Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Comoros (Ratification: 1978)

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat 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 and 99 (minimum wages) and No. 95 (wage protection) together. The Committee notes the observations of the Workers Confederation of Comoros (CTTC), on the implementation of Conventions Nos 26, 95 and 99, received in 2017.

Minimum wage

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. In its previous comments, the Committee requested the Government to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council (CCTE), in accordance with section 106 of the Labour Code. The Committee notes the Government’s indication in its report that in 2015, the CCTE examined seven regulatory texts including the decree fixing the inter-occupational guaranteed minimum wage (SMIG) for workers covered by the Labour Code. The Government adds that the tripartite members of the CCTE recommended that an expanded consultation framework should be established as soon as possible in order to examine the subject in greater depth through additional studies, taking into consideration the experience of other countries with regard to wage fixing as well as the country’s socioeconomic situation. The Committee notes that according to the CTTC, despite the discussions held by the CCTE in 2015, no text setting minimum wages was adopted. The Committee further notes that sections 90–92 of the Labour Code provide that collective agreements concluded by joint committees, composed of representatives of the most representative employers’ organizations and trade unions in the sector, may be extended and then determine the wages that must be applied for each occupational category. In this context, the Committee requests the Government to take the necessary measures to give effect to the provisions of section 106 of the Labour Code without delay and to provide information in this respect. It also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99. System of supervision and sanctions. The Committee notes that the CTTC indicates that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee requests the Government to provide its comments in this regard.

Protection of wages

Articles 8 and 10 of Convention No. 95. Deductions from wages, attachment or assignment of wages. Further to its previous comments, the Committee notes that the Government indicates in its report that it intends to submit a draft order to the CCTE to determine the parts of wages that are liable to progressive deductions, as well as the part that is exempt from any attachment or assignment. The Committee notes that such an order is provided for under sections 114 and 119 of the Labour Code, as amended in 2012. The Committee requests the Government to take the necessary measures to adopt the order without delay and to provide information in this respect.

Article 12(1). Regular payment of wages. Application in practice. Further to its previous comments on the need to resolve the situation of wage arrears, including in the public service, the Committee notes that the Government indicates that efforts have been made to address this problem but challenges remain. The Government affirms its willingness to end the non-payment of wages, in particular in the public sector. The Committee also notes that the CTTC underscores the lack of progress with regard to the settlement of wage arrears, including in the public sector for the period from 1995 to 2009. The Committee recalls that workers shall receive remuneration for the work done and that the fundamental nature of wages stems from their essential role in ensuring workers’ livelihood. The Committee requests the Government to intensify its efforts to resolve the question of wage arrears definitively, particularly in the public sector, and to provide information in this regard.

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

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat 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 and 99 (minimum wages) and No. 95 (wage protection) together. The Committee notes the observations of the Workers Confederation of Comoros (CTTC), on the implementation of Conventions Nos 26, 95 and 99, received in 2017.

Minimum wage

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. In its previous comments, the Committee requested the Government to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council (CCTE), in accordance with section 106 of the Labour Code. The Committee notes the Government’s indication in its report that in 2015, the CCTE examined seven regulatory texts including the decree fixing the inter-occupational guaranteed minimum wage (SMIG) for workers covered by the Labour Code. The Government adds that the tripartite members of the CCTE recommended that an expanded consultation framework should be established as soon as possible in order to examine the subject in greater depth through additional studies, taking into consideration the experience of other countries with regard to wage fixing as well as the country’s socioeconomic situation. The Committee notes that according to the CTTC, despite the discussions held by the CCTE in 2015, no text setting minimum wages was adopted. The Committee further notes that sections 90–92 of the Labour Code provide that collective agreements concluded by joint committees, composed of representatives of the most representative employers’ organizations and trade unions in the sector, may be extended and then determine the wages that must be applied for each occupational category. In this context, the Committee requests the Government to take the necessary measures to give effect to the provisions of section 106 of the Labour Code without delay and to provide information in this respect. It also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99. System of supervision and sanctions. The Committee notes that the CTTC indicates that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee requests the Government to provide its comments in this regard.

Protection of wages

Articles 8 and 10 of Convention No. 95.Deductions from wages, attachment or assignment of wages. Further to its previous comments, the Committee notes that the Government indicates in its report that it intends to submit a draft order to the CCTE to determine the parts of wages that are liable to progressive deductions, as well as the part that is exempt from any attachment or assignment. The Committee notes that such an order is provided for under sections 114 and 119 of the Labour Code, as amended in 2012. The Committee requests the Government to take the necessary measures to adopt the order without delay and to provide information in this respect.

