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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

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 (minimum wages) and 95 (protection of wages) together.

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, according to which a decree concerning the re-evaluation of the minimum interoccupational guaranteed wage rates (SMIG) will be published shortly, following the work of the National Labour Advisory Commission.

Article 4. System of supervision and sanctions. Further to its previous comments, the Committee notes the information provided by the Government according to which a procedure will be established for the collection of statistical data regarding the settlement of wages.

Wage protection

Article 12(1) of Convention No. 95. Payment of wages at regular intervals. Further to its previous comments concerning accumulated wage debt, the Committee requests the Government to provide updated information on any persistent difficulties in either the public or the private sector and the measures taken in response to such situations.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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 (minimum wages) and 95 (protection of wages) together.

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, according to which a decree concerning the re-evaluation of the minimum interoccupational guaranteed wage rates (SMIG) will be published shortly, following the work of the National Labour Advisory Commission.

Article 4. System of supervision and sanctions. Further to its previous comments, the Committee notes the information provided by the Government according to which a procedure will be established for the collection of statistical data regarding the settlement of wages.

Wage protection

Article 12(1) of Convention No.95. Payment of wages at regular intervals. Further to its previous comments concerning accumulated wage debt, the Committee requests the Government to provide updated information on any persistent difficulties in either the public or the private sector and the measures taken in response to such situations.

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 (minimum wages) and 95 (protection of wages) together.

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, according to which a decree concerning the re-evaluation of the minimum interoccupational guaranteed wage rates (SMIG) will be published shortly, following the work of the National Labour Advisory Commission.

Article 4. System of supervision and sanctions. Further to its previous comments, the Committee notes the information provided by the Government according to which a procedure will be established for the collection of statistical data regarding the settlement of wages.

Wage protection

Article 12(1) of Convention No.95. Payment of wages at regular intervals. Further to its previous comments concerning accumulated wage debt, the Committee requests the Government to provide updated information on any persistent difficulties in either the public or the private sector and the measures taken in response to such situations.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 12 of the Convention. Payment of wages at regular intervals. Further to its previous observations concerning accumulated wage debt, the Committee asks the Government to provide together with its next report an updated account on the situation regarding the regular payment of wages, including detailed particulars on any persistent difficulties in either the public or the private sector and the measures taken in response to such situations.

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

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

Article 12 of the Convention. Payment of wages at regular intervals. Further to its previous observations concerning accumulated wage debt, especially in the public sector, the Committee notes the Government’s indication that all unpaid wages to public employees, which represented the wage bill of 22 months, have now been paid. More concretely, the Government states that wage arrears totalling 240 billion CFA francs (approximately US$28 million), including both unpaid wages and social security contributions, have been settled. With respect to the payment of the sums owed to the former workers of the Ogooué Mining Company (COMILOG), to which the Committee has been drawing attention for several years, the Government indicates that from July 2008 to March 2009, a total amount of 422 million CFA francs (approximately US$934,000) has been paid to 319 out of 912 former workers of the company. The Committee notes with interest these positive developments and trusts that the Government will continue to closely monitor the process of settling any outstanding payments to the workers concerned. The Committee asks the Government to provide together with its next report an updated account on the situation regarding the regular payment of wages, including detailed particulars on any persistent difficulties in either the public or the private sector and the measures taken in response to such situations.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 12(1) of the Convention. Payment of wages at regular intervals. The Committee has been commenting for some time on the problem of accumulated wage arrears in the public sector and the need to put an end to practices of delayed payment of wages that clearly contravene the letter and the spirit of the Convention. According to information provided in 2004, the wage debt was estimated at 187.6 billion CFA francs (approximately US$440 million) corresponding to the wage bill of 23 months. The Committee subsequently asked for detailed and documented information on the evolution of the situation, but no report was submitted for three consecutive years. Regrettably, in its last report, the Government does not communicate any updated figures on the progress made regarding the settlement of outstanding payments but limits itself to enumerating the provisions of the Labour Code that ensure legislative conformity with the Convention. The Committee understands that problems of unpaid wages persist, for instance in public education, and that in certain cases wage arrears hinder the Government’s privatization programme in the energy, oil, banking, agricultural, forestry, transport and hotel sectors. The Committee therefore once again asks the Government to give a detailed account of the current situation regarding the payment of wages to public employees on time and in full and also to describe any new measures taken with a view to resolving the wage crisis that continues to affect a large number of them.

