Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - 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.

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

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

Article 3 of the Convention. Minimum wage-fixing machinery. The Committee recalls its previous comment in which it had noted that, in the absence of updated economic data, particularly on the price index, allowing the adoption of a pertinent method for fixing minimum wages, the National Labour Advisory Commission determines the minimum wage rate with direct reference to the lowest wages in the public service. In this respect, the Committee wishes to recall that, as the objective of the Convention is to ensure a wage to workers and their families which enables them to maintain their purchasing power at a decent level, the minimum wage-fixing machinery should take into account social and economic considerations, including the real needs of workers and their families, the general level of wages in the country and fluctuations in the price index. It therefore hopes that the Government will soon be in a position to provide updated information concerning such data with a view to the establishment of minimum wage-fixing machinery that guarantees workers a decent minimum wage rate that is compatible with the objectives of the Convention.

Article 4. System of supervision and sanctions. Further to its previous comment on this point, the Committee recalls that, under the terms of Article 4 of the Convention, this system is intended to ensure that the employers and workers covered by the legislation are informed of the minimum rates of wages in force so as to guarantee that the wages actually paid are not lower than these rates, and to ensure that workers who have not benefited from the rates that are in force are entitled to recover by judicial or other legal proceedings the amounts due. The Committee wishes to emphasize that the fixing of decent minimum wage rates does not necessarily imply that the legislation respecting such wages is applied in practice. Only the establishment of an appropriate system of supervision and sanctions makes it possible to guarantee compliance with the legislation and accordingly to ensure a decent living standard for all workers and their families. The Committee therefore requests the Government to indicate the legislative or other provisions which give effect to Article 4 of the Convention. It also requests the Government to provide, where possible, extracts from the reports of the inspection services indicating the number and nature of any violations reported and the sanctions applied.

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

Article 3 of the Convention. Minimum wage-fixing machinery. The Committee recalls its previous comment in which it requested the Government to provide a copy of Decree No. 2006-89 of 9 March 2006 and to specify the rate of the guaranteed minimum wage in agriculture (SMAG). In the absence of any relevant information in the Government’s report, the Committee is bound to reiterate its request for specific information on the rates of the guaranteed minimum interoccupational wage (SMIG) and the SMAG that are currently in force and a copy of Decree No. 2006-89 of 9 March 2006. The Committee also requests the Government to provide a copy of branch collective agreements determining the rates of the minimum wages as revised following the adoption of the Decree.

Furthermore, with regard to the operation of the National Labour Advisory Commission, the Committee notes that the Government’s report does not provide any information on the studies or statistics which provided a basis for the National Commission for the latest adjustment of the SMIG in 2006. However, in light of the information provided by the Government in its previous reports, the Committee understands that, in the absence of updated economic data, particularly on the price index, allowing the adoption of a pertinent method for fixing minimum wages, the National Labour Advisory Commission determines the minimum wage rate with direct reference to the lowest wages in the public service. In this respect, the Committee wishes to recall that, as the objective of the Convention is to ensure a wage to workers and their families which enables them to maintain their purchasing power at a decent level, the minimum wage-fixing machinery should take into account social and economic considerations, including the real needs of workers and their families, the general level of wages in the country and fluctuations in the price index. It therefore hopes that the Government will soon be in a position to provide updated information concerning such data with a view to the establishment of minimum wage-fixing machinery that guarantees workers a decent minimum wage rate that is compatible with the objectives of the Convention.

Furthermore, the Committee understands that an adjustment of 25 per cent of salaries in the public service was envisaged as from 1 January 2011. The Committee requests the Government to specify whether this adjustment was indeed introduced and, if so, to indicate whether, in accordance with the minimum wage-fixing machinery currently applied by the National Labour Advisory Commission, measures are envisaged to adjust minimum wages in the private sector accordingly.

