Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the discussion that took place in the Committee on the Application of Standards at the 95th Session of the International Labour Conference (June 2006). It notes, in particular, the Government’s explanations regarding the reasons that led to the abolition of the system of guaranteed interoccupational minimum wage (SMIG). It also notes that the new Labour Code (Act No. 133/AN/05/5ème L) promulgated in 2006 contains no reference to a statutory minimum wage and provides instead that wages are to be fixed through collective, enterprise or individual agreements.

The Committee recalls that in its conclusions the Conference Committee expressed concern that by dismantling the SMIG, the Government might deprive large numbers of workers who might not be covered by collective agreements from any protection with regard to minimum acceptable wage levels. Moreover, the Conference Committee requested the Government to take the necessary steps to ensure that minimum wage rates determined by means of collective agreements were legally binding and could not be lowered, and that their non-observance was subject to sanctions. The Conference Committee accordingly asked the Government to supply detailed information to the Committee of Experts concerning the sectors or branches of economic activity and the different categories of workers covered by collective agreements, as well as the approximate number of workers whose remuneration is not regulated by means of collective agreement. The Committee regrets that no reply has so far been received, and hopes that the Government will make every effort to collect and transmit all requested information very shortly.

The Committee understands that the Office has been in contact with the Government with a view to planning a technical assistance mission to follow up on the conclusions of the Conference Committee.

[The Government is asked to reply in detail to the present comments in 2007.]