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 12, paragraph 1, of the Convention. Payment of wages at regular intervals. The Committee has been commenting for some time on the problem of accumulated wage arrears in the public sector and the need to put an end to practices of delayed payment of wages that clearly contravene the letter and the spirit of the Convention. According to information provided in 2004, the wage debt was estimated at 187.6 billion Communauté Financière Africaine francs (approximately US$440 million) corresponding to the wage bill of 23 months. The Committee subsequently asked for detailed and documented information on the evolution of the situation but no report was submitted for three consecutive years. Regrettably, in its last report, the Government does not communicate any updated figures on the progress made regarding the settlement of outstanding payments but limits itself to enumerating the provisions of the Labour Code that ensure legislative conformity with the Convention. The Committee understands that problems of unpaid wages persist, for instance in public education, and that in certain cases wage arrears hinder the Government’s privatization programme in the energy, oil, banking, agricultural, forestry, transport and hotel sectors. The Committee therefore once again asks the Government to give a detailed account of the current situation regarding the payment of wages to public employees on time and in full and also to describe any new measures taken with a view to resolving the wage crisis that continues to affect a large number of them.

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

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 12, paragraph 1, of the Convention. Payment of wages at regular intervals. The Committee has been commenting for some time on the problem of accumulated wage arrears in the public sector and the need to put an end to practices of delayed payment of wages that clearly contravene the letter and the spirit of the Convention. According to information provided in 2004, the wage debt was estimated at 187.6 billion Communauté Financière Africaine francs (approximately US$440 million) corresponding to the wage bill of 23 months. The Committee subsequently asked for detailed and documented information on the evolution of the situation but no report was submitted for three consecutive years. Regrettably, in its last report, the Government does not communicate any updated figures on the progress made regarding the settlement of outstanding payments but limits itself to enumerating the provisions of the Labour Code that ensure legislative conformity with the Convention. The Committee understands that problems of unpaid wages persist, for instance in public education, and that in certain cases wage arrears hinder the Government’s privatization programme in the energy, oil, banking, agricultural, forestry, transport and hotel sectors. The Committee therefore once again asks the Government to give a detailed account of the current situation regarding the payment of wages to public employees on time and in full and also to describe any new measures taken with a view to resolving the wage crisis that continues to affect a large number of them.

[The Government is asked to reply in detail to the present comments in 2009.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

With regard to the accumulated wage arrears owing to state employees, the Committee notes from the Government’s last report that the wage debt is estimated at CFA187.6 billion which corresponds to the wage bill of 23 months. The Government stated that in accordance with the Protocol of Agreement of 9 August 2003, the settlement of outstanding payments should commence in the fourth quarter of 2004. The Government added that since 2000 all steps had been taken to prevent the further deterioration of the situation and that currently state employees received their salaries regularly. While noting the extent and seriousness of the ongoing wage crisis, the Committee requests the Government to transmit a copy of the above referenced Protocol of Agreement and to supply in its next report detailed information on the number of workers affected, the amount of arrears settled according to the terms of that Protocol and the time schedule for the repayment of the sums remaining due. The Committee urges the Government to accelerate its efforts to put an end to the phenomenon of delayed payment or non‑payment of wages. It wishes to refer, in this connection, to paragraph 355 of its 2003 General Survey on the protection of wages in which it pointed out that the quintessence of wage protection is the assurance of a periodic payment allowing the worker to organize his everyday life with a reasonable degree of certainty and security whereas 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.

