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

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

Article 1(1) of the Convention. Methods for fixing and adjusting the minimum wage. The Committee notes the adoption of Decree No. 855/PR/MTE of 9 November 2006, which increases the guaranteed interoccupational minimum wage (SMIG) to CFA francs 80,000 per month (about US$171). It also notes that Decree No. 0127/PR/MBCPFPRE of 23 April 2010 extends applicability of the minimum monthly wage, which was previously applicable only to the public and semi-public sectors, to workers employed in the private sector and sets the amount thereof, composed of the SMIG and allowances for items such as transport and lodging, at CFA francs 150,000 per month (about US$321). However, the Committee notes that domestic workers and local community staff do not belong to the categories to whom the minimum monthly wage is applicable. Recalling that the objective of the Convention is to avoid the payment of very low wages in industries for which there is no effective system for fixing minimum wages, the Committee requests the Government to indicate the grounds on which domestic workers have been excluded from the scope of the abovementioned Decrees. It also requests the Government to indicate the manner in which the SMIG takes due account of the real needs of these workers and their families, to state whether it is planned to adjust the rate of the SMIG and, if so, to indicate when this will be done. Moreover, the Committee wishes to take this opportunity to draw the Government’s attention to the adoption of Convention No. 189 and Recommendation No. 201 on domestic workers, which aim to ensure decent living and working conditions for domestic workers. The Committee hopes that the Government will soon be in a position to ratify Convention No. 189 and requests it to keep the Office informed of any further developments in this respect.

Finally, the Committee understands that the increase in the SMIG and the extension of the scope of the minimum monthly wage have been the subject of tripartite consultations within the National Wage Review Board (CNES). The Committee would be particularly interested to receive a copy of the studies and statistics used as a basis for the work of the CNES and of the opinions issued by it in the context of the consultations. Moreover, the Committee notes that, under the terms of section 250 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, the powers, structure and operation of the CNES are fixed by regulation. The Government indicates in its report that the composition of the CNES is determined by decree adopted on the proposal of the Minister of Labour. The Committee requests the Government to indicate whether such a decree has been adopted and, if so, to send a copy of it.

Article 5 and Part V of the report form. Practical application. The Committee requests the Government to send information in its next report on the application of the Convention in practice, including statistics on the number of workers who are paid the SMIG, extracts from reports of the inspection services containing information on the number of infringements reported and the corrective measures taken, and also all official documents or studies dealing with wage policy issues, which would enable an evaluation to be made of the manner in which the Convention is applied.

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 Conventions Nos 26 and 99 were two 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 ratification of Convention No. 131 appears especially desirable in view of the fact that national law already establishes a national minimum wage applicable to all economic sectors, including agriculture. The Committee requests the Government to keep the Office informed of any decision taken or contemplated in this regard.