Article 4. System of supervision and sanctions. Further to its previous comment on this point, the Committee notes that the Government has not provided information on the system of supervision and sanctions guaranteeing compliance with the minimum wage legislation. It recalls that, under the terms of Article 4 of the Convention, this system is intended to ensure that the employers and workers covered by the legislation are informed of the minimum rates of wages in force so as to guarantee that the wages actually paid are not lower than these rates, and to ensure that workers who have not benefited from the rates that are in force are entitled to recover by judicial or other legal proceedings the amounts due. The Committee wishes to emphasize that the fixing of decent minimum wage rates does not necessarily imply that the legislation respecting such wages is applied in practice. Only the establishment of an appropriate system of supervision and sanctions makes it possible to guarantee compliance with the legislation and accordingly to ensure a decent living standard for all workers and their families. The Committee therefore requests the Government to indicate the legislative or other provisions which give effect to Article 4 of the Convention. It also requests the Government to provide, where possible, extracts from the reports of the inspection services indicating the number and nature of any violations reported and the sanctions applied.

Article 5 and Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including statistics on the number of workers remunerated at the rate of the SMIG and the SMAG. Finally, the Committee once again requests the Government to examine the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), and to keep the Office informed of any decision adopted or envisaged in this respect.

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

Article 3 of the Convention. Minimum wage-fixing machinery. The Committee notes that the Government refers in its last report to Decree
No. 2006-09 of 9 March 2006, which fixes the new hourly and monthly rates for minimum wages. The Committee understands that the guaranteed inter-occupational minimum wage (SMIG) is currently 54,000 CFA francs (approximately US$100). The Committee would therefore be grateful if the Government would send a copy of the text of this Decree and at the same time clarify the rate of the guaranteed minimum wage in agriculture (SMAG) currently in force. It also repeats its request to receive copies of recent collective agreements fixing minimum wage rates in certain branches of activity.

The Committee also notes that the fixing of minimum wage rates and procedures for their implementation are determined by the National Advisory Commission for Labour. It recalls that Decree No. 94-33 of 16 February 1994, which amends and completes the provisions establishing the structure and operating conditions of the National Advisory Commission for Labour, states in section 2 that the mission of the Commission is to study elements which can serve as a basis for the determination of minimum wages, minimum living wage levels, and general economic conditions. The Committee would therefore be particularly interested in receiving copies of studies or statistics which served as a basis for the National Advisory Commission for Labour when the minimum wage was last adjusted in 2006. It hopes that the Government will be in a position to supply updated information on changes in minimum wage levels in the country, particularly in relation to trends in economic indicators such as inflation, and also on the capacity to maintain the purchasing power of workers and their families at a decent level.

Article 4 and Part V of the report form. The Committee notes with interest the information supplied by the Government on the role and structure of the labour administration. While noting Decree No. 98-124 of 12 May 1998, which establishes the structure and functioning of the labour inspection services, the Committee observes that little information has been supplied on supervisory measures or penalties which guarantee the application of legislation relating to the minimum wage. The Committee requests the Government to supply more detailed information on the functioning of the inspection services with regard to the application of the legislation on the minimum wage and also on the measures taken to monitor observance of minimum wage rates by employers and put a stop to any infringements. It also requests the Government to supply any information indicating the way in which the Convention is applied in practice, particularly statistics on the number of workers paid at the minimum wage rate.

Finally, the Committee takes this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body on the basis of the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Governing Body considered that Convention No. 26 was one of the instruments which were no longer fully up to date, even though they were still relevant in certain respects. The Committee therefore suggests that the Government examine the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents a degree of progress in comparison with previous instruments concerning the fixing of a minimum wage, for example by providing for a wider scope, the setting up of a general minimum wage system and, finally, the adoption of certain criteria for determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or contemplated on this subject.

 

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

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 matters raised in its previous direct request, which read as follows:

The Committee notes that the guaranteed interoccupational minimum wage (SMIG) was last revised in 1994 and is now set at 40,370 CFA per month, or 232.90 CFA per hour, while the hourly rate of the guaranteed minimum wage in agriculture (SMAG) is fixed at 201.85 CFA. The Committee notes also the Government’s indication in its last report that in the absence of an official consumer price index which would allow a realistic estimate of the basic needs of workers and their families, the minimum wage rates currently in force have been fixed by sole reference to the lowest wage paid in public administration. While noting that the abovementioned minimum wage rates were agreed upon by the National Advisory Commission for Labour at its session of 24–28 May 1994, the Committee requests the Government to specify the decree by which the Commission’s recommendations have been officially approved and have been given force of law and to transmit a copy of that text. The Committee would also appreciate receiving copies of recent collective agreements fixing industry-specific minimum wage rates as referred to in the Government’s last report.