With respect to the payment of the sums due to the former workers of the Ogoué Mining Company (COMILOG) to which the Committee has been drawing attention for several years, the Committee notes the Government’s indication that the question has been discussed with the Government of Gabon at Libreville in July 2003. More concretely, the Government referred to a Protocol of Agreement signed on 19 July 2003 according to which COMILOG accepted to pay a lump sum of CFA1.2 billion in final settlement of all workers’ claims and ceded to the Government of the Republic of the Congo the proprietary rights to all its movable and immovable assets in the country. The Government further stated that the reimbursement of the amounts due to the former workers of COMILOG can thus be effected once the practical arrangements for such payment have been settled. The Committee notes the positive developments with regard to the recovery by the former workers of COMILOG of all the amounts due to them some ten years after the matter was first brought to the knowledge of the International Labour Office. In this regard, the Committee wishes to reiterate, as it observed in paragraph 398 of the abovementioned General Survey, that the principle of the regular payment of wages, set out in Article 12 of the Convention, 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 swiftly and in full all outstanding payments upon the termination of the contract of employment. The Committee therefore asks the Government to speed up and closely monitor the process of settling the outstanding payments to the workers concerned and to supply in its next report full particulars on the progress made in this regard. The Committee would also appreciate receiving a copy of the Protocol of Agreement of 19 July 2003.

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

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

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

With regard to the accumulated wage arrears owing to state employees, the Committee notes from the Government’s report that the wage debt is estimated at 187.6 billion CFA which corresponds to the wage bill of 23 months. The Government states that in accordance with the Protocol of Agreement of 9 August 2003, the settlement of outstanding payments should commence in the fourth quarter of 2004. The Government adds that since 2000 all steps have been taken to prevent the further deterioration of the situation and that currently state employees receive their salaries regularly. While noting the extent and seriousness of the ongoing wage crisis, the Committee requests the Government to transmit a copy of the above referenced Protocol of Agreement and to supply in its next report detailed information on the number of workers affected, the amount of arrears settled according to the terms of that Protocol and the time schedule for the repayment of the sums remaining due. The Committee urges the Government to accelerate its efforts to put an end to the phenomenon of delayed payment or non‑payment of wages and wishes to refer in this connection to paragraph 355 of its 2003 General Survey on the protection of wages in which it pointed out that the quintessence of wage protection is the assurance of a periodic payment allowing the worker to organize his everyday life with a reasonable degree of certainty and security whereas 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.

With respect to the payment of the sums due to the former workers of the Ogoué Mining Company (COMILOG) to which the Committee has been drawing attention for several years, the Committee notes the Government’s indication that the question has been discussed with the Government of Gabon at Libreville in July 2003. More concretely, the Government refers to a Protocol of Agreement signed on 19 July 2003 according to which COMILOG accepted to pay a lump sum of 1.2 billion CFA in final settlement of all workers’ claims and ceded to the Government of the Republic of the Congo the proprietary rights to all its movable and immovable assets in the country. The Government further states that the reimbursement of the amounts due to the former workers of COMILOG can thus be effected once the practical arrangements for such payment have been settled. The Committee notes the positive developments with regard to the recovery by the former workers of COMILOG of all the amounts due to them some ten years after the matter was first brought to the knowledge of the International Labour Office. In this regard, the Committee wishes to reiterate, as it observed in paragraph 398 of the abovementioned General Survey, that the principle of the regular payment of wages, set out in Article 12 of the Convention, 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 swiftly and in full all outstanding payments upon the termination of the contract of employment. The Committee therefore asks the Government to speed up and closely monitor the process of settling the outstanding payments to the workers concerned and to supply in its next report full particulars on the progress made in this regard. The Committee would also appreciate receiving a copy of the Protocol of Agreement of 19 July 2003.

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

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

With regard to the accumulated wage arrears owing to state employees, the Committee notes from the Government’s report that the wage debt is estimated at 187.6 billion CFA which corresponds to the wage bill of 23 months. The Government states that in accordance with the Protocol of Agreement of 9 August 2003, the settlement of outstanding payments should commence in the fourth quarter of 2004. The Government adds that since 2000 all steps have been taken to prevent the further deterioration of the situation and that currently state employees receive their salaries regularly. While noting the extent and seriousness of the ongoing wage crisis, the Committee requests the Government to transmit a copy of the above referenced Protocol of Agreement and to supply in its next report detailed information on the number of workers affected, the amount of arrears settled according to the terms of that Protocol and the time schedule for the repayment of the sums remaining due. The Committee urges the Government to accelerate its efforts to put an end to the phenomenon of delayed payment or non-payment of wages and wishes to refer in this connection to paragraph 355 of its 2003 General Survey on the protection of wages in which it pointed out that the quintessence of wage protection is the assurance of a periodic payment allowing the worker to organize his everyday life with a reasonable degree of certainty and security whereas 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.

