Protection of Wages Convention, 1949 (No. 95) - Côte d'Ivoire (Ratification: 1960)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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 95 (protection of wages) together.

Article 4 of Conventions Nos 26 and 99 and Article 15(c) of Convention No. 95. Enforcement and sanctions. The Committee notes that, in response to its previous comment on Convention No. 95 concerning actions taken by the labour inspectorate in the area of sanctions, the Government, in its report, merely provides general information on the powers of labour inspectors and indicates that the data on the number and nature of infringements noted will be incorporated into the new statistical data collection sheet. The Committee also notes that the Labour Code does not appear to contain provisions for specific sanctions in the case of non-compliance with the applicable minimum wage rates. In this respect, the Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81) regarding the obligation to prepare a report on the labour inspection services. The Committee requests the Government to provide information on actions taken by the labour inspectorate in the area of sanctions for infringements of the legislation giving effect to Convention No. 95, and of the applicable minimum wage rates, including the number and nature of infringements noted, the measures taken to put an end to them, and the sanctions imposed, as well as the outcome of court proceedings, where relevant.

Minimum wages

Article 3 of Conventions Nos 26 and 99. Methods of minimum wage fixing. Further to its previous comment, the Committee notes that, according to the Government’s information, the amount of the new guaranteed minimum agricultural wage (SMAG) has been approved by the social partners in the Standing Independent Consultation Committee (CIPC), the Labour Advisory Commission (CCT) has issued its opinion, and the adoption of the implementing decree is pending. The Committee also notes the Government’s indication that the negotiations for the re-evaluation of the guaranteed inter-occupational minimum wage rate (SMIG) are under way in the CIPC. The Committee requests the Government to continue to provide information on the negotiations initiated in order to re-evaluate the SMIG and the SMAG in application of section 31.8 of the Labour Code as well as the outcome of those, where relevant.

Wage protection

Articles 1 and 2 of Convention No. 95. Scope of application. The Committee notes that under the terms of section 2 of the Labour Code, the provisions of the latter are not applicable to persons appointed to a permanent public administration post and that workers employed in the service of the State or public associations that come under special regulations are excluded, within the limits of those regulations and of the general precepts of administrative law, from the scope of application of the Labour Code. The Committee notes that, apart from sections 10, 11, 61 and 155 of the General Public Service Regulations, which give effect to Articles 12 and 14 of the Convention, and section 180 of Decree No. 93-607 of 2 July 1993, laying down common terms for the application of the General Public Service Regulations, which gives effect to Article 8 of the Convention, the above texts applicable to public servants do not appear to cover the question of the protection of wages of these employees. The Committee therefore requests the Government to indicate the manner in which effect is given to the other provisions of the Convention in the public service.

Article 4(1) and (2). Partial payment of wages in kind. The Committee notes that in response to its previous comment, the Government indicates that the implementing decree of section 31.7 of the Labour Code has not yet been adopted and that the issue of partial payment of wages in kind will be presented to the social partners. In this context, the Committee once again requests the Government to provide information on any measures taken or envisaged, including the adoption of implementing regulations for section 31.7 of the Labour Code, to ensure that the payment of wages in kind may only be partial and that: (i) such allowances are appropriate for the personal use and benefit of the worker and their family; and (ii) the value attributed to such allowances is fair and reasonable. It also requests the Government to provide information on any discussions with the social partners on this issue and, where possible, the outcome of those.

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and 95 (protection of wages) together. It notes the observations of the General Confederation of Enterprises of Côte d’Ivoire, received in 2016, on the application of Conventions Nos 26 and 99.

Minimum wages

Articles 1 and 2 of Convention No. 26, Article 1 of Convention No. 99. Scope of application of the minimum wage-fixing machinery. Further to its previous comments, the Committee notes the Government’s indication in its report that the new Labour Code, adopted in 2015, provides that young people receive the same wage as other workers in the same professional category.

