Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Comoros (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:

The Committee notes the information supplied by the Government in its reports. It also notes the comments sent by the Autonomous Trade Union of Comorian Workers (USATC) and the Government’s reply to them.

  Article 3, paragraph 2(2), of the Convention. In reply to the Committee’s previous comments, the Government states that, despite the adoption of Decree No. 94-047/PM of 3 August 1994 on the organization and operation of the Higher Labour and Employment Council (CSTE), the latter was unable to perform its duties because the Government of the time was unable to supply the material and technical resources needed to organize meetings, the CSTE being composed of members from various islands. In its comments, the USATC states that the CSTE never met and never took any decision on the minimum wage; and that the agreement concluded in 1994 with the Government concerning the principle of tripartite consultations on minimum wages remained a dead letter. It further states that, since 1994, the trade unions have been calling for a minimum wage adjustment nationwide. The Government indicates in this connection that the Minister of Labour tabled proposals for a minimum wage review in 1980, 1982 and 1996 but that the Council of Ministers took no decision owing to the difficult economic circumstances.

The Committee also notes that, by virtue of a ministerial order, new members have been appointed recently to the CSTE to deal with a number of labour and employment issues. It also notes that the Government would be grateful to receive technical assistance from the ILO, particularly in the context of the regional programme to promote social dialogue in French-speaking Africa (PRODIAF), to ensure that the CSTE is actually set up and operates on a regular basis and that its members receive training.

The Committee hopes that the Office will be in a position to provide the requisite assistance very shortly and that the Government will take the necessary steps as soon as possible to reactivate the CSTE so that minimum wages can be fixed or adjusted in accordance with the Convention. It asks the Government to provide detailed information on progress made in this respect.

  Article 5 of the Convention and Part V of the report form. The Committee notes that the Government acknowledges in its report that the minimum wage set by regulation in 1973 at 24 Comorian francs (CF) per hour has still not been reviewed and that no text to update the minimum wage has been drafted for the private sector. The Government nonetheless stresses its intention of relaunching the CSTE tripartite consultations on minimum wages with technical support from the ILO. The Government further states that three categories of regional monthly minimum wages were fixed at Anjouan in 1993-94: CF17,500 for unskilled workers, CF22,500 for skilled workers and management and CF30,000 for higher management. In its comments the USATC deplores the fact that enterprises pay wages of anywhere between CF3,000 and 7,200 per month as they see fit, and some establishments pay wages of CF20 per hour. The USATC also states that the minimum wage is nothing less than "taboo" as far as the authorities are concerned and that there are wages of CF17,000 in the public sector despite a decree of 1987 establishing the minimum wage at CF22,000.

The Committee asks the Government to continue to supply detailed information on developments regarding the rates of minimum wages applied in the country and hopes that the Government will be in a position in the very near future, with technical assistance from the Office, to report that the minimum wage fixing machinery is operating soundly.

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