Article 12(1). Regular payment of wages. Application in practice. Further to its previous comments on the need to resolve the situation of wage arrears, including in the public service, the Committee notes that the Government indicates that efforts have been made to address this problem but challenges remain. The Government affirms its willingness to end the non-payment of wages, in particular in the public sector. The Committee also notes that the CTTC underscores the lack of progress with regard to the settlement of wage arrears, including in the public sector for the period from 1995 to 2009. The Committee recalls that workers shall receive remuneration for the work done and that the fundamental nature of wages stems from their essential role in ensuring workers’ livelihood. The Committee requests the Government to intensify its efforts to resolve the question of wage arrears definitively, particularly in the public sector, and to provide information in this regard.

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

Observation (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 No. 95 (wage protection) together. The Committee notes the observations of the Workers Confederation of Comoros (CTTC), on the implementation of Conventions Nos 26, 95 and 99, received in 2017.

Minimum wage

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. In its previous comments, the Committee requested the Government to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council (CCTE), in accordance with section 106 of the Labour Code. The Committee notes the Government’s indication in its report that in 2015, the CCTE examined seven regulatory texts including the decree fixing the inter-occupational guaranteed minimum wage (SMIG) for workers covered by the Labour Code. The Government adds that the tripartite members of the CCTE recommended that an expanded consultation framework should be established as soon as possible in order to examine the subject in greater depth through additional studies, taking into consideration the experience of other countries with regard to wage fixing as well as the country’s socioeconomic situation. The Committee notes that according to the CTTC, despite the discussions held by the CCTE in 2015, no text setting minimum wages was adopted. The Committee further notes that sections 90–92 of the Labour Code provide that collective agreements concluded by joint committees, composed of representatives of the most representative employers’ organizations and trade unions in the sector, may be extended and then determine the wages that must be applied for each occupational category. In this context, the Committee requests the Government to take the necessary measures to give effect to the provisions of section 106 of the Labour Code without delay and to provide information in this respect. It also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99. System of supervision and sanctions. The Committee notes that the CTTC indicates that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee requests the Government to provide its comments in this regard.

Protection of wages

Articles 8 and 10 of Convention No. 95. Deductions from wages, attachment or assignment of wages. Further to its previous comments, the Committee notes that the Government indicates in its report that it intends to submit a draft order to the CCTE to determine the parts of wages that are liable to progressive deductions, as well as the part that is exempt from any attachment or assignment. The Committee notes that such an order is provided for under sections 114 and 119 of the Labour Code, as amended in 2012. The Committee requests the Government to take the necessary measures to adopt the order without delay and to provide information in this respect.

Article 12(1). Regular payment of wages. Application in practice. Further to its previous comments on the need to resolve the situation of wage arrears, including in the public service, the Committee notes that the Government indicates that efforts have been made to address this problem but challenges remain. The Government affirms its willingness to end the non-payment of wages, in particular in the public sector. The Committee also notes that the CTTC underscores the lack of progress with regard to the settlement of wage arrears, including in the public sector for the period from 1995 to 2009. The Committee recalls that workers shall receive remuneration for the work done and that the fundamental nature of wages stems from their essential role in ensuring workers’ livelihood. The Committee requests the Government to intensify its efforts to resolve the question of wage arrears definitively, particularly in the public sector, and to provide information in this regard.

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

The Committee notes the observations of the Workers Confederation of Comoros (CTC), received on 19 August 2016. With reference to the application of Convention No. 26, the CTC indicates that the discussions held in the Labour and Employment Advisory Council concerning the minimum wage failed to result in a decision. With regard to the application of Convention No. 95, the CTC notes with regret the failure to resolve the situation of wage arrears, including in the public service, and emphasizes the grave impact of this situation. The Committee notes that the Government’s reports have not been received. The Committee requests the Government to provide its comments regarding the observations of the CTC and, in particular, to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council, in accordance with section 106 of the Labour Code of 2012. The Committee proposes to examine in detail the application of Conventions Nos 26, 95 and 99 at its next session and hopes that it will have before it the Government’s detailed reports on that subject.

