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

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

Articles 8, 9 and 10 of the Convention. Deductions from wages and attachment and assignment of wages. Further to its previous comments on the application of Articles 8, 9 and 10 of the Convention, the Committee notes the Government’s statement to the effect that steps will be taken to adopt legal texts that will give full effect to these provisions of the Convention. The Committee requests the Government to keep it informed of any developments in this respect and to provide a copy of the texts as soon as they have been adopted. The Committee also notes that the Government may request, if it so wishes, the technical assistance of the Office.

Article 12, paragraph 1. Regular payment of wages. The Committee understands that Benin is currently experiencing serious problems concerning wage arrears. According to various sources, the wage debt stands at 190 billion CFA francs and the country’s main trade union organizations have begun to take protest action in a bid to secure full payment of wage arrears. The Committee recalls that wages are indispensable for the maintenance of the worker and wishes to refer to paragraph 355 of its General Survey of 2003 on protection of wages, which states that the accumulation of wage debts clearly contravenes the letter and the spirit of the Convention and renders the application of most of its other provisions simply meaningless. Consequently, the Committee requests the Government to provide detailed information on the extent of the problem (number of workers affected, sectors concerned, average delay of payment) and on the steps taken or envisaged to put an end to the wage arrears phenomenon and enable the workers concerned to recover all the sums of money they are owed.

Article 14(a). Information for workers. The Committee notes that section 63 of the General Collective Labour Agreement of 30 December 2005, applicable to enterprises in the private and para-public sectors, guarantees the issue of wage statements to workers, indicating the various particulars of their wages. The Committee requests the Government to specify the legal texts, where they exist, which guarantee the issue of wage statements to workers in the public sector.