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

Democratic Republic of the Congo

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1960)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1969)

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 Convention No. 26 (minimum wages) and Convention No. 95 (protection of wages) in a single comment.

Minimum wage

Article 3 of Convention No. 26. Minimum wage-fixing machinery and consultation with the social partners. Further to its previous comments, the Committee notes the information provided by the Government in its report, namely concerning the work undertaken in 2017 within the National Labour Council to revise the interoccupational guaranteed minimum wage. The Committee also notes the subsequent adoption of Decree No. 18/017 of 22 May 2018 fixing the interoccupational guaranteed minimum wage.

Protection of wages

Article 8 of Convention No. 95. Deductions from wages. In its previous comments, the Committee referred to the deductions authorized under section 112 of the Labour Code. There is no limit applicable to each deduction or an overall limit. While noting the Government’s indication that the issue will be addressed by the National Labour Council, the Committee recalls the importance of fixing such limits in order to protect the income of workers in the case of multiple deductions (see 2003 General Survey on the protection of wages, paragraph 296). The Committee therefore requests the Government to take the necessary measures, on the basis of discussions within the National Labour Council, to establish limits on the amount of deductions from wages permitted, and to provide information in this regard.