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

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

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 95 (protection of wages) and 131 (minimum wages) together.

The Committee notes the observations of the Cameroon Workers’ Trade Union Confederation (CSTC), received on 31 August 2022, and the Government’s reply to the observations of the CSTC on Convention No. 131, received on 15 November 2022.

A.Minimum wages

Article 5 of Convention No. 131. Measures to ensure effective application of the provisions of minimum wages. Further to its previous comments, the Committee notes the information provided by the Government in its report concerning the objectives set regarding labour inspections in enterprises. The Committee notes, however, that, according to the observations of the CSTC, difficulties persist in the application of the guaranteed minimum inter-occupational wage (SMIG) in practice, and that the labour inspectorate has difficulties in ensuring that employers of domestic workers in private homes apply the SMIG. The Committee requests the Government to continue its efforts to strengthen monitoring of the application of the provisions of minimum wages, including in the informal economy, and to provide information on the results of the measures taken.

B.Protection of wages

Article 8 of Convention No. 95. Deductions from wages. Further to its previous comments, the Committee notes that, according to the Government’s report, section 75 of the Labour Code, under the terms of which deductions from wages, known as consignations, can be envisaged in the individual labour contract, has still not been revised. The Committee recalls that Article 8(1) of the Convention provides that deductions shall be permitted only under conditions and to the extent prescribed, not by individual agreement, but by national laws, or fixed by collective agreement or arbitration award. Recalling that this Article makes exclusive reference to national legislation, collective agreements and arbitration awards, and that provisions in national legislation permitting deductions by virtue of individual agreements or consent are not compatible with this Article (2003 General Survey on protection of wages, paragraph 217), the Committee requests the Government to take the necessary measures to bring section 75 of the Labour Code into conformity with Article 8(1). The Committee also requests the Government to indicate the way in which section 75(1) of the Labour Code is applied in practice, including by providing examples of consignations provided for in the individual labour contracts.

Article 12(1). Regular payment of wages. Further to its previous comments, the Committee notes the Government’s indication that, in the event of delays in the payment of wages, redress available to the workers comprises raising the matter with the employer for the payment of wages, or referring the matter to the labour inspectorate. The Committee also notes that, according to the Government, the number of enterprises concerned by wage arrears rose from 152 in 2017 to 289 in 2020, before falling by more than half, following the strengthening of labour inspection measures. The Committee notes, however, that the CSTC, in its observations, indicates that it has detected cases of workers who have accumulated up to 36 months of wage arrears. The CSTC also refers to situations where, after a case has been brought to the labour inspectorate and a conciliation procedure for the payment of a number of months of wages has been concluded, new wage arrears accumulate. The Committee therefore requests the Government to continue its efforts to remedy the problems detected relating to wage arrears to ensure the regular payment of wages, in accordance with Article 12(1) of the Convention. The Committee also requests the Government to provide detailed information on the measures taken, including any court decision or arbitration award issued in connection with this Article of the Convention, and the progress achieved in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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 95 (protection of wages) and 131 (minimum wages) in a single comment.

The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) on the application of Convention No. 95, received in 2016, and the Government’s reply, received in 2017.

Minimum wages

Articles 3 and 4 of Convention No. 131. Elements to be taken into consideration in determining the level of minimum wages. Machinery for the adjustment of minimum wages and participation of the social partners. Further to its previous comments, the Committee notes the adoption of Decree No. 2014/2217/PM of 24 July 2014 readjusting the guaranteed minimum interoccupational wage (SMIG). It also notes the information provided by the Government on the socio-economic factors that were taken into account in the determination of the minimum wage. In addition, it notes the Government’s confirmation of the tripartite composition of the National Labour Advisory Board (CNCT), and the indications that: (i) the decrees determining the minimum wage are adopted following tripartite consultations, including a session of the CNCT convened by the Ministry of Labour; and (ii) economic and financial experts also provided their views.

Article 5. Measures to ensure effective application. Further to its previous comments, the Committee notes the Government’s indication that the numbers, resources, material means and capacities of labour inspectors will be reinforced and controls will be intensified in practice to penalize employers that are not in compliance with the minimum wage regulations. It also notes that the Government refers to difficulties of enforcement in relation to domestic workers in the informal sector. The Committee requests the Government to provide information on the results of the measures adopted to intensify controls of the application of the minimum wage regulations and the other measures adopted or envisaged to address the difficulties noted in the informal sector.

Protection of wages

Article 8 of Convention No. 95. Deductions from wages. In its previous comments, the Committee noted the Government’s indications that the Labour Code was under revision and that section 75, under the terms of which deductions from wages (known as “deposits” or consignations) can be envisaged in the individual labour contract, would be brought into full conformity with the Convention. It notes the Government’s indication in its report that the CNCT has completed its examination of the draft texts for