With respect to the payment of the sums due to the former workers of the Ogoué Mining Company (COMILOG) to which the Committee has been drawing attention for several years, the Committee notes the Government’s indication that the question has been discussed with the Government of Gabon at Libreville in July 2003. More concretely, the Government refers to a Protocol of Agreement signed on 19 July 2003 according to which COMILOG accepted to pay a lump sum of 1.2 billion CFA in final settlement of all workers’ claims and ceded to the Government of the Republic of the Congo the proprietary rights to all its movable and immovable assets in the country. The Government further states that the reimbursement of the amounts due to the former workers of COMILOG can thus be effected once the practical arrangements for such payment have been settled. The Committee notes the positive developments with regard to the recovery by the former workers of COMILOG of all the amounts due to them some ten years after the matter was first brought to the knowledge of the International Labour Office. In this regard, the Committee wishes to reiterate, as it observed in paragraph 398 of the abovementioned General Survey, that the principle of the regular payment of wages, set out in Article 12 of the Convention, 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 swiftly and in full all outstanding payments upon the termination of the contract of employment. The Committee therefore asks the Government to speed up and closely monitor the process of settling the outstanding payments to the workers concerned and to supply in its next report full particulars on the progress made in this regard. The Committee would also appreciate receiving a copy of the Protocol of Agreement of 19 July 2003.

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

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in reply to its previous comments.

With regard to the accumulated wage arrears owing to state employees, the Committee notes from the Government’s report that the wage debt is estimated at 187.6 billion CFA which corresponds to the wage bill of 23 months. The Government states that in accordance with the Protocol of Agreement of 9 August 2003, the settlement of outstanding payments should commence in the fourth quarter of 2004. The Government adds that since 2000 all steps have been taken to prevent the further deterioration of the situation and that currently state employees receive their salaries regularly. While noting the extent and seriousness of the ongoing wage crisis, the Committee requests the Government to transmit a copy of the above referenced Protocol of Agreement and to supply in its next report detailed information on the number of workers affected, the amount of arrears settled according to the terms of that Protocol and the time schedule for the repayment of the sums remaining due. The Committee urges the Government to accelerate its efforts to put an end to the phenomenon of delayed payment or non-payment of wages and wishes to refer in this connection to paragraph 355 of its 2003 General Survey on the protection of wages in which it pointed out that the quintessence of wage protection is the assurance of a periodic payment allowing the worker to organize his everyday life with a reasonable degree of certainty and security whereas 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.

With respect to the payment of the sums due to the former workers of the Ogoué Mining Company (COMILOG) to which the Committee has been drawing attention for several years, the Committee notes the Government’s indication that the question has been discussed with the Government of Gabon at Libreville in July 2003. More concretely, the Government refers to a Protocol of Agreement signed on 19 July 2003 according to which COMILOG accepted to pay a lump sum of 1.2 billion CFA in final settlement of all workers’ claims and ceded to the Government of the Republic of the Congo the proprietary rights to all its movable and immovable assets in the country. The Government further states that the reimbursement of the amounts due to the former workers of COMILOG can thus be effected once the practical arrangements for such payment have been settled. The Committee notes the positive developments with regard to the recovery by the former workers of COMILOG of all the amounts due to them some ten years after the matter was first brought to the knowledge of the International Labour Office. In this regard, the Committee wishes to reiterate, as it observed in paragraph 398 of the abovementioned General Survey, that the principle of the regular payment of wages, set out in Article 12 of the Convention, 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 swiftly and in full all outstanding payments upon the termination of the contract of employment. The Committee therefore asks the Government to speed up and closely monitor the process of settling the outstanding payments to the workers concerned and to supply in its next report full particulars on the progress made in this regard. The Committee would also appreciate receiving a copy of the Protocol of Agreement of 19 July 2003.

[The Government is asked to reply in detail to the present comments in 2005.]

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

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

With respect to the situation concerning the ongoing irregular payment of the wages of state employees, the Committee notes the Government’s statement to the effect that the country strives to recover from a destructive war, and, therefore, the question of the settlement of wage arrears depends on the outcome of the post-conflict plan elaborated with the assistance of international financial institutions. The Committee can only hope that the Government will not fail to take appropriate action in the very near future to ensure the timely payment of wages of public officials and the prompt settlement of wage debts already outstanding, including the wages due for the period between 1992 and 1996 in the public service as well as the sums due to the former workers of the Ogoué Mining Company (COMILOG).