In addition, the Committee takes this opportunity to recall that a system of minimum wages risks becoming irrelevant unless minimum wage rates are kept under review and periodically revised in the light of the evolution of socio-economic conditions. Noting that the SMIG and SMAG rates have not been adjusted in the last ten years, and may therefore no longer be considered to provide a satisfactory standard of living for workers and their families, the Committee invites the Government to look into existing minimum wage levels and make every effort to ensure that any eventual increases adequately reflect the real needs of workers and their families, for instance by maintaining their purchasing power in relation to a basic basket of essential consumer goods.

The Committee further notes that the Government’s last report does not elaborate on the system of supervision and sanctions ensuring compliance with minimum wage legislation nor does it contain any information on the practical application of the Convention, as required under Articles 4 and 5 of the Convention. The Committee recalls in this connection that establishing decent minimum wage rates does not necessarily guarantee that these wages are effectively observed in practice, and therefore appropriate enforcement measures to secure the actual payment of these wages are clearly as important as the effective operation of the minimum wage fixing machinery. It is only through an adequate system of supervision and sanctions that the binding force of minimum wages becomes a tangible reality and a minimum wage fixing policy may achieve concrete results as an instrument of social protection and poverty reduction. The Committee hopes therefore that the Government will make an effort to collect and communicate in the very near future full particulars on the effect given to the Convention in practice, including, for instance, information on the activities of the labour inspection services in respect of minimum wages, statistics on the number and different categories of workers covered by minimum wage regulations, indications on the effect of existing minimum wage rates on the real income of workers, etc.

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

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:

The Committee notes that the guaranteed interoccupational minimum wage (SMIG) was last revised in 1994 and is now set at 40,370 CFA per month, or 232.90 CFA per hour, while the hourly rate of the guaranteed minimum wage in agriculture (SMAG) is fixed at 201.85 CFA. The Committee notes also the Government’s indication that in the absence of an official consumer price index which would allow a realistic estimate of the basic needs of workers and their families, the minimum wage rates currently in force have been fixed by sole reference to the lowest wage paid in public administration. While noting that the abovementioned minimum wage rates were agreed upon by the National Advisory Commission for Labour at its session of 24 28 May 1994, the Committee requests the Government to specify the decree by which the Commission’s recommendations have been officially approved and have been given force of law and to transmit a copy of that text. The Committee would also appreciate receiving copies of recent collective agreements fixing industry-specific minimum wage rates as referred to in the Government’s report.

In addition, the Committee takes this opportunity to recall that a system of minimum wages risks becoming irrelevant unless minimum wage rates are kept under review and periodically revised in the light of the evolution of socio-economic conditions. Noting that the SMIG and SMAG rates have not been adjusted in the last ten years, and may therefore no longer be considered to provide a satisfactory standard of living for workers and their families, the Committee invites the Government to look into existing minimum wage levels and make every effort to ensure that any eventual increases adequately reflect the real needs of workers and their families, for instance by maintaining their purchasing power in relation to a basic basket of essential consumer goods.

The Committee further notes that the Government’s report does not elaborate on the system of supervision and sanctions ensuring compliance with minimum wage legislation nor does it contain any information on the practical application of the Convention, as required under Articles 4 and 5 of the Convention. The Committee recalls in this connection that establishing decent minimum wage rates does not necessarily guarantee that these wages are effectively observed in practice, and therefore appropriate enforcement measures to secure the actual payment of these wages are clearly as important as the effective operation of the minimum wage fixing machinery. It is only through an adequate system of supervision and sanctions that the binding force of minimum wages becomes a tangible reality and a minimum wage fixing policy may achieve concrete results as an instrument of social protection and poverty reduction. The Committee hopes therefore that the Government will make an effort to collect and communicate in the very near future full particulars on the effect given to the Convention in practice, including, for instance, information on the activities of the labour inspection services in respect of minimum wages, statistics on the number and different categories of workers covered by minimum wage regulations, indications on the effect of existing minimum wage rates on the real income of workers, etc.

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

The Committee notes the information supplied by the Government in response to its previous comments. It notes in particular that the guaranteed interoccupational minimum wage (SMIG) was last revised in 1994 and is now set at 40,370 CFA per month, or 232.90 CFA per hour, while the hourly rate of the guaranteed minimum wage in agriculture (SMAG) is fixed at 201.85 CFA. The Committee notes also the Government’s indication that in the absence of an official consumer price index which would allow a realistic estimate of the basic needs of workers and their families, the minimum wage rates currently in force have been fixed by sole reference to the lowest wage paid in public administration. While noting that the abovementioned minimum wage rates were agreed upon by the National Advisory Commission for Labour at its session of 24-28 May 1994, the Committee requests the Government to specify the decree by which the Commission’s recommendations have been officially approved and have been given force of law and to transmit a copy of that text. The Committee would also appreciate receiving copies of recent collective agreements fixing industry-specific minimum wage rates as referred to in the Government’s report.

In addition, the Committee takes this opportunity to recall that a system of minimum wages risks becoming irrelevant unless minimum wage rates are kept under review and periodically revised in the light of the evolution of socio-economic conditions. Noting that the SMIG and SMAG rates have not been adjusted in the last ten years, and may therefore no longer be considered to provide a satisfactory standard of living for workers and their families, the Committee invites the Government to look into existing minimum wage levels and make every effort to ensure that any eventual increases adequately reflect the real needs of workers and their families, for instance by maintaining their purchasing power in relation to a basic basket of essential consumer goods.

The Committee further notes that the Government’s report does not elaborate on the system of supervision and sanctions ensuring compliance with minimum wage legislation nor does it contain any information on the practical application of the Convention, as required under Articles 4 and 5 of the Convention. The Committee recalls in this connection that establishing decent minimum wage rates does not necessarily guarantee that these wages are effectively observed in practice, and therefore appropriate enforcement measures to secure the actual payment of these wages are clearly as important as the effective operation of the minimum wage fixing machinery. It is only through an adequate system of supervision and sanctions that the binding force of minimum wages becomes a tangible reality and a minimum wage fixing policy may achieve concrete results as an instrument of social protection and poverty reduction. The Committee hopes therefore that the Government will make an effort to collect and communicate in the very near future full particulars on the effect given to the Convention in practice, including, for instance, information on the activities of the labour inspection services in respect of minimum wages, statistics on the number and different categories of workers covered by minimum wage regulations, indications on the effect of existing minimum wage rates on the real income of workers, etc.

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

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 matters raised in its previous direct request, which read as follows:

The Committee requests the Government to provide, in conformity with Article 5, in conjunction with Part V of the report form, further information with regard to the practical application of the Convention, for example: (i) the guaranteed interoccupational minimum wage (SMIG) in force; (ii) the available statistical information in respect of the number and the different categories of workers who are covered by the regulation on minimum rates of wages; and (iii) the results of inspections carried out (for example, the violations observed, the sanctions imposed, etc.).

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

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:

The Committee notes the information provided by the Government in its report. The Committee requests the Government to provide, in conformity with Article 5, in conjunction with Part V of the report form, further information with regard to the practical application of the Convention, for example: (i) the guaranteed interoccupational minimum wage (SMIG) in force; (ii) the available statistical information in respect of the number and the different categories of workers who are covered by the regulation on minimum rates of wages; and (iii) the results of inspections carried out (for example, the violations observed, the sanctions imposed, etc.).

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

The Committee notes the information provided by the Government in its report. The Committee requests the Government to provide, in conformity with Article 5, in conjunction with point V of the report form, further information with regard to the practical application of the Convention, for example: (i) the guaranteed interoccupational minimum wage (SMIG) in force; (ii) the available statistical information in respect of the number and the different categories of workers who are covered by the regulation on minimum rates of wages; and (iii) the results of inspections carried out (for example, the violations observed, the sanctions imposed, etc.).