Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the information supplied by the Government in response to the Committee’s previous direct requests.

Articles 1 and 3, paragraph 1, of the Convention. The Committee notes the Government’s indication that at some point the Government had decreed a minimum wage of 12,000 XOF, which was later raised by the national unity Government to 42,000 XOF on the basis of an agreement with the National Union of Workers of Guinea-Bissau (UNTG). The Committee also notes the information according to which the minimum wage originally decreed by the Government is still formally in force but not applied in practice since trade unions no longer accept that rate and claim an increase of 2,500 XOF and a bag of rice for every civil servant. In addition, the Committee notes that the Government is taking steps for the first time to establish a national minimum wage by next year. Recalling that minimum wage fixing entails providing wage earners with minimum permissible wage levels account being taken of the needs of the workers and their families, the Committee hopes that appropriate measures will soon be taken to put into practice the legislative machinery provided for in section 110(1) of the General Labour Act No. 2 of 5 April 1986 in conformity with the provisions of the Convention. It requests the Government to keep it informed of any future developments in this regard.

Article 3, paragraph 2(1) and (2). The Committee notes the Government’s statement to the effect that it continues to be difficult to carry out tripartite consultations in an institutionalized manner but that consulting representative workers’ and employers’ organizations remains a priority and features in the government programme for implementation this year. The Committee once again points out the need for workers’ and employers’ organizations to be associated in the establishment and operation of the minimum wage-fixing machinery, it being understood that their representatives should be able to have a real influence on the decisions to be taken and that they should participate in equal numbers and on equal terms in the system of fixing minimum wages. The Committee hopes that steps will soon be taken to give effect to the requirements of this Article and asks the Government to keep it informed of any progress achieved in this regard.

Article 4. Further to its previous comments, the Committee notes the Government’s indication that, in the absence of a fixed minimum wage, it does not inform civil servants or workers of minimum wage rates and also that a worker may appeal to his hierarchical superior if he receives less than he should for his grade. It again requests the Government to specify the relevant legislative or regulatory provisions designed to guarantee respect for minimum wage levels, such as the possibilities of recovering by legal, judicial or other means, the amount due to workers who appear to have received wages lower than at the minimum wage rate, together with the penalties provided for in case of infringement of the provisions relating to minimum wages.

Article 5 of the Convention and Part V of the report form. The Committee notes that the Government has not been able to define the number of workers receiving the minimum wage and also that inspection reports are not available. The Committee can only hope that the Government will make every effort to collect and communicate in future reports detailed information on the application of the Convention in practice, such as the number and different categories of workers covered by minimum wage provisions, the minimum rates of wages in force, the results of any inspections made, the cases of infringements observed and the penalties imposed.