The Committee urges the Government to adopt all necessary measures to give full effect to the recommendations of the committees set up to examine the representations made under article 24 of the Constitution by the Trade Union Confederation of Congo Workers (CSTC) and the International Organization of Energy and Mines (OIEM) in 1995 and 1994 respectively (GB.268/14/6 and GB.265/12/6). It requests the Government to provide information on any progress achieved in this respect.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

Further to its previous observation, the Committee notes the Government’s report and asks the Government to supply further information as required.

With respect to the situation concerning the ongoing irregular payment of the wages of state employees, the Committee notes the Government’s statement to the effect that the country strives to recover from a destructive war, and, therefore, the question of the settlement of wage arrears depends on the outcome of the post-conflict plan elaborated with the assistance of international financial institutions. The Committee can only hope that the Government will not fail to take appropriate action in the very near future to ensure the timely payment of wages of public officials and the prompt settlement of wage debts already outstanding, including the wages due for the period between 1992 and 1996 in the public service as well as the sums due to the former workers of the Ogoué Mining Company (COMILOG).

The Committee urges the Government to adopt all necessary measures to give full effect to the recommendations of the committees set up to examine the representations made under article 24 of the Constitution by the Trade Union Confederation of Congo Workers (CSTC) and the International Organization of Energy and Mines (OIEM) in 1995 and 1994 respectively (GB.268/14/6 and GB.265/12/6). It requests the Government to provide information on any progress achieved in this respect.

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

[The Government is asked to report in detail to the present comments in 2003.]

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

Further to its previous observation, the Committee notes the Government’s report and asks the Government to supply further information as required.

With respect to the situation concerning the ongoing irregular payment of the wages of state employees, the Committee notes the Government’s statement to the effect that the country strives to recover from a destructive war, and, therefore, the question of the settlement of wage arrears depends on the outcome of the post-conflict plan elaborated with the assistance of international financial institutions. The Committee can only hope that the Government will not fail to take appropriate action in the very near future to ensure the timely payment of wages of public officials and the prompt settlement of wage debts already outstanding, including the wages due for the period between 1992 and 1996 in the public service as well as the sums due to the former workers of the Ogoué Mining Company (COMILOG).

The Committee urges the Government to adopt all necessary measures to give full effect to the recommendations of the committees set up to examine the representations made under article 24 of the Constitution by the Trade Union Confederation of Congo Workers (CSTC) and the International Organization of Energy and Mines (OIEM) in 1995 and 1994 respectively (GB.268/14/6 and GB.265/12/6). It requests the Government to provide information on any progress achieved in this respect.

[The Government is asked to report in detail in 2002.]

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

The Committee recalls that, following the adoption of the report of the Committee set up to examine the representation made by the Trade Union Confederation of Congo Workers (CSTC) (268th Session of the Governing Body, March 1997), the Governing Body invited the Government to supply detailed information on: (i) the regular payment of the wages of public officials and workers in public or state-owned enterprises; (ii) the payment of the arrears of wages for the period 1992-96, including details of the number of employees concerned, the nature and amount of the wages owed, and the number and nature of the administrations and enterprises concerned in the non-payment of wages for that period as well as the amount of payment already made; (iii) the implementation - or otherwise - of the proposal made by the Government in April 1994 to ensure the payment of wages due and on the methods of reimbursement of arrears; and (iv) the final settlement of all sums due not only to the officials whose case has been submitted to the Administrative Appeals Committee but also to the workers of public or state-owned enterprises that have closed down.