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

Article 3 of the Convention. Minimum wage fixing. Further to its previous observation in which it noted with regret that no progress had been made over the past nine years with respect to the readjustment of the guaranteed interoccupational minimum wage (SMIG), the Committee notes the observations of the Confederation of Workers of Comoros (CTC), dated 31 August 2011, concerning the application of the Convention. The CTC regrets that the compromise monthly minimum wage of 35,000 Comoro francs (KMF) (approximately €70) has still not been made official and that the Higher Council of Labour and Employment (CSTE) has not been reconvened since 2002. The CTC is of the view that the authorities are deliberately blocking the establishment of the SMIG under the pressure of certain employers. In its reply, the Government indicates that the question of a real assessment of the minimum wage will be examined shortly by the CSTE and that following a number of different studies a minimum rate of approximately €70 has been retained and will be proposed for adoption. The Committee requests the Government to keep the Office informed of any measures taken or envisaged for the determination of the SMIG and the reactivation of the CSTE.

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

Article 3 of the Convention. Minimum wage fixing. The Committee notes with regret that no progress has been achieved for the past nine years in relation to the readjustment of the guaranteed interoccupational minimum wage (SMIG). The Government once again refers in its report to the meeting of the Higher Council of Labour and Employment (CSTE), held in 2001, which resulted in a compromise to establish the rate of the SMIG at 35,000 KMF (approximately US$90) a month. While noting that the SMIG has been made official in the public sector, the Committee notes with regret that the draft Decree issuing the rate of the SMIG for the private sector, agreed upon in 2001, has not yet been made official. The Committee is bound to observe that, in the current circumstances, the Convention is not given effect in either law or practice. It therefore urges the Government to take all the necessary measures without delay to determine and implement the rate of the SMIG, in full consultation with the CSTE, so as to ensure that the minimum wage responds adequately to the current needs of workers and their families.

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:

The Committee recalls its previous comments in which it noted that despite the establishment of the Higher Council of Labour and Employment (CSTE), no minimum wage rates had been fixed in recent years and that the wage levels applied in practice no longer reflected the economic or social realities in the country. In its reply, the Government stated that the CSTE had held its first meeting and had agreed on a draft text setting the guaranteed interoccupational minimum wage (SMIG) at KMF35,000. According to the Government’s last report, the draft text was currently before the competent authorities for signature.

The Committee requests the Government to supply in its next report additional information on the first meeting of the CSTE, including full particulars on the participation, the views expressed by the social partners, the criteria taken into account in fixing the SMIG level, the coverage of the new minimum wage rate as well as any consideration given to the problem of the periodic review or readjustment of the SMIG. The Committee hopes that the decree regarding the determination of the guaranteed interoccupational minimum wage will take effect very shortly and requests the Government to transmit a copy of that text once it has been formally adopted. In addition the Committee asks the Government in its next and subsequent reports to provide information on the practical application of the Convention as required by Article 5 of the Convention and Part V of the report form.

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:

The Committee recalls its previous comments in which it noted that despite the establishment of the Higher Council of Labour and Employment (CSTE), no minimum wage rates had been fixed in recent years and that the wage levels applied in practice no longer reflected the economic or social realities in the country. In its reply, the Government states that the CSTE has held its first meeting and has agreed on a draft text setting the guaranteed interoccupational minimum wage (SMIG) at 35,000 KMF. According to the Government’s report, the draft text is currently before the competent authorities for signature.

The Committee takes due note of the above information. It requests the Government to supply in its next report additional information on the first meeting of the CSTE, including full particulars on the participation, the views expressed by the social partners, the criteria taken into account in fixing the SMIG level, the coverage of the new minimum wage rate as well as any consideration given to the problem of the periodic review or readjustment of the SMIG. The Committee hopes that the decree regarding the determination of the guaranteed interoccupational minimum wage will take effect very shortly and requests the Government to transmit a copy of that text once it has been formally adopted. In addition the Committee asks the Government in its next and subsequent reports to provide information on the practical application of the Convention as required by Article 5 of the Convention and Part V of the report form.

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 recalls its previous comments in which it noted that despite the establishment of the Higher Council of Labour and Employment (CSTE), no minimum wage rates had been fixed in recent years and that the wage levels applied in practice no longer reflected the economic or social realities in the country. In its reply, the Government states that the CSTE has held its first meeting and has agreed on a draft text setting the guaranteed interoccupational minimum wage (SMIG) at 35,000 KMF. According to the Government’s report, the draft text is currently before the competent authorities for signature.

The Committee takes due note of the above information. It requests the Government to supply in its next report additional information on the first meeting of the CSTE, including full particulars on the participation, the views expressed by the social partners, the criteria taken into account in fixing the SMIG level, the coverage of the new minimum wage rate as well as any consideration given to the problem of the periodic review or readjustment of the SMIG. The Committee hopes that the decree regarding the determination of the guaranteed interoccupational minimum wage will take effect very shortly and requests the Government to transmit a copy of that text once it has been formally adopted. In addition, the Committee asks the Government in its next and subsequent reports to provide information on the practical application of the Convention as required by Article 5 of the Convention and Part V of the report form.

