Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Sierra Leone

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1961)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1961)
Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) (Ratification: 1961)

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. 26 and 99 (minimum wages) and No. 95 (wage protection) together.

The Committee notes the observations of the Sierra Leone Employers Federation (SLEF) on the implementation of Conventions Nos. 26, 95 and 99, transmitted with the Government’s report.

Legislative developments. The Committee previously noted that in the context of the revision of the national labour legislation, a draft Labour Act was prepared with the assistance of the Office. The Committee notes that in its report the Government indicates that consideration has been given to the Office comments to the Draft Labour Law provided in 2018, but that the Labour Act has not been adopted yet. The Committee requests the Government to provide information on the finalization of the labour law reform and to transmit a copy of any newly adopted legislation relevant to the application of the Conventions.

Articles 3 of Convention No. 26 and Article 3 of Convention No. 99. Operation of minimum wage-fixing machinery. The Committee notes the Government’s indication that the Government Notice No. 131, issued by the Joint National Negotiating Board, set a national minimum wage effective from 1 July 2020. The Government also indicates that the current minimum wage is not adequate to match the living standards of an average worker due to the current economic situation and that the new national minimum wage has had an impact on the employment rate. The Committee further notes that in its observations, the SLEF indicates that reviews of some Collective Bargaining Agreements have been concluded considering the prevailing circumstances related to the Covid-19 pandemic, and that they expect similar consideration during the review of the minimum wages. The Committee requests the Government to continue its efforts related to the operation of its minimum wages fixing machinery in consultation with social partners and to provide information on any development in this respect, including reviews of sectoral minimum wages through collective agreements.

Articles 5, 6, 7, 8, 12, and 13 of Convention No. 95. Direct payment. Freedom of workers to dispose of their wages. Works stores. Deductions. Regular payment of wages. Place and time of payment. Prohibition of payment in taverns and the sort. The Committee notes that the relevant legislation, mainly the Employers and Employed Act as amended by Amendment Act No. 23 of 1962, does not contain provisions giving effect to Articles 5, 6, 7, 12 and 13 of the Convention. Moreover, the Committee recalls that section 19(1) of the Regulation of Wages and Industrial Relations Act, No. 3 of 1971 provides that, where a minimum rate of wages has been confirmed by direction of the Commissioner of Labour under this Act, an employer shall, in cases to which the minimum rate is applicable, pay wages to the worker at not less than the minimum rate clear of all deductions. In this regard, it is recalled that Article 8 of the Convention covers all wages. In this context, the Committee requests the Government to take the necessary measures, including through the ongoing process of revision of the labour legislation, to give full effect to all the Articles of the Convention and to provide information on any progress made in this regard.