In its report, the Government states that: (i) concerted measures to reduce wages and benefits in proportion to the reduction in working time have made it possible to re-establish the regular payment of wages of officials and other employees in public enterprises covered by the state budget, but the Government indicates that, due to the war which occurred in the country in 1997, it is not managing to pay the wages of public officials regularly; (ii) the wages due for the period between 1992 and 1996 in the public service, which were going to be paid progressively as from 1997 as a function of the availability of funds, have unfortunately not been paid. It also indicates that all public officials active during that period, as well as officials in public enterprises covered by the state budget, are affected by these arrears; (iii) the payment of wages due is safeguarded by arrears being taken into account in the internal debt of the State. Reimbursement will be made in part in cash, and the rest by issuing vouchers which may be presented at the cash desks of the public Treasury for payment; (iv) the Government has not yet completed its examination of the conclusions of the Administrative Appeals Committee on the issue of the irregular public officials struck off the public service register. Former workers in public enterprises or enterprises owned by the State which have been closed regularly receive from the State the sums due in payment of their entitlements.

The Committee notes this information and requests the Government to take the appropriate measures to resolve as rapidly as possible the situation with regard to the irregular payment of the wages of state employees, and to pay the wages due for the period between 1992 and 1996 in the public service.

Furthermore, the Committee recalls that it requested the Government to indicate the measures taken to ensure the payment of the sums due to employees of COMILOG, thereby giving effect to the recommendations adopted by the Governing Body with regard to the representation made by the International Organization of Energy and Mines (OIEM) (265th Session of the Governing Body, March 1996). In reply to the request made by the Committee in its observation of 1997, which was repeated in 1998, the Government states that, in view of the socio-political events in the country, it was unable to follow up this matter with due attention. The Committee hopes that the Government will soon be in a position to take measures intended to enable former employees of COMILOG to recover promptly all sums due to them. The Committee requests the Government to provide all available information on the measures adopted to ensure the recovery of the sums due to these workers.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

1. The Committee notes that at its 268th Session (March 1997), the Governing Body adopted the report of the Committee set up to examine the representation made by the Trade Union Confederation of Congo Workers (CSTC), under article 24 of the ILO Constitution, alleging non-observance by Congo of Convention No. 95. The Governing Body invited the Government to furnish, in the reports on the application of the Convention, detailed information on: (i) the regular payment of wages to public servants and workers in public enterprises or state property; (ii) the payment of sums owing in respect of delayed wages for the period 1992-96, including the number of wage-earners affected, the nature and amount of the debts involved, the number and type of administrations and enterprises concerned in the non-payment of wages owing for this period, and the amounts of the payments made; (iii) the possible implementation of the proposal made by the Government in April 1994 guaranteeing wage debts and the methods used for the payment of arrears; and (iv) the final payment of the amounts owing in respect of wages not only to public servants whose case has been submitted to the Administrative Appeals Committee, but also to workers in public enterprises or state property who have stopped work for good. In response, the Government has provided the following information: (i) the concerted measures designed to scale down wages and indemnities in proportion to the reduction in working hours have enabled the regular payment of wages to public servants and other employees of public establishments receiving money from the state budget to be re-established. The regular payment of wages in public enterprises or state property is in the process of being established; (ii) the wages owing for the period 1992-96 to public servants will be paid gradually beginning in 1997, on the basis of the funding available. All public servants and employees of public establishments receiving money from the state budget during this period are affected and the arrears owing are estimated at 124,000,000,000 francs which represent allowances and compensations; (iii) wage debts are guaranteed since the arrears are included in the State's internal debt. They will be reimbursed partly in cash while the rest will be in the form of vouchers which may be redeemed at treasury offices; (iv) the Government has not yet completed its examination of the conclusions reached by the Administrative Appeals Committee with regard to the non-permanent public servants struck off the civil service list. The former workers of public enterprises or state property which have been liquidated regularly receive sums in respect of the payment of their entitlements from the State. The Committee notes this information and requests the Government to indicate the measures taken to ensure the application of the Convention in this regard. 2. The Committee also noted the information supplied by the Government concerning the question of the payment of the sums owing to the former workers of the Ogoué Mining Company (COMILOG), in particular that many political and diplomatic contacts have been established with the Government of Gabon so that it may get COMILOG to face up to its responsibilities. The Committee requests the Government to indicate the measures taken to ensure the payment of the sums owing to the COMILOG workers.

