Protection of Wages Convention, 1949 (No. 95) - Gabon (Ratification: 1960)

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 wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and 95 (protection of wages) together.

The Committee notes the observations of the Trade Union Congress of Gabon (CSG) on the application of Convention No. 26, received in 2015.

Minimum wages

Article 3 of Conventions Nos 26 and 99. Participation of the social partners. The Committee notes that, according to the Government’s report and the observations of the CSG, the National Commission for Wage Studies (CNES), a tripartite body responsible for giving reasoned opinions on the fixing of the guaranteed minimum inter-occupational wage (SMIG), is not operational. According to the Government, this is linked to a problem of trade union representativity, following the adoption of new criteria for trade union elections. The Government also indicates that the decree establishing the powers, organization and operation of the CNES, provided for in section 250 of the Labour Code, has not yet been adopted and, in the meantime, Decree No. 642/PR/MTEFP of 23 June 1997 establishing the composition of the CNES remains in force. The Committee requests the Government to take the necessary measures so that the CNES can become operational in the near future and fulfil its role of examining the SMIG. The Committee requests the Government to provide information on the progress made in this regard. It reminds the Government of the possibility to avail itself of ILO technical assistance.

Protection of wages

Article 12 of Convention No. 95. Payment of wages at regular intervals. In its previous comments the Committee requested the Government to provide information on the concrete measures taken to rectify the situation of wage arrears in various sectors. The Committee notes the information provided by the Government in its report, particularly indicating that: (i) no violations of section 152 of the Labour Code have been detected, which provides for the regular payment of wages; (ii) unpaid wages in the public sector and particularly in the national education sector only concern strikers, as strike days are not paid; (iii) significant state aid was granted to a public transport company that had been late in paying wages; and (iv) in the telecommunications sector, the conclusion of an enterprise agreement between the employer and the trade union concerned has made it possible to resolve the difficulties, particularly those related to the payment of a bonus.

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

Article 12 of the Convention. Payment of wages at regular intervals. In its previous comments the Committee asked the Government to provide further information on the difficulties faced by certain branches of activity with regard to the regular payment of wages. The Government indicates in its report that it has not recorded any infringements of section 152 of the Labour Code, which establishes the principle of the payment of wages at regular intervals. It is the Committee’s understanding, however, that wage arrears persist in both the public and private sector, with problems of unpaid wages for several months in national education and public transport, and also in private aviation enterprises, telecommunications and electricity production and distribution. With reference to its General Survey of 2003 on protection of wages (paragraph 355), the Committee emphasizes that the quintessence of wage protection is the assurance of a periodic payment allowing the worker to organize his/her everyday life with a reasonable degree of certainty and security. Inversely, the delayed payment of wages or the accumulation of wage debts clearly contravene the letter and the spirit of the Convention and render the application of most of its other provisions simply meaningless. The Committee therefore repeats its request for information on the exact nature and extent of the problem, and on specific measures taken by the Government to rectify these situations.

Part V of the report form. Application in practice. The Committee again requests the Government to provide a general description of the application of the Convention, including, for instance, extracts from labour inspection service reports detailing the number and nature of the infringements reported, copies of official surveys relating to wage protection, information on difficulties encountered in the application of the Convention and any other particulars that would enable the Committee to evaluate the application of the Convention in practice.

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

The Committee notes the information provided in the Government’s report, in particular the adoption of Act No. 002/2005 of February 2005 issuing the General Public Service Regulations.

Article 12 of the Convention. Payment of wages at regular intervals. The Committee understands that certain branches of activity and production units are experiencing difficulties regarding the regular payment of wages. The Committee requests the Government to provide further information on this matter and, if appropriate, to specify the sectors of the economy and the number of workers affected by this phenomenon. It also asks the Government to indicate the steps taken to remedy this situation.

Part V of the report form. Recalling that legislative conformity in itself cannot ensure that the Convention is observed in a satisfactory manner and that legislation must also be implemented effectively, the Committee asks the Government, once again, to provide general information on the application of the Convention, including, for instance, extracts from labour inspection service reports detailing the number and nature of the infringements reported and the penalties imposed, and any other particulars that would enable the Committee to assess the manner in which the Convention is applied in practice.

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

With reference to its previous comments, the Committee notes the Government’s explanations regarding the application of Articles 7 and 10 of the Convention. It notes in particular that the reference in section 163(2)(b) of the Labour Code of 1994 to the sale of goods preferably, but not exclusively, in exchange for cash is meant to offer the possibility to workers to obtain essential consumer goods also on credit. The Committee further notes that works stores, which mainly exist in the timber industry, operate on a non-profit basis providing basic commodities at cost price.

