Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Congo (Ratification: 1960)

Article 3 of the Convention. Minimum wage-fixing machinery. The Committee notes that the Government refers in its last report to Decree
No. 2006-09 of 9 March 2006, which fixes the new hourly and monthly rates for minimum wages. The Committee understands that the guaranteed inter-occupational minimum wage (SMIG) is currently 54,000 CFA francs (approximately US$100). The Committee would therefore be grateful if the Government would send a copy of the text of this Decree and at the same time clarify the rate of the guaranteed minimum wage in agriculture (SMAG) currently in force. It also repeats its request to receive copies of recent collective agreements fixing minimum wage rates in certain branches of activity.

The Committee also notes that the fixing of minimum wage rates and procedures for their implementation are determined by the National Advisory Commission for Labour. It recalls that Decree No. 94-33 of 16 February 1994, which amends and completes the provisions establishing the structure and operating conditions of the National Advisory Commission for Labour, states in section 2 that the mission of the Commission is to study elements which can serve as a basis for the determination of minimum wages, minimum living wage levels, and general economic conditions. The Committee would therefore be particularly interested in receiving copies of studies or statistics which served as a basis for the National Advisory Commission for Labour when the minimum wage was last adjusted in 2006. It hopes that the Government will be in a position to supply updated information on changes in minimum wage levels in the country, particularly in relation to trends in economic indicators such as inflation, and also on the capacity to maintain the purchasing power of workers and their families at a decent level.

Article 4 and Part V of the report form. The Committee notes with interest the information supplied by the Government on the role and structure of the labour administration. While noting Decree No. 98-124 of 12 May 1998, which establishes the structure and functioning of the labour inspection services, the Committee observes that little information has been supplied on supervisory measures or penalties which guarantee the application of legislation relating to the minimum wage. The Committee requests the Government to supply more detailed information on the functioning of the inspection services with regard to the application of the legislation on the minimum wage and also on the measures taken to monitor observance of minimum wage rates by employers and put a stop to any infringements. It also requests the Government to supply any information indicating the way in which the Convention is applied in practice, particularly statistics on the number of workers paid at the minimum wage rate.

Finally, the Committee takes this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body on the basis of the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Governing Body considered that Convention No. 26 was one of the instruments which were no longer fully up to date, even though they were still relevant in certain respects. The Committee therefore suggests that the Government examine the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents a degree of progress in comparison with previous instruments concerning the fixing of a minimum wage, for example by providing for a wider scope, the setting up of a general minimum wage system and, finally, the adoption of certain criteria for determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or contemplated on this subject.