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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Fixing and adjustment of minimum wage rates. With reference to its previous comments, the Committee notes with interest that the Government, on the recommendation of the National Council on Labour and Labour Legislation, raised the guaranteed minimum inter-occupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) from 13,757 CFA francs to 28,000 CFA francs (approximately 42 euros) per month, an increase of over 100 per cent. The Government explains in its report that the legal minimum wage rates in force dated from 1990 and that, 18 years later, purchasing power has been severely eroded by the devaluation of the franc. In addition, the global economic situation has seriously aggravated this already difficult situation. The Government adds that, in order to enable all social strata to cope with the increasing cost of living, it has also decided to adopt support measures in order to provide relief for workers and help with household costs. The Committee requests the Government to continue supplying information on the operation of the National Council on Labour and Labour Legislation and on any readjustment of the SMIG and SMAG. It would also be grateful if the Government would indicate to what extent the current minimum wage rates are sufficient to ensure a decent standard of living for the least skilled workers and their families.

Article 5 and Part V of the report form. Application in practice. The Committee notes that the Government is establishing machinery enabling it to have reliable and up to date statistics on minimum wage rates and also on the nature of violations reported and penalties imposed. To this end, the Government is requesting technical assistance from the ILO in order to establish a statistical database on the activities of the inspection services. The Committee hopes that the Government will be able to supply in its next report specific information on the practical application of the Convention, including, for example, extracts from the reports of the inspection services indicating the number of infringements reported with regard to the minimum wage, the number of workers covered by the relevant legislation, copies of collective agreements containing clauses relating to the minimum wage, etc.

Finally, the Committee draws the Government’s attention to the conclusions adopted by the ILO Governing Body concerning the relevance of the present Convention, 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). Specifically, the Governing Body decided to classify Convention No. 26 as one of the instruments which are no longer entirely up to date but remain relevant in certain respects. The Committee therefore suggests that the Government consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents some progress in relation to older instruments relating to the fixing of the minimum wage, for example in terms of the wider scope of the general obligation to establish a system of minimum wages and the obligation to establish criteria for fixing and adjusting minimum wage rates. The Committee requests the Government to keep the Office informed of any decision taken or contemplated in this respect.