Article 3 of Conventions Nos 26 and 99. Methods of minimum wage fixing. In its previous comments, the Committee requested the Government to provide information on any measures taken or envisaged to revise the guaranteed inter-occupational minimum wage rate (SMIG) and the guaranteed minimum agricultural wage (SMAG), which have not been revised since 1994. The Committee notes with interest that the new SMIG was adopted by decree No. 2013-791 of 20 November 2013 and that, following this re-evaluation of the SMIG, discussions were held leading to the determination of the new scale for minimum wages by category, established by agreement, through decree No. 2015-855/MEMEASFP/CAB of 30 December 2015. The Committee also notes, however, the absence of information on the re-evaluation of the SMAG, despite the agreement reached in the Standing Independent Consultation Committee, according to the observations of the General Confederation of Enterprises of Côte d’Ivoire. The Committee notes the Government’s indication that the principle of negotiating the SMIG and SMAG rates every three years in the Labour Advisory Council was introduced into the 2015 Labour Code, through section 31.8. The Committee therefore requests the Government to provide information on the re-evaluation of the SMAG, as well as on the results of any negotiations on the minimum wage held since 2015 under section 31.8 of the Labour Code.

Wage protection

Article 4(1) and (2) of Convention No. 95. Partial payment of wages in kind. The Committee notes that, under section 31.1 of the 2015 Labour Code, benefits in kind are included in the definition of wages. Section 31.7 of the Labour Code provides in particular that housing and food supplies provided by the employer are part of the wage, and that the conditions of these benefits are set by decree. In addition, while the payment of wages in kind cannot be imposed, under section 32.1 of the Code, such payments, whether partial or total, seem to be voluntarily accepted by workers. The Committee recalls that only the payment of part of the wage in kind can be authorized under Article 4, and that adequate measures must be taken to ensure that: (a) such allowances are appropriate for the personal use and benefit of the worker and his or her family; and (b) the value attributed to such allowances is fair and reasonable. The Committee therefore requests the Government to provide information on the measures taken to ensure that the payment of wages in kind may only be partial and that: (a) such allowances are appropriate for the personal use and benefit of the worker and his or her family; and (b) the value attributed to such allowances is fair and reasonable. It also requests the Government to indicate whether implementing regulations for section 31.7 of the Labour Code have been adopted.

Article 12(1). Payment of wages at regular intervals. In its previous comments, the Committee requested the Government to provide an updated account on the current wage arrears situation. The Government indicates that: (i) in the public sector, there are no wage arrears; (ii) in the semi-public sector, the situation is largely regularized, particularly in the postal services where all wage arrears have been paid; (iii) in the private sector, there are wage arrears situations but most employers regularly pay their workers’ wages; and (iv) this trend is supported by the activities of the Labour Inspectorate in terms of awareness raising, monitoring of enterprises and dispute settlement to encourage reluctant employers to pay wages in accordance with legal requirements. The Committee notes this information.

Article 15, clause (c). In its previous comments, the Committee requested the Government to provide information concerning the revision of the Labour Code and the introduction of dissuasive sanctions for the delayed payment or non-payment of wages. The Committee notes that the new Labour Code, adopted in 2015, does not contain provisions setting out specific penalties in this area. According to information provided by the Government, the relevant legislation and regulations are enforced through visits and inspections in enterprises by the Labour Inspectorate, which has the power to impose penalties (fines) and can refer cases to the courts. The Committee therefore requests the Government to provide information on the activities of the Labour Inspectorate in this area, including the number and nature of the infringements registered, the measures taken to eliminate those and the penalties imposed, as well as the outcome of cases brought before the courts, where relevant.

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

Article 12 of the Convention. Payment of wages at regular intervals. Further to its previous comments concerning persistent problems with the timely payment of wages, the Committee notes the Government’s statement that even though there are currently no wage arrears in the public and semi-public sector, the situation in the private sector is different with an increasing number of enterprises experiencing difficulties with the regular payment of wages. The Government adds that according to labour inspection reports, infringements of the labour legislation related to the timely payment of wages are observed more and more frequently due to the socio-political crisis in the country but also because of the lack of legal sanctions. In this connection, the Government indicates that one of the major innovations of the new draft Labour Code currently under examination would be the introduction of penal sanctions against employers who would fail to pay wages on time and in full.

