Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Guinea-Bissau (Ratification: 1977)

The Committee notes the information supplied in the Government's report in reply to its previous comments.

Articles 1 and 2 of the Convention. The Committee notes with interest that sections 110, 111 and 114 of the General Labour Act of 5 April 1986 provide for machinery for the fixing of minimum hourly and monthly wages to be established by Decree of the Council of Ministers after consulting the organizations of workers and employers or, in their absence, their legitimate representatives. It requests the Government to specify whether the above Decree has been adopted and, if so, to provide a copy of it.

Article 3, paragraphs 1 and 2. The Committee notes that the competent authority for the application of laws and regulations respecting the fixing of minimum wages is the Ministry of Public Administration and Labour, acting through the General Directorate of Employment and Vocational Training, as well as the general labour inspectorate. The Committee requests the Government to provide information on the machinery used to consult the representatives of employers and workers concerned with regard to the fixing of minimum wages. It also requests it to indicate the means by which the employers and workers concerned are associated in the operation of the minimum wage fixing machinery.

Article 4, paragraphs 1 and 2. The Committee requests the Government to specify the measures which have been taken to ensure that the employers and workers concerned are informed of the minimum rates of wages in force and that wages are not paid at less than the applicable minimum rates. It also requests the Government to indicate whether recourse procedures exist enabling a worker to whom the minimum rates are applicable and who has been paid wages at less than these rates, to recover the amount by which he or she has been underpaid.

Article 5, in conjunction with point V of the report form. The Committee reiterates the request that it has been making for many years for the Government to provide information on the approximate number of workers to whom minimum wages apply and other information on the effect given in practice to the Convention, such as extracts of reports of the inspection services on their activities to ensure compliance with minimum wages (number of offences reported, sanctions imposed, etc.). The Committee hopes that the Government will not fail to provide the respective information in the near future.