Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Côte d'Ivoire (Ratification: 1960)

Article 3(1) of the Convention. Methods for fixing and adjusting the minimum wage. The Committee recalls its previous comment in which it noted that the guaranteed interoccupational minimum wage (SMIG) was last reviewed in 1994 and that the Labour Advisory Committee appeared to be no longer functioning. In its last report, the Government provided information on the theoretical calculation of the SMIG on the basis of 140 essential consumer goods and on the role of the Labour Advisory Committee in the mechanism for increasing minimum wage rates fixed by agreement. The Government confirmed, however, that the minimum wage has remained effectively unchanged for more than 17 years and, consequently, the Labour Advisory Committee has been unable to give its opinion on any revision thereof. The Committee notes the Government’s statement that discussions concerning the new amount of the minimum wage culminated in a unanimous agreement between the Government and the social partners, and a decree establishing the new minimum wage is due to be adopted once the comprehensive reform of the National Social Security Fund (CNPS), which indexes some of its benefits to the amount of the minimum wage, has been completed. It also notes the recommendation signed by the social partners calling for the SMIG to be reset at CFA francs 60,000 (approximately US$119) and proposing a meeting of the Labour Advisory Committee for this purpose. The Committee hopes that the rate of the SMIG will be revised in the very near future in such a way as to guarantee a decent standard of living for workers and their families, and requests the Government to keep the Office informed of any measures taken or contemplated in this regard. Moreover, the Committee would be particularly interested to receive copies of statistics and surveys, especially the survey of family budgets conducted by the statistics service, used by the Labour Advisory Committee as a basis for its work, and also copies of branch collective agreements fixing minimum wage rates.

Article 3(2)(3). Different minimum wage rates based on age. According to the Government’s report, section 23.2 of the preliminary draft amendments prepared in September 2010 to the Labour Code states that young workers shall not be paid at a lower rate or be placed in a lower occupational category on account of their age. The Committee requests the Government to send a copy of this preliminary draft to the Office.

Article 5 and Part V of the report form. Practical application. The Committee notes that, because of the current socio-political situation, the Government faces increasing difficulties in the collection of specific data concerning the application of the legislation to the minimum wage rate. It hopes that the Government will soon be in a position to compile and send general information on the manner in which the Convention is applied in practice, including statistics on the number of workers paid at the minimum wage rate and extracts from the reports of the inspection services indicating the number and nature of reported infringements and the corrective action taken.

Finally, the Committee wishes to take 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 up to date, even though they were still relevant in certain respects. The Committee therefore suggests that the Government contemplate 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 in this regard.