The Committee understands, however, that considerable amounts of wage debts persist in the public sector. It notes, for instance, that in April 2011, a first loan of €200 million was granted by France, aimed at paying accumulated wage arrears to public employees while another loan of €150 million is expected to follow. The Committee also notes that in June 2011, it was announced that unpaid wages owed to postal workers totalled 865 million CFA francs (approximately €1.3 million). The Committee accordingly asks the Government to provide an updated account on the current wage arrears situation detailing the number of workers concerned, the principal sectors affected, the average delay in the payment of wages, the total amount of unpaid wages and the measures taken or envisaged in order to contain and progressively eliminate such practices which clearly contravene both the letter and the spirit of the Convention. The Committee also asks the Government to keep the Office informed of any further developments concerning the revision of the labour legislation and the introduction of dissuasive sanctions for the delayed payment or non-payment of wages.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and wishes to obtain additional information on the following points.

Article 12, paragraph 2, of the Convention. Settlement of wages at the end of employment contract. Further to its previous comment concerning the payment of wages at the end of the employment relationship, the Committee notes that section 32.7 of the Labour Code provides that, in case of termination or breach of the contract, all wages and benefits due must be paid. It also notes the Government’s statement that no wage arrears are observed in the public or semi-public sector. The Committee asks the Government to keep it informed of any developments in this regard.

Moreover, the Committee notes that the Government’s report does not contain any information concerning the situation of offshore workers mentioned in the previous comments and, in particular, the manner in which this situation or other similar situations have been dealt with. The Committee once again asks the Government to provide in its next report full particulars on these matters, and to specify whether any judicial decisions have been made in this regard.

Part V of the report form. The Committee notes the Government’s indication that the process for the revision of the Labour Code is currently suspended waiting for a social forum to be held, and that the decree on wages has not yet been adopted. It also notes the indication that inspection visits are conducted to ensure the implementation of measures for the protection of wages. The Committee requests the Government to keep it informed of all developments concerning the forthcoming revision of the Labour Code, the adoption of the decree on wages and the social forum. It also asks the Government to provide information on the practical application of the Convention, in particular, reports of the labour inspection services showing the number and nature of infringements observed as well as the sanctions imposed, or any other official document regarding the protection of wages.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Part V of the report form. The Committee notes that the Government has not provided in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. According to the information supplied by the Government in its report, the Labour Code and the decrees regulating its application are in the process of being revised with a view to restoring the authority of supervisory bodies in collaboration with the social partners. The Committee trusts that the Government will make an effort to collect and communicate in its future reports all relevant information on the effect given to the Convention in practice, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties experienced in securing the observance of the standards set out in the Convention. It also requests the Government to keep it informed of any developments concerning the revision of the Labour Code.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee recalls its previous comments in which it requested the Government to indicate the measures taken to ensure the application of the Convention as regards final settlements upon termination of work contracts (Article 12, paragraph 2), especially in the light of the situation denounced by the Trade Unions International of Chemical, Oil and Allied Workers in an earlier observation concerning outstanding wage claims of offshore workers who were dismissed owing to the "ivorization of jobs". The Committee regrets that the Government does not specify in its report whether the court decision handed down on the above case has been executed or whether there have been any other judicial decisions on this matter. The Committee takes this opportunity to refer to paragraph 398 of its General Survey of 2003 on the protection of wages in which it emphasized that the principle of the regular payment of wages finds its full expression not only in the periodicity of wage payments, as may be regulated by national laws and regulations or collective agreements, but also in the complementary obligation to settle speedily and in full all outstanding payments upon the termination of the contract of employment. It asks therefore the Government to provide additional information on the manner in which situations similar to that of the offshore workers are handled, especially in the current context which according to the Government’s report is marked by the precariousness of employment and the abolition of benefits. In addition, the Committee would appreciate receiving concrete information on any problems of wage arrears that may be experienced in the public and semi-public sectors of employment, in light of the Committee’s comments contained in paragraphs 23, 360 and 412 of the abovementioned General Survey concerning the widespread phenomenon of non-payment or delayed payment of salaries in certain parts of Africa.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee recalls that it noted the comments of the Trade Union International of Chemical, Oil and Allied Workers (communicated by a letter of 9 March 1988), on the application of Article 12, paragraph 2, of the Convention. These comments allege that workers who are members of the Union of Offshore and Onshore Workers of Côte d’Ivoire (SYNTRAOFFCI), who were recruited by intermediary companies on behalf of oil companies, did not receive certain amounts owed as a final settlement of all wages due upon termination of their contracts in 1984.