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:

The Committee notes the information supplied by the Government in its reports. It also notes the comments sent by the Autonomous Trade Union of Comorian Workers (USATC) and the Government’s reply to them.

  Article 3, paragraph 2(2), of the Convention. In reply to the Committee’s previous comments, the Government states that, despite the adoption of Decree No. 94-047/PM of 3 August 1994 on the organization and operation of the Higher Labour and Employment Council (CSTE), the latter was unable to perform its duties because the Government of the time was unable to supply the material and technical resources needed to organize meetings, the CSTE being composed of members from various islands. In its comments, the USATC states that the CSTE never met and never took any decision on the minimum wage; and that the agreement concluded in 1994 with the Government concerning the principle of tripartite consultations on minimum wages remained a dead letter. It further states that, since 1994, the trade unions have been calling for a minimum wage adjustment nationwide. The Government indicates in this connection that the Minister of Labour tabled proposals for a minimum wage review in 1980, 1982 and 1996 but that the Council of Ministers took no decision owing to the difficult economic circumstances.

The Committee also notes that, by virtue of a ministerial order, new members have been appointed recently to the CSTE to deal with a number of labour and employment issues. It also notes that the Government would be grateful to receive technical assistance from the ILO, particularly in the context of the regional programme to promote social dialogue in French-speaking Africa (PRODIAF), to ensure that the CSTE is actually set up and operates on a regular basis and that its members receive training.

The Committee hopes that the Office will be in a position to provide the requisite assistance very shortly and that the Government will take the necessary steps as soon as possible to reactivate the CSTE so that minimum wages can be fixed or adjusted in accordance with the Convention. It asks the Government to provide detailed information on progress made in this respect.

  Article 5 of the Convention and Part V of the report form. The Committee notes that the Government acknowledges in its report that the minimum wage set by regulation in 1973 at 24 Comorian francs (CF) per hour has still not been reviewed and that no text to update the minimum wage has been drafted for the private sector. The Government nonetheless stresses its intention of relaunching the CSTE tripartite consultations on minimum wages with technical support from the ILO. The Government further states that three categories of regional monthly minimum wages were fixed at Anjouan in 1993-94: CF17,500 for unskilled workers, CF22,500 for skilled workers and management and CF30,000 for higher management. In its comments the USATC deplores the fact that enterprises pay wages of anywhere between CF3,000 and 7,200 per month as they see fit, and some establishments pay wages of CF20 per hour. The USATC also states that the minimum wage is nothing less than "taboo" as far as the authorities are concerned and that there are wages of CF17,000 in the public sector despite a decree of 1987 establishing the minimum wage at CF22,000.

The Committee asks the Government to continue to supply detailed information on developments regarding the rates of minimum wages applied in the country and hopes that the Government will be in a position in the very near future, with technical assistance from the Office, to report that the minimum wage fixing machinery is operating soundly.

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

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

The Committee notes the information supplied by the Government in its reports. It also notes the comments sent by the Autonomous Trade Union of Comorian Workers (USATC) and the Government’s reply to them.

Article 3, paragraph 2(2), of the Convention. In reply to the Committee’s previous comments, the Government states that, despite the adoption of Decree No. 94-047/PM of 3 August 1994 on the organization and operation of the Higher Labour and Employment Council (CSTE), the latter was unable to perform its duties because the Government of the time was unable to supply the material and technical resources needed to organize meetings, the CSTE being composed of members from various islands. In its comments, the USATC states that the CSTE never met and never took any decision on the minimum wage; and that the agreement concluded in 1994 with the Government concerning the principle of tripartite consultations on minimum wages remained a dead letter. It further states that, since 1994, the trade unions have been calling for a minimum wage adjustment nationwide. The Government indicates in this connection that the Minister of Labour tabled proposals for a minimum wage review in 1980, 1982 and 1996 but that the Council of Ministers took no decision owing to the difficult economic circumstances.

The Committee also notes that, by virtue of a ministerial order, new members have been appointed recently to the CSTE to deal with a number of labour and employment issues. It also notes that the Government would be grateful to receive technical assistance from the ILO, particularly in the context of the regional programme to promote social dialogue in French-speaking Africa (PRODIAF), to ensure that the CSTE is actually set up and operates on a regular basis and that its members receive training.

The Committee hopes that the Office will be in a position to provide the requisite assistance very shortly and that the Government will take the necessary steps as soon as possible to reactivate the CSTE so that minimum wages can be fixed or adjusted in accordance with the Convention. It asks the Government to provide detailed information on progress made in this respect.