Part V of the report form. The Committee notes that the Government has not supplied 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. The Committee therefore requests the Government to make every effort to obtain and communicate in its next report concrete 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 regard to the matters dealt with in the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties encountered in securing the observance of the standards embodied in the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

        Article 7 of the Convention. The Committee notes that, under the terms of section 163(2)(b) of the new Labour Code (Act No. 3/94 of 21 November 1994), the sale of goods in works stores must preferably be made in exchange for cash and without profit. It recalls that section 111(2)(b) of the former Code required such sales to be made exclusively in exchange for cash and without profit. The Committee recalls the provisions of paragraph 2 of this Article of the Convention, which require that, where access to other stores or services is not possible, the goods should be sold at fair and reasonable prices and the stores should not be operated for the purpose of securing a profit. It therefore requests the Government to indicate the measures taken to give effect to these provisions in the context of the new Code.

        Article 10. The Committee requests the Government to indicate whether Decree No. 154/PR of 5 June 1965 respecting attachment, assignment and deductions from wages and compensation is still in force and to provide full particulars of any provisions that have amended or replaced it.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Article 7 of the Convention.  The Committee notes that, under the terms of section 163(2)(b) of the new Labour Code (Act No. 3/94 of 21 November 1994), the sale of goods in works stores must preferably be made in exchange for cash and without profit. It recalls that section 111(2)(b) of the former Code required such sales to be made exclusively in exchange for cash and without profit. The Committee recalls the provisions of paragraph 2 of this Article of the Convention, which require that, where access to other stores or services is not possible, the goods should be sold at fair and reasonable prices and the stores should not be operated for the purpose of securing a profit. It therefore requests the Government to indicate the measures taken to give effect to these provisions in the context of the new Code.

Article 10.  The Committee requests the Government to indicate whether Decree No. 154/PR of 5 June 1965 respecting attachment, assignment and deductions from wages and compensation is still in force and to provide full particulars of any provisions that have amended or replaced it.

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

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 8 of the Convention. The Committee noted that the Government's repeated statement that the complete version of section 106 of the former Labour Code would be retained in the final version of the revised Labour Code so that the worker's consent shall be given to deductions from wages before the head of the nearest administrative unit. The Committee hopes that the Government will take the necessary measures to this effect in the very near future and requests it to indicate the progress achieved in its next report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 7 of the Convention. The Committee notes that, under the terms of section 163(2)(b) of the new Labour Code (Act No. 3/94 of 21 November 1994), the sale of goods in works stores must preferably be made in exchange for cash and without profit. It recalls that section 111(2)(b) of the former Code required such sales to be made exclusively in exchange for cash and without profit. The Committee recalls the provisions of paragraph 2 of this Article of the Convention, which require that, where access to other stores or services is not possible, the goods should be sold at fair and reasonable prices and the stores should not be operated for the purpose of securing a profit. It therefore requests the Government to indicate the measures taken to give effect to these provisions in the context of the new Code.

Article 10. The Committee requests the Government to indicate whether Decree No. 154/PR of 5 June 1965 respecting attachment, assignment and deductions from wages and compensation is still in force and to provide full particulars of any provisions that have amended or replaced it.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report and the new Labour Code.

With reference to its previous comments on Article 8 of the Convention, the Committee notes with satisfaction that the second paragraph of section 161 of the revised Labour Code (Act No. 3/94 of 21 November 1994) requires that the consent of the worker to deductions from wages be given before the head of the nearest administrative unit, in the absence of a magistrate or labour inspector. A request on certain other matters is being addressed directly to the Government.

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

Article 8 of the Convention. The Committee notes that the Government repeats its statement that the complete version of section 106 of the former Labour Code will be retained in the final version of the revised Labour Code so that the worker's consent shall be given to deductions from wages before the head of the nearest administrative unit. The Committee hopes that the Government will take the necessary measures to this effect in the very near future and requests it to indicate the progress achieved in its next report.

The Committee also notes the comments made by the Employers' Confederation of Gabon stating that written consent by both parties to deductions, as provided for in section 109 of the Labour Code, remains the most widely used form for this purpose and that this formula is satisfactory to employers and workers. It adds that no abuse has been reported in this field.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Article 8 of the Convention. The Committee takes note of the Government's statement to the effect that the preliminary study for the revision of the Labour Code includes an examination of the possibility of reinserting into the Labour Code the specific provision that requires that consent to deductions from wages should be given before the head of the nearest administrative unit, which appeared in section 106 of the former Labour Code and was omitted in the new Code. The Committee hopes that the Government will take the necessary steps to this effect and requests it to supply information in its next report concerning progress that has been achieved.