Protection of Wages Convention, 1949 (No. 95) - Mali (RATIFICATION: 1960)

CMNT_TITLE

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 (minimum wages) and 95 (protection of wages) together.

The Committee notes the observations of the National Council of Employers of Mali (CNPM), provided with the Government’s report.

Article 3(1) and (2) of Convention No. 26. Minimum wage-fixing machinery and participation of the social partners. In its previous comment, noting that section 284 of the Labour Code provides that: (i) the opinion of the Higher Labour Council (CST)is required in all cases in which regulations have to be issued under the provisions of the Labour Code; and (ii) the CST is also responsible for examining the elements that could serve as a basis for the determination of the minimum wage, the Committee requested the Government to provide information on the effect given in practice to section 284 of the Labour Code on the occasion of a future examination of the rates of the guaranteed minimum interoccupational wage (SMIG). The Committee notes the Government’s indication in its report that it undertakes to provide this information at the forthcoming examination of the SMIG. The Committee notes that the last examination of the SMIG took place in 2016. Hoping that the process for the examination of the SMIG will be reactivated in the near future, the Committee once again requests the Government to provide information on the effect given in practice to section 284 of the Labour Code on the occasion of this examination.

Article 12 of Convention No. 95. Regular payment of wages. In its previous comment, the Committee noted the observations of the Confederation of Workers’ Unions of Mali (CSTM), according to which certain parapublic institutions have several months of wage arrears, including delays in the payment of wages of between four and nine months for the workers of the Mali Geographical Institute (IGM). The Committee notes the Government’s indication that the payment of wage arrears for the workers of the IGM and for the territorial authorities are being regularized. The Committee notes that the CNPM in its observations indicates that the Government has not provided any information on this subject, including on the number of months paid to date. The Committee requests the Government to take the necessary measures, in consultation with the social partners, to resolve the problem of wage arrears and to provide information in this regard.

CMNT_TITLE

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 (minimum wages) and 95 (protection of wages) together. The Committee notes the observations of the Confederation of Workers’ Unions of Mali (CSTM), received in 2017, on the application of these Conventions.

Legislative developments. Further to its previous comments, the Committee notes the adoption of Act No. 2017-021 of 12 June 2017 (a copy of which is attached to the Government’s report) amending several provisions of the Labour Code, to strengthen in particular the provisions on the protection of wages.

Minimum wages

Article 3(1) and (2) of Convention No. 26. Minimum wage-fixing machinery and participation of the social partners. Further to its previous comments, the Committee notes the adoption of Decree No. 2015-0363/P-RM of 19 May 2015 setting the guaranteed minimum interoccupational wage (SMIG). It also notes that section 284 of the Labour Code provides that: (i) the opinion of the Higher Labour Council is required in all cases in which regulations have to be issued under the provisions of the Labour Code; and (ii) the Higher Labour Council is also responsible for examining the elements that could serve as a basis for the determination of the minimum wage. The Committee requests the Government to provide information on the effect given in practice to section 284 of the Labour Code on the occasion of a future examination of the rates of the SMIG.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages. In its previous comments, the Committee noted the existence of repeated delays in the regular payment of wages in all sectors and requested the Government to intensify its efforts to resolve this situation. In this regard, the Committee notes the Government’s indication that no delay in the payment of wages has been reported since 2014. The Committee nevertheless notes that, according to the CSTM, certain parapublic institutions have several months of wage arrears, including delays in the payment of wages of between four and nine months for the workers of the Mali Geographical Institute. The Committee requests the Government to provide its comments on the CSTM’s observations.