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

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes that at its 268th Session (March 1997), the Governing Body adopted the report of the Committee set up to examine the representation made by the Trade Union Confederation of Congo Workers (CSTC), under article 24 of the ILO Constitution, alleging non-observance by Congo of Convention No. 95. The Governing Body invited the Government to furnish, in the reports on the application of the Convention, detailed information on: (i) the regular payment of wages to public servants and workers in public enterprises or state property; (ii) the payment of sums owing in respect of delayed wages for the period 1992-96, including the number of wage-earners affected, the nature and amount of the debts involved, the number and type of administrations and enterprises concerned in the non-payment of wages owing for this period, and the amounts of the payments made; (iii) the possible implementation of the proposal made by the Government in April 1994 guaranteeing wage debts and the methods used for the payment of arrears; and (iv) the final payment of the amounts owing in respect of wages not only to public servants whose case has been submitted to the Administrative Appeals Committee, but also to workers in public enterprises or state property who have stopped work for good.

In response, the Government has provided the following information: (i) the concerted measures designed to scale down wages and indemnities in proportion to the reduction in working hours have enabled the regular payment of wages to public servants and other employees of public establishments receiving money from the state budget to be re-established. The regular payment of wages in public enterprises or state property is in the process of being established; (ii) the wages owing for the period 1992-96 to public servants will be paid gradually beginning in 1997, on the basis of the funding available. All public servants and employees of public establishments receiving money from the state budget during this period are affected and the arrears owing are estimated at 124 thousand million francs which represent allowances and compensations; (iii) wage debts are guaranteed since the arrears are included in the State's internal debt. They will be reimbursed partly in cash while the rest will be in the form of vouchers which may be redeemed at treasury offices; (iv) the Government has not yet completed its examination of the conclusions reached by the Administrative Appeals Committee with regard to the non-permanent public servants struck off the civil service list. The former workers of public enterprises or state property which have been liquidated regularly receive sums in respect of the payment of their entitlements from the State.

The Committee notes this information and requests the Government to indicate the measures taken to ensure the application of the Convention in this regard.

2. The Committee also notes the information supplied by the Government concerning the question of the payment of the sums owing to the former workers of the Ogoué Mining Company (COMILOG), in particular that many political and diplomatic contacts have been established with the Government of Gabon so that it may get COMILOG to face up to its responsibilities. The Committee requests the Government to indicate the measures taken to ensure the payment of the sums owing to the COMILOG workers.

[The Government is asked to report in detail in 1998.]

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes that the Governing Body adopted at its 265th Session (March 1996) the report of the committee set up to examine the representation made by the International Organization of Energy and Mines (OIEM), under article 24 of the ILO Constitution, alleging non-observance by Congo of Convention No. 95. The above-mentioned Committee noted the measures taken by the Government, particularly the financial assistance granted to the former workers of the Ogoué Mining Company (COMILOG) and their families, and concluded that the Government had not ensured the effective application of the relevant provisions of the Convention. It also noted the Government's willingness to assist the workers in bringing the case before the courts by appointing a senior official to follow up the case so that the workers may recover their rights and obtain compensation for the injury they have suffered.

In view of the recommendations in the above-mentioned report, the Government is requested to take all appropriate steps to ensure the effective application of the provisions of the national legislation which give effect to Articles 8, paragraph 1, and 12, paragraph 1, of the Convention, in particular: (i) by adopting measures which will enable the former workers of COMILOG to recover promptly all the amounts due to them; (ii) by applying, where appropriate, relevant sanctions under Article 15(c) of the Convention. The Government is also asked to supply detailed information in its reports on the application of the Convention on the measures taken to settle the matter of the payment of the sums due to the former workers of COMILOG and on the results obtained by the application of such measures. The reports should include information on the number of workers concerned, the amounts still outstanding and the administrative or judicial decisions concerning the application of the provisions giving effect to the Convention.

The Committee asks the Government to provide the information requested by the Governing Body.

2. The Committee notes the decision taken by the Governing Body at its 265th Session (March 1996), to set up a tripartite Committee to examine the representation submitted by the Trade Union Confederation of Congo Workers (CSTC), under article 24 of the ILO Constitution, alleging non-observance by Congo of Convention No. 95.

[The Government is asked to report in detail in 1997.]

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

The Committee notes that at its 261st Session (November 1994) the Governing Body set up a tripartite committee to examine the representation made under article 24 of the Constitution by the International Organization of Energy and Mines (IOEM) alleging non-observance by the Congo of the Protection of Wages Convention, No. 95.