRES/PM/MTSS/MFB.

Article 4, paragraph 3. The Committee notes that section 376 of the new Labour Code of 2004, which in essence reproduces the provisions of section 230 of the previous Labour Code of 1992, provides for the adoption by the Council of Ministers of a decree setting out the conditions of appointment and number of employers’ and workers’ representatives to the Labour Advisory Commission, their term of office and the rules of procedure. The Committee also notes the Government’s statement that the decree in question is in the process of being adopted and that it is expected to replace the previous one which came into effect in 2003. The Committee asks the Government to forward a copy of the new decree concerning the membership of the Labour Advisory Commission as soon as it is issued.

Moreover, the Committee notes the Government’s indication that the Labour Advisory Commission has not undertaken any recent survey on national economic conditions nor has it given any opinion related to minimum wages. The Committee requests the Government to keep it informed of the future work of this tripartite consultative body and transmit copies of any report or other official document it might be assigned to prepare in relation to minimum wages.

Article 5 and Part V of the report form. The Committee notes the Government’s explanations about the difficulties in collecting statistical data and the recent measures for the establishment of a Statistical, Information Technology and Prospects Directorate (DSIP) which will be responsible, in cooperation with the National Institute of Statistics and Demography, for conceiving, collecting, analysing and diffusing statistical data and research studies in the field of labour, social protection and occupational safety and health. The Committee would appreciate if the Government would provide in future reports detailed information on the activities of the new statistical institution, especially in the area of minimum wages. It would also be grateful if the Government would continue to supply up to date information on the practical application of the Convention, including for instance the minimum wage rates applicable in different occupations in the private and public sectors, the approximate number of workers remunerated at the minimum wage rate, and labour inspection results or other enforcement measures in respect of minimum wages.

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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 with interest the adoption of Act No. 11-92/ADP of 22 December 1992 issuing the Labour Code and of Decree No. 99‑081/PRES/PM/MEF/METSS establishing the hourly rate of the guaranteed minimum interoccupational wage at CFA 166 and the hourly rate of the minimum agricultural wage at CFA 152. It requests the Government to provide additional information on the following points.

Article 3, in conjunction with Article 4, paragraph 1, of the Convention. The Committee notes that, under the terms of section 108 of the Labour Code, the guaranteed minimum interoccupational wages are fixed by decrees issued by the Council of Ministers after opinions have been provided by the Labour Advisory Commission. It also notes that, under the terms of the same provision, in the absence of collective agreements, or where they are silent in this respect, these decrees also establish the occupational categories and the corresponding minimum wages. The Government indicates in its report that the minimum wage  rates currently in force were established by Decree No. 99‑081/PRES/PM/MEF/METSS referred to above. The Government is requested to provide a copy of the above text with its next report. The Committee would also be grateful if the Government would indicate the extent to which and the manner in which, in determining the level of minimum wages, consideration was given to the elements enumerated by the Convention, such as the needs of workers and their families, taking into account the general level of wages in the country or the cost of living, and the periodicity with which adjustments are made to minimum wages taking into account these elements. The Committee requests the Government to provide copies of the legal texts establishing the procedure and the criteria according to which the levels of minimum wages are determined and adjusted.

The Committee also requests the Government to indicate the minimum wage rates established by the Joint Interoccupational Commission in the occupational sectors referred to by the Government in its report, and to provide a copy of the most recent decision on this matter, in view of the fact that the most recent information available to the Committee on this subject dated as far back as 1988.

Article 4, paragraph 3. The Committee notes that, under section 230 of the Labour Code, a Labour Advisory Commission, composed of equal numbers of employers and workers, has been established under the ministry responsible for labour. It also notes that, under the terms of the above section, a decree issued by the Council of Ministers shall establish the conditions for the appointment and the numbers of employers’ and workers’ representatives, the duration of their mandates and the operational procedures of the Commission. It requests the Government to specify whether such a decree has been adopted and, if so, to provide a copy thereof with its next report.

The Committee also notes that, in addition to the cases which have to be referred to the Labour Advisory Commission for the purpose of determining minimum wage rates, the Commission is also responsible for examining elements which may serve as a basis for the determination of the minimum wage, such as the minimum subsistence income and general economic conditions. The Committee requests the Government to attach to its next report copies of any recent opinions issued in relation to minimum wages or any studies carried out recently on this subject by the Labour Advisory Commission.

Article 5 and Part V of the report form. The Committee notes that the Government’s report does not provide the additional information requested in its previous comments concerning the available statistical data on the number and various categories of workers covered by the SMIG, as well as the results of inspections carried out (infringements reported, sanctions imposed, etc.). It trusts that the Government will ensure that such information is compiled and supplied in the very near future.