CMNT_TITLE

Articles 1, 6 and 7 of the Convention. Definition of the term “wages”, prohibition of limiting the freedom of workers to dispose of their wages and the use of works stores free from coercion. With reference to its 2009 comment, the Committee notes the Government’s indication that the Council of Ministers adopted a Bill on 8 May 2013 to amend Act No. 92-020 of 23 September 1992 issuing the Labour Code, which gives effect to the provisions of the Convention, and particularly to Articles 1 (definition of the term “wages”), 6 (prohibition of limiting the freedom of workers to dispose of their wages) and 7 (use of works stores free from coercion) of the Convention. The Government adds that the National Assembly will approve the Bill before it is promulgated by the President of the Republic. The Committee hopes that the Bill will be enacted in the very near future and requests the Government to keep it informed of any progress in this respect and to provide the text of the Act when it has been promulgated.

Article 12. Payment of wages at regular intervals. The Committee notes that, according to the Government’s indications, enterprises in Mali in all sectors have encountered enormous economic and financial difficulties, which have had the consequence of many workers being temporarily laid off, repeated delays in the regular payment of wages, and even the closure of several enterprises. Although it would appear that the problem of wage arrears is directly related to the general situation of the country, the Committee considers that economic and financial difficulties do not dispense the Government from its responsibility of ensuring the payment in good time and in full to workers of the wages due for the work performed or for services provided, in accordance with the requirements of Article 12 of the Convention. The Committee hopes that the Government will intensify its efforts and use all the means at its disposal to resolve any delays in the payment of wages. The Committee requests the Government to keep it informed of any progress achieved in this respect.

CMNT_TITLE

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

Repetition

The Committee notes the Government’s statement that it has prepared draft provisions giving effect to Article 1 (definition of the term “wages”), Article 6 (prohibition of limiting workers’ freedom to dispose of their wages), and Article 7 (use of works stores free from coercion) of the Convention on which the Committee has been commenting since the adoption of the Labour Code of 1992. The Committee hopes that the Government will take the necessary legislative measures shortly and that it will supply information on these points in future reports.

CMNT_TITLE

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

The Committee notes the Government’s statement that it has prepared draft provisions giving effect to Article 1 (definition of the term “wages”), Article 6 (prohibition of limiting workers’ freedom to dispose of their wages), and Article 7 (use of works stores free from coercion) of the Convention on which the Committee has been commenting since the adoption of the Labour Code of 1992. The Committee hopes that the Government will take the necessary legislative measures shortly and that it will supply information on these points in future reports.

In addition, the Committee notes the Government’s indication that the labour inspection services are insufficiently funded and therefore lack the means for discharging their responsibilities of supervision and enforcement. It also notes that there have been no complaints filed with the inspection services for violations of the legislation in respect of wage protection. The Committee hopes that the Government will not fail to collect and transmit full particulars concerning the practical application of the Convention as soon as the conditions so permit. In particular, the Committee would appreciate receiving detailed information on any difficulties experienced in the private or public sector concerning the timely payment of wages.

CMNT_TITLE

The Committee notes the Government’s statement that it has prepared draft provisions giving effect to Article 1 (definition of the term “wages”), Article 6 (prohibition of limiting workers’ freedom to dispose of their wages), and Article 7 (use of works stores free from coercion) of the Convention on which the Committee has been commenting since the adoption of the Labour Code of 1992. The Committee hopes that the Government will take the necessary legislative measures shortly and that it will supply information on these points in future reports.

In addition, the Committee notes the Government’s indication that the labour inspection services are insufficiently funded and therefore lack the means for discharging their responsibilities of supervision and enforcement. It also notes that there have been no complaints filed with the inspection services for violations of the legislation in respect of wage protection. The Committee hopes that the Government will not fail to collect and transmit full particulars concerning the practical application of the Convention as soon as the conditions so permit. In particular, the Committee would appreciate receiving detailed information on any difficulties experienced in the private or public sector concerning the timely payment of wages.

CMNT_TITLE

The Committee notes with regret that the information provided by the Government is essentially the same as that contained in its previous report and does not reply to the Committee’s direct request. It is therefore bound to reiterate the points raised in its previous comments.

