Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Cameroon

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1960)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 1973)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 95 (protection of wages) and 131 (minimum wages) in a single comment.

The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) on the application of Convention No. 95, received in 2016, and the Government’s reply, received in 2017.

Minimum wages

Articles 3 and 4 of Convention No. 131. Elements to be taken into consideration in determining the level of minimum wages. Machinery for the adjustment of minimum wages and participation of the social partners. Further to its previous comments, the Committee notes the adoption of Decree No. 2014/2217/PM of 24 July 2014 readjusting the guaranteed minimum interoccupational wage (SMIG). It also notes the information provided by the Government on the socio-economic factors that were taken into account in the determination of the minimum wage. In addition, it notes the Government’s confirmation of the tripartite composition of the National Labour Advisory Board (CNCT), and the indications that: (i) the decrees determining the minimum wage are adopted following tripartite consultations, including a session of the CNCT convened by the Ministry of Labour; and (ii) economic and financial experts also provided their views.

Article 5. Measures to ensure effective application. Further to its previous comments, the Committee notes the Government’s indication that the numbers, resources, material means and capacities of labour inspectors will be reinforced and controls will be intensified in practice to penalize employers that are not in compliance with the minimum wage regulations. It also notes that the Government refers to difficulties of enforcement in relation to domestic workers in the informal sector. The Committee requests the Government to provide information on the results of the measures adopted to intensify controls of the application of the minimum wage regulations and the other measures adopted or envisaged to address the difficulties noted in the informal sector.

Protection of wages

Article 8 of Convention No. 95. Deductions from wages. In its previous comments, the Committee noted the Government’s indications that the Labour Code was under revision and that section 75, under the terms of which deductions from wages (known as “deposits” or consignations) can be envisaged in the individual labour contract, would be brought into full conformity with the Convention. It notes the Government’s indication in its report that the CNCT has completed its examination of the draft texts for the amendment of the Labour Code and has transmitted them to the competent authorities. The Committee requests the Government to provide information on the progress made in this respect.

Article 12(1). Regular payment of wages. Further to its previous comments concerning wage arrears, particularly in the public service, the Committee notes the Government’s indication that the payment of the wage arrears due to former employees of public enterprises that have been restructured, closed or privatized is being made progressively and that the process is currently at the stage of the settlement of the related disputes. The Committee notes the observations of the UGTC, which refer to the existence of wage arrears. It also notes the Government’s response, according to which measures are currently being taken to reinforce controls and punish employers that are not in compliance with the law. In this regard, the Committee recalls that the application in practice of Article 12 of the Convention is based on three essential elements: (i) efficient control; (ii) appropriate sanctions; and (iii) the means to redress the injury caused, including not only the full payment of the amounts due, but also fair compensation for the losses incurred by the delayed payment (see 2003 General Survey on the protection of wages, paragraph 368). The Committee therefore requests the Government to indicate the means of redress available to workers in the event of delays in the payment of wages.