In its report the Government indicates that after fruitless attempts at an out-of-court settlement, first by means of an ad hoc committee set up for the purpose, then before the Labour Tribunal of Abidjan, two judicial decisions on the matter have now been handed down: the first by the Abidjan Labour Tribunal (on 25 February 1986), and the second by the Chamber for Social Affairs of the Abidjan Court of Appeal (on 24 June 1988). The Government further states that the companies involved in this matter have now disappeared from the territory of Côte d’Ivoire and that SYNTRAOFFCI has now been split into two separate unions, whose present leaders know nothing of the matter and have taken no steps to execute the Court of Appeal’s decision. The Government considers that action on its part is therefore not required.

The Committee takes due note of this information. It notes that the abovementioned decision handed down by the Court of Appeal (24 June 1984) orders the company SOAEM-CI to pay certain amounts as a final settlement of all entitlements due to 11 workers who were dismissed owing to the "ivorization of jobs". The Committee asks the Government to indicate whether this decision has been executed and whether there have been any other judicial decisions on this matter.

The Committee also asks the Government to indicate the general steps taken to ensure the application of the Convention in situations similar to that of the offshore workers recruited by intermediary companies, particularly as regards final settlements upon termination of work contracts (Article 12, paragraph 2), the information given to workers on wage conditions (Article 14(a)) and the definition of the persons responsible for compliance with laws and regulations on the payment of wages (Article 15(b)).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which reads as follows:

With reference to its previous comments, the Committee recalls that it noted the comments of the Trade Union International of Chemical, Oil and Allied Workers (communicated by a letter of 9 March 1988), on the application of Article 12, paragraph 2, of the Convention. These comments allege that workers who are members of the Union of Offshore and Onshore Workers of Côte d’Ivoire (SYNTRAOFFCI), who were recruited by intermediary companies on behalf of oil companies, did not receive certain amounts owed as a final settlement of all wages due upon termination of their contracts in 1984.

In its report the Government indicates that after fruitless attempts at an out-of-court settlement, first by means of an ad hoc committee set up for the purpose, then before the Labour Tribunal of Abidjan, two judicial decisions on the matter have now been handed down: the first by the Abidjan Labour Tribunal (on 25 February 1986), and the second by the Chamber for Social Affairs of the Abidjan Court of Appeal (on 24 June 1988). The Government further states that the companies involved in this matter have now disappeared from the territory of Côte d’Ivoire and that SYNTRAOFFCI has now been split into two separate unions, whose present leaders know nothing of the matter and have taken no steps to execute the Court of Appeal’s decision. The Government considers that action on its part is therefore not required.

The Committee takes due note of this information. It notes that the above-mentioned decision handed down by the Court of Appeal (24 June 1984) orders the company SOAEM-CI to pay certain amounts as a final settlement of all entitlements due to 11 workers who were dismissed owing to the "ivorization of jobs". The Committee asks the Government to indicate whether this decision has been executed and whether there have been any other judicial decisions on this matter.

The Committee also asks the Government to indicate the general steps taken to ensure the application of the Convention in situations similar to that of the offshore workers recruited by intermediary companies, particularly as regards final settlements upon termination of work contracts (Article 12, paragraph 2), the information given to workers on wage conditions (Article 14(a)) and the definition of the persons responsible for compliance with laws and regulations on the payment of wages (Article 15(b)).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments, the Committee recalls that it noted the comments of the Trade Union International of Chemical, Oil and Allied Workers (communicated by a letter of 9 March 1988), on the application of Article 12, paragraph 2, of the Convention. These comments allege that workers who are members of the Union of Offshore and Onshore Workers of Côte d'Ivoire (SYNTRAOFFCI), who were recruited by intermediary companies on behalf of oil companies, did not receive certain amounts owed as a final settlement of all wages due upon termination of their contracts in 1984.

