Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Protection of Wages Convention, 1949 (No. 95) - Niger (Ratification: 1961)

Article 12(1) of the Convention. Payment of wages at regular intervals. The Committee notes the Government’s indication that section 206 of Decree No. 67‑126/MFP/T of 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation to pay at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis, is no longer applicable by virtue of section 343 of the Labour Code of 1996 which repeals all regulatory provisions that are not in harmony with the provisions of the Code. The Government refers to section 160 of the Labour Code which prescribes that wages have to be paid at regular intervals not exceeding 15 days in the case of workers employed by the day or week and not less often than once a month in the case of employed persons whose remuneration is calculated on a bi-monthly or monthly basis. The Government adds that the draft decree on regulations implementing the Labour Code reproduces textually the provisions of the Convention. The Committee notes the Government’s explanations and requests the Government to transmit a copy of the new regulations implementing the Labour Code as soon as it has been adopted.

With regard to the problem of wage arrears, the Committee notes the Government’s statement that, since 1999, the wages of public sector workers have been paid regularly and all previous difficulties have been resolved following the establishment of the Committee for the Settlement of the Internal State Deficit (CADIE). The Committee understands that the committee responsible for the settlement of wage arrears has reportedly announced the completion of its mission in July 2008 after having paid a total of 6 billion CFA francs (approximately US$13 million) of wage arrears to public employees. The Committee would appreciate if the Government would clarify whether any difficulties remain regarding the payment of wages on time and in full in either the public or private sector, or whether any measures have been taken or planned to prevent similar situations in the future.

The Committee is raising other points in a request addressed directly to the Government.