Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Protection of Wages Convention, 1949 (No. 95) - Congo (Ratification: 1960)

1. The Committee notes that at its 268th Session (March 1997), the Governing Body adopted the report of the Committee set up to examine the representation made by the Trade Union Confederation of Congo Workers (CSTC), under article 24 of the ILO Constitution, alleging non-observance by Congo of Convention No. 95. The Governing Body invited the Government to furnish, in the reports on the application of the Convention, detailed information on: (i) the regular payment of wages to public servants and workers in public enterprises or state property; (ii) the payment of sums owing in respect of delayed wages for the period 1992-96, including the number of wage-earners affected, the nature and amount of the debts involved, the number and type of administrations and enterprises concerned in the non-payment of wages owing for this period, and the amounts of the payments made; (iii) the possible implementation of the proposal made by the Government in April 1994 guaranteeing wage debts and the methods used for the payment of arrears; and (iv) the final payment of the amounts owing in respect of wages not only to public servants whose case has been submitted to the Administrative Appeals Committee, but also to workers in public enterprises or state property who have stopped work for good.

In response, the Government has provided the following information: (i) the concerted measures designed to scale down wages and indemnities in proportion to the reduction in working hours have enabled the regular payment of wages to public servants and other employees of public establishments receiving money from the state budget to be re-established. The regular payment of wages in public enterprises or state property is in the process of being established; (ii) the wages owing for the period 1992-96 to public servants will be paid gradually beginning in 1997, on the basis of the funding available. All public servants and employees of public establishments receiving money from the state budget during this period are affected and the arrears owing are estimated at 124 thousand million francs which represent allowances and compensations; (iii) wage debts are guaranteed since the arrears are included in the State's internal debt. They will be reimbursed partly in cash while the rest will be in the form of vouchers which may be redeemed at treasury offices; (iv) the Government has not yet completed its examination of the conclusions reached by the Administrative Appeals Committee with regard to the non-permanent public servants struck off the civil service list. The former workers of public enterprises or state property which have been liquidated regularly receive sums in respect of the payment of their entitlements from the State.

The Committee notes this information and requests the Government to indicate the measures taken to ensure the application of the Convention in this regard.

2. The Committee also notes the information supplied by the Government concerning the question of the payment of the sums owing to the former workers of the Ogoué Mining Company (COMILOG), in particular that many political and diplomatic contacts have been established with the Government of Gabon so that it may get COMILOG to face up to its responsibilities. The Committee requests the Government to indicate the measures taken to ensure the payment of the sums owing to the COMILOG workers.

[The Government is asked to report in detail in 1998.]