Article 1 of the Convention. The Committee recalls that the Labour Code of 1992 does not contain a definition of the term "wages" and that the Government undertook to fill this gap. It hopes that the Government will soon be in a position to report on the progress made in this regard. Furthermore, the Committee takes this opportunity to emphasize, as it pointed out in paragraph 47 of its 2003 General Survey on the protection of wages, that the real aim of the Convention is to ensure that all remuneration or earnings, however designated and payable under a contract of employment, are covered by the protection afforded by Articles 3-15.

Article 6. Further to its previous comments, the Committee requests the Government to take the necessary measures in order to give full effect to this provision of the Convention. It recalls, in this regard, paragraph 210 of the General Survey mentioned above, according to which "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 and 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".

Article 7. While noting the Government’s indications concerning the operation of cooperatives, as well as the employer’s obligation to supply provisions to workers working on farms far from any regular market where basic foodstuffs are sold, the Committee requests the Government to indicate whether company stores still exist in the country, and if so, to indicate the legislative provisions or regulations adopted to ensure workers are free from any coercion to make use of such stores.

Part V of the report form. The Committee would be grateful if the Government would provide in its next report specific information on the effect given to the Convention in practice, including, for instance, reports of the labour inspection services, statistics on the number of inspections carried out and their results in relation to the matters addressed in the Convention, as well as any other information which would enable the Committee to monitor compliance with the standards set out in the Convention.

CMNT_TITLE

The Committee notes the information supplied by the Government in reply to its previous request, in particular, regarding the application of Articles 4, 10 and 14 of the Convention. It also notes Decree No. 96 178/P RM of 13 June 1996 concerning the application of various provisions of Act No. 92 020 of 23 September 1992 establishing the Labour Code, and Order No. 96 1566/MEFPT SG of 7 October 1996 concerning practical measures for the application of certain provisions of the Labour Code.

Article 1 of the Convention. The Committee notes that the Government intends to insert a definition of the term "wages" in the Labour Code on the next suitable occasion. It requests the Government to provide information in future reports on any progress made in this regard.

Article 6. The Committee recalls that this Article requires an appropriate legislative provision expressly prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. It hopes that the Government will be able to take the necessary measures in due course to bring the national legislation into full conformity with the Convention on this point, and asks it to provide information on any developments in this matter.

Article 7. The Committee notes the Government’s explanations concerning the operation of cooperatives. It again asks the Government to indicate the measures taken or envisaged to ensure that workers are free from any coercion to make use of such stores or services and that the commodities are sold at fair and reasonable prices exclusively for the benefit of the workers concerned.

Part V of the report form. Further to its previous comment, the Committee requests the Government to supply detailed information on the practical application of the Convention, including information on infringements of relevant laws and regulations reported and sanctions imposed.

CMNT_TITLE

The Committee notes the Labour Code (Act No. 92-020 of 23 September 1992). It asks the Government to supply additional information on the following points.

Article 1 of the Convention. The Committee notes that the Labour Code does not contain a definition of the term "wages". The Government defines the term in its report. Please state whether this definition is contained in any other legal text such as a decree, an order or regulations.

Article 4. The Committee asks the Government to send the decrees adopted under section L.96(2) and (3) of the Code.

Articles 6 and 7. The Committee notes that the Code contains no provisions giving direct effect to these Articles of the Convention. It also notes the information on the application of these Articles in the Government's report. It asks the Government to indicate the measures taken or contemplated to ensure, where necessary, the implementation of Article 6 and 7, particularly in order to ensure that workers are at liberty to make use or not of works stores, cooperatives or similar services, and that goods are sold and services provided at fair and reasonable prices and for the benefit of the workers concerned.

Article 10. The Committee asks the Government to provide the texts adopted under the provisions of section L.123 of the Code.

Article 14. The Committee asks the Government to provide the ministerial order adopted pursuant to section L.109 of the Code.

Point V of the report form. The Committee would be grateful if the Government would provide information on how the Convention is applied is practice.