Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Djibouti (Ratification: 1978)

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

Repetition

Article 1 of the Convention. Establishment of minimum wage fixing machinery. Further to its previous comments on the abolition of the guaranteed interoccupational minimum wage (SMIG) system, the Committee notes the information contained in the Government’s report, according to which: (1) based on a broad interpretation of section 260 of the Labour Code, the minimum wage rates fixed through collective agreements are legally binding; (2) a new National Council for Labour, Employment and Social Security (CONTESS) was established by Decree No. 2012-273/PR/MTRA of 30 December 2012, which was also the date of its first meeting; (3) the minimum wage was adjusted to 35,000 Djibouti francs (or US$200), along with low wages, under the new collective agreement of the public administration and public establishments, concluded on 26 December 2011; (4) 3,784 contractual employees have benefited from this adjustment; and (5) the Minister urged the private sector to adjust the minimum wage when renegotiating collective agreements.

While noting this information, the Committee observes that minimum wages continue to be determined solely through collective bargaining, and that the Government does not mention any decision on the reintroduction of a national minimum wage. The Committee wishes to recall once again that the Convention provides for the establishment of machinery to fix minimum wage rates for workers employed in trades or parts of trades in which no arrangements exist for the effective regulation of wages by collective agreement, and wages are exceptionally low. It also recalls that the establishment of minimum wage fixing machinery outside the system of collective bargaining is essential for ensuring effective social protection for workers who are not covered by the rules relating to collective agreements, and that the Government must take the necessary measures to ensure that the application of minimum wage rates set by collective agreement is linked to a system of supervision and effective penalties. The Committee hopes that the Government will take the necessary measures to bring its national law and practice into full conformity with this provision of the Convention.

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