Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the report sent by the Government in response to observations made by the General Confederation of Labour-Liberty
(CGTL) of Cameroon. It notes with regret, however, that the Government’s replies are very brief and contain no fresh information about the measures taken to ensure implementation of the Convention.

Article 8, paragraph 1, of the Convention. Deductions from wages. The Committee refers to its previous comments regarding section 75(1) of Act No. 92/007 of 14 August 1992 issuing the Labour Code and section 4 of Decree No. 94/197/PM of 9 May 1994 regarding deductions from wages, under which such deductions, known as “deposits”, may be prescribed in collective agreements or individual labour contracts. It reminds the Government that according to Article 8(1) of the Convention, such deductions may be permitted only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award. Consequently, they may not be prescribed by a mere individual work contract. The Committee notes that in its 2008 report, the Government stated it expected the National Labour Advisory Board to examine the relevant legal texts. It notes that in reply to CGTL’s observations on this matter, in its last report the Government invites the above organization to make proposals for consideration by the National Labour Advisory Board. The Committee stresses that social dialogue is of fundamental importance to the implementation of international labour standards, and points out that responsibility for alignment of the national legislation with the Convention ultimately rests with the Government. The Committee accordingly asks the Government to send all relevant information on measures taken to bring the legislation into line with the Convention on this matter. The Government is asked to send the Office a copy of any draft amendments to section 75(1) of the Labour Code and section 4 of Decree No. 94/197/PM of 9 May 1994 that may have been submitted to the National Labour Advisory Board for consideration.

Article 12, paragraph 1. Payment of wages at regular intervals. In the absence of any information on this matter in the Government’s last report, the Committee again asks the Government to supply detailed information on the operation of the special commission set up to calculate and settle wage entitlements and arrears of former employees of state and semi-public enterprises which are being wound up because of the economic crisis, to which the Government referred in its report for 2008, together with details of the results obtained by the commission. The Government is also asked to provide information on the extent of the wage arrears problem in the various sectors of the economy and on the measures taken to remedy it.

The Committee furthermore notes that Decree 2008/099 of 7 March 2008 to raise the basic monthly pay of civilian and military personnel, increased the pay of these persons by 15 per cent as from 1 April 2008. The Committee requests the Government to provide information on the financial implications of this measure, especially as far as the overall wage debt is concerned.

With regard to the education sector, the Committee notes from the information in the report sent by the Government in 2008 that private sector employers have made efforts to reduce, and even eliminate, wage arrears. The Committee asks the Government to provide particulars of the measures taken to this end by the employers concerned.

Lastly, with regard to education establishments in the public sector, the Committee notes that in its report for 2008, the Government stated its intention of pursuing the operation to issue contracts to teaching staff, who are paid immediately out of HIPC (heavily indebted poor country) funds. It notes that the HIPC initiative, launched under the auspices of the International Monetary Fund and the World Bank, seeks to combat poverty by securing financing for the social sectors out of funds that were initially to be paid to the country’s donors. The Committee understands that a large number of teachers have been recruited under such contracts since 2007 and asks the Government to provide further information on the implementation of the HIPC initiative and on any results it may have made possible in terms of reducing wage arrears.