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The Committee notes the report provided by the Government. It notes with interest the adoption of Act No. 11-92/ADP of 22 December 1992 issuing the Labour Code and of Decree No. 99-081/PRES/PM/MEF/METSS establishing the hourly rate of the guaranteed minimum interoccupational wage at CFA 166 and the hourly rate of the minimum agricultural wage at CFA 152. It requests the Government to provide additional information on the following points.

Article 3, in conjunction with Article 4, paragraph 1, of the Convention. The Committee notes that, under the terms of section 108 of the Labour Code, the guaranteed minimum interoccupational wages are fixed by decrees issued by the Council of Ministers after opinions have been provided by the Labour Advisory Commission. It also notes that, under the terms of the same provision, in the absence of collective agreements, or where they are silent in this respect, these decrees also establish the occupational categories and the corresponding minimum wages. The Government indicates in its report that the minimum wage  rates currently in force were established by Decree No. 99-081/PRES/PM/MEF/METSS referred to above. The Government is requested to provide a copy of the above text with its next report. The Committee would also be grateful if the Government would indicate the extent to which and the manner in which, in determining the level of minimum wages, consideration was given to the elements enumerated by the Convention, such as the needs of workers and their families, taking into account the general level of wages in the country or the cost of living, and the periodicity with which adjustments are made to minimum wages taking into account these elements. The Committee requests the Government to provide copies of the legal texts establishing the procedure and the criteria according to which the levels of minimum wages are determined and adjusted.

The Committee also requests the Government to indicate the minimum wage rates established by the Joint Interoccupational Commission in the occupational sectors referred to by the Government in its report, and to provide a copy of the most recent decision on this matter, in view of the fact that the most recent information available to the Committee on this subject dated as far back as 1988.

Article 4, paragraph 3. The Committee notes that, under section 230 of the Labour Code, a Labour Advisory Commission, composed of equal numbers of employers and workers, has been established under the ministry responsible for labour. It also notes that, under the terms of the above section, a decree issued by the Council of Ministers shall establish the conditions for the appointment and the numbers of employers’ and workers’ representatives, the duration of their mandates and the operational procedures of the Commission. It requests the Government to specify whether such a decree has been adopted and, if so, to provide a copy thereof with its next report.

The Committee also notes that, in addition to the cases which have to be referred to the Labour Advisory Commission for the purpose of determining minimum wage rates, the Commission is also responsible for examining elements which may serve as a basis for the determination of the minimum wage, such as the minimum subsistence income and general economic conditions. The Committee requests the Government to attach to its next report copies of any recent opinions issued in relation to minimum wages or any studies carried out recently on this subject by the Labour Advisory Commission.

Article 5 and Part V of the report form. The Committee notes that the Government’s report does not provide the additional information requested in its previous comments concerning the available statistical data on the number and various categories of workers covered by the SMIG, as well as the results of inspections carried out (infringements reported, sanctions imposed, etc.). It trusts that the Government will ensure that such information is compiled and supplied in the very near future.

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The Committee notes the detailed information contained in the Government's report. It requests the Government, in accordance with Article 2, paragraph 1 of the Convention, read in conjunction with Article 5 and point V of the report form, to provide general information on the application of the Convention in practice, including information on: (i) changes in the guaranteed minimum wage in force; (ii) available statistical data on the number and different categories of workers covered by the guaranteed minimum wage; and (iii) the results of any inspections carried out (violations observed, sanctions imposed, etc.).

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Article 5 of the Convention. The Committee notes the information provided by the Government in reply to its previous comments, and particularly the extracts of labour inspection reports. It notes the Government's statement in its report that no infringements of the provisions of the Convention have been recorded. The Committee asks the Government to continue to provide information on the practical effect given to the Convention, particularly concerning infringements of national provisions on minimum wages and the application of sanctions provided for in Article 2, paragraph 1, of the Convention.

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The Committee takes note of the information supplied by the Government in its reports of 1986 and 1988. It notes that the Government has taken measures to raise awareness among employers and intends to take steps to ensure that effect is given to the Convention particularly with regard to labour inspection activities. The Committee notes with interest Kiti No. An V O128/FP/TRAV fixing minimum guaranteed inter-occupational wages, and the decision of the Inter-Occupational Joint Committee, increasing the basic wages of workers, employees, foremen, technicians and similar categories for 1988.

The Committee hopes that, in its next report, the Government will provide information on the practical effect given to the Convention and, in particular, on extracts of labour inspection reports, in accordance with the provisions of Article 5 of the Convention.