Article 5 of the Convention and Part V of the report form. The Committee notes that the Government acknowledges in its report that the minimum wage set by regulation in 1973 at 24 Comorian francs (CF) per hour has still not been reviewed and that no text to update the minimum wage has been drafted for the private sector. The Government nonetheless stresses its intention of relaunching the CSTE tripartite consultations on minimum wages with technical support from the ILO. The Government further states that three categories of regional monthly minimum wages were fixed at Anjouan in 1993-94: CF17,500 for unskilled workers, CF22,500 for skilled workers and management and CF30,000 for higher management. In its comments the USATC deplores the fact that enterprises pay wages of anywhere between CF3,000 and 7,200 per month as they see fit, and some establishments pay wages of CF20 per hour. The USATC also states that the minimum wage is nothing less than "taboo" as far as the authorities are concerned and that there are wages of CF17,000 in the public sector despite a decree of 1987 establishing the minimum wage at CF22,000.

The Committee asks the Government to continue to supply detailed information on developments regarding the rates of minimum wages applied in the country and hopes that the Government will be in a position in the very near future, with technical assistance from the Office, to report that the minimum wage-fixing machinery is operating soundly.

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:

Article 3, paragraph 2(2), of the Convention. The Committee notes with interest the adoption of Decree No. 94-047/PM, of 3 August 1994, governing the organization and functioning of the Higher Council of Labour and Employment, which guarantees representation in equal numbers of employers and workers. It requests the Government to supply information on the functioning and decisions taken by the Higher Council of Labour and Employment in respect of minimum wages.

Article 5, in conjunction with Part V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage fixing machinery.

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:

Article 3, paragraph 2(2), of the Convention. The Committee notes with interest the adoption of Decree No. 94-047/PM, of 3 August 1994, governing the organization and functioning of the Higher Council of Labour and Employment, which guarantees representation in equal numbers of employers and workers. It requests the Government to supply information on the functioning and decisions taken by the Higher Council of Labour and Employment in respect of minimum wages.

Article 5, in conjunction with point V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage-fixing machinery.

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:

Article 3, paragraph 2(2), of the Convention. The Committee notes with interest the adoption of Decree No. 94-047/PM, of 3 August 1994, governing the organization and functioning of the Higher Council of Labour and Employment, which guarantees representation in equal numbers of employers and workers. It requests the Government to supply information on the functioning and decisions taken by the Higher Council of Labour and Employment in respect of minimum wages.

Article 5, in conjunction with point V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage-fixing machinery.

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

Article 3, paragraph 2(2), of the Convention. The Committee notes with interest the adoption of Decree No. 94-047/PM, of 3 August 1994, governing the organization and functioning of the Higher Council of Labour and Employment, which guarantees representation in equal numbers of employers and workers. It requests the Government to supply information on the functioning and decisions taken by the Higher Council of Labour and Employment in respect of minimum wages.

Article 5, in conjunction with point V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage-fixing machinery.

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

Article 3, paragraph 2(2), of the Convention. The Committee notes the Government's statement in its report to the effect that internal administrative difficulties due in particular to the current process of democratic transition and the establishment of institutions are delaying the adoption of the draft decree to which it referred in its previous comments. The Committee hopes that the Government will be able to adopt a decree in the near future fixing the number of employers' and workers' representatives on the Higher Labour Council in equal numbers, in conformity with section 179 of the Labour Code, and that it will supply the text of the decree when it has been adopted.

Article 5 and point V of the report form. The Committee notes the Government's estimate of the variation in minimum wages and its statement that, due to the above difficulties, the inspection services are not managing to provide reports and are not able to assess the number of workers covered by the minimum wage system. It hopes that the Government will be able to provide fuller details in the near future on the effect given in practice to the Convention.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 3, paragraph 2(2), of the Convention. Further to its previous comments, the Committee notes that the Government will adopt a decree fixing the number of employers' and workers' representatives on the Superior Labour Council in equal numbers, in conformity with section 179 of the Labour Code. The Committee requests the Government to forward a copy of this decree when it is adopted.

Article 5 and point V of the report form. The Committee notes from the information provided by the Government that the inspection services were not able until May 1988 to carry out the inspection visits required by law, and that no cases were brought to the attention of the inspection services of wages below the minimum rates. The Committee requests the Government to communicated information on the practical application of the Convention, indicating in particular the number of workers covered by the minimum wage system and the minimum wage rates fixed for each category of workers, as well as extracts from labour inspection reports since May 1988 concerning the application of the provisions on minimum wages.