In its report the Government indicates that after fruitless attempts at an out-of-court settlement, first by means of an ad hoc committee set up for the purpose, then before the Labour Tribunal of Abidjan, two judicial decisions on the matter have now been handed down: the first by the Abidjan Labour Tribunal (on 25 February 1986), and the second by the Chamber for Social Affairs of the Abidjan Court of Appeal (on 24 June 1988). The Government further states that the companies involved in this matter have now disappeared from the territory of Côte d'Ivoire and that SYNTRAOFFCI has now been split into two separate unions, whose present leaders know nothing of the matter and have taken no steps to execute the Court of Appeal's decision. The Government considers that action on its part is therefore not required.

The Committee takes due note of this information. It notes that the above-mentioned decision handed down by the Court of Appeal (24 June 1984) orders the company SOAEM-CI to pay certain amounts as a final settlement of all entitlements due to 11 workers who were dismissed owing to the "ivorization of jobs". The Committee asks the Government to indicate whether this decision has been executed and whether there have been any other judicial decisions on this matter.

The Committee also asks the Government to indicate the general steps taken to ensure the application of the Convention in situations similar to that of the offshore workers recruited by intermediary companies, particularly as regards final settlements upon termination of work contracts (Article 12, paragraph 2), the information given to workers on wage conditions (Article 14(a)) and the definition of the persons responsible for compliance with laws and regulations on the payment of wages (Article 15(b)).

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee recalls that it noted the comments made by the Trade Union International of Chemical, Oil and Allied Workers (communicated in a letter dated 9 March 1988) respecting the application of Article 12, paragraph 2, of the Convention. According to these comments, workers who are members of the Union of Offshore and Onshore Workers of Côte d'Ivoire (SYNTRAOFFCI), who were recruited by intermediary companies on behalf of oil companies, did not receive certain amounts owed as a final settlement of all wages due upon termination of their contracts in 1984. The Government indicated that, in response to the above comments, an ad hoc committee had been set up to examine the complaints of the workers in question, but that the workers had refused to divulge the method used to calculate the amount that they were claiming and to submit the documents needed to check their claims.

The Committee notes that the above ad hoc committee has not yet been able to commence work and that the workers concerned still refuse to submit the documents needed to check the claims that they are making, despite the intervention of their central trade union organisation.

The Committee hopes that the Government will inform the Committee of the measures taken to examine the claims of the workers concerned and it requests the Government to continue to supply information on the outcome of the measures that have been taken to resolve the demands of the workers concerned.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In the observation it made in 1989 the Committee noted the comments made by the Trade Union International of Chemical, Oil and Allied Workers (communicated in a letter dated 9 March 1988) respecting the application of Article 12, paragraph 2, of the Convention. According to these comments, workers who are members of the Union of Offshore and Onshore Workers of Côte d'Ivoire (SYNTRAOFFCI), who were recruited by intermediary companies on behalf of oil companies, did not receive certain amounts owed as a final settlement of all wages due upon termination of their contracts in 1984. In reply to the above comments, the Government indicated that an ad hoc committee had been set up to examine the complaints of the workers in question, but that the workers had refused to divulge the method used to calculate the amount that they were claiming and to submit the documents needed to check their claims. The Committee requested the Government to continue to provide information on the results of measures taken to settle the claims of the workers concerned and to transmit a copy of the judicial decisions handed down to this effect.

In its last report, the Government indicates that the technical subcommittee set up to examine the claims of the above workers has not yet commenced work and that the workers concerned still refuse to submit the documents needed to check the rights that they are claiming, despite the intervention of their central trade union organisation. It adds that the Minister of Labour has, in his possession, a list of the workers claiming wages but that this list does not indicate the basis used to determine these amounts despite repeated requests by the competent authority.

The Committee notes this information and hopes that the arrival in Côte d'Ivoire of the Secretary-General of the Trade Union International of Chemical, Oil and Allied Workers, mentioned by the Government in its report who is due to meet the administrative authorities and trade unions concerned, will contribute to finding a solution to the claims of the workers affected. The Committee once again requests the Government to keep it informed of any developments in this matter.