Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Sierra Leone (Ratification: 1961)

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

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos. 26 and 99 (minimum wages) and No. 95 (protection of wages) together.

Articles 3 of Convention No. 26 and Article 3 of Convention No. 99. Operation of minimum wage-fixing machinery. In its previous comments, the Committee noted the Government’s indication that the then applicable minimum wage was not adequate to match the living standards of an average worker due to the economic situation. The Government indicates in its report that there has been an increase in the minimum wage. In this respect, the Committee notes that Government Notice No. 28, issued by the Joint National Negotiating Board, set a new national minimum wage (800,000 Le per month) with effect from 1 April 2023. According to the Government, the Trade Group Negotiation Council (TGNC) is also engaging on increases to several sectoral minimum wages. In this regard, reference is made to the example of the commercial workers’ TGNC. The Committee requests the Government to continue its efforts related to the operation of its minimum wages fixing machinery, in consultation with social partners, and to provide information on any further development in this respect. It requests the Government to provide information on progress made regarding the effort to increase several sectoral minimum wages.

Articles 5 and 7 of Convention No. 95. Direct payment to worker. Work Stores. In its previous comments, the Committee noted that the Employers and Employed Act, as amended by Amendment Act No. 23 of 1962, did not contain provisions giving effect to Articles 5 and 7. The Committee notes with satisfaction that these two Articles have now been given effect through the Employment Act, No. 15 of 2023 (section 52 and section 58 respectively). The Committee takes note of this information, which addresses its previous request.

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos. 26 and 99 (minimum wages) and No. 95 (wage protection) together.

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

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

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

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

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

Article 3 of the Convention. Minimum wage fixing machinery. The Committee notes with regret that the report on the application of the Convention has not been received and requests the Government to refer to the comments made under Convention No. 26.

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

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 under Convention No. 26.

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

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 under Convention No. 26.

[The Government is asked to report in detail in 2008.]

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

See under Convention No. 26.

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:

See under Convention No. 26.

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

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:

See under Convention No. 26.

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

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:

See under Convention No. 26.

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

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 reads as follows:

See under Convention No. 26.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

See under Convention No. 26, as follows:

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, which read as follows:

The Committee notes the Government's statement that the information requested in previous comments will be provided in a detailed form once the final version of the draft labour legislation has been adopted. It hopes that on that occasion the Government will also provide a detailed report on the application of the Convention in law and in practice, in accordance with the questionnaire contained in the report form approved by the Governing Body.

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

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:

See under Convention No. 26, as follows:

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:

The Committee notes the Government's statement that the information requested in previous comments will be provided in a detailed form once the final version of the draft labour legislation has been adopted. It hopes that on that occasion the Government will also provide a detailed report on the application of the Convention in law and in practice, in accordance with the questionnaire contained in the report form approved by the Governing Body.

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

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 following matters raised in its previous direct request:

See under Convention No. 26, as follows:

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 following matters raised in its previous direct request:

The Committee notes the Government's statement that the information requested in previous comments will be provided in a detailed form once the final version of the draft labour legislation has been adopted. It hopes that on that occasion the Government will also provide a detailed report on the application of the Convention in law and in practice, in accordance with the questionnaire contained in the report form approved by the Governing Body.

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

See under Convention No. 26, as follows:

The Committee notes the Government's statement that the information requested in previous comments will be provided in a detailed form once the final version of the draft labour legislation has been adopted. It hopes that on that occasion the Government will also provide a detailed report on the application of the Convention in law and in practice, in accordance with the questionnaire contained in the report form approved by the Governing Body.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

See under Convention No. 26, as follows:

The Committee notes that the Government's report simply indicates no changes and that the last time the Government supplied detailed information on the results of the application of the minimum wage fixing machinery was in 1980. The Committee hopes that the Government will supply such information in its next report including, inter alia, the approximate number of workers covered, the minimum rates of wages fixed, and the more important of the other conditions, if any, relevant to the minimum rates as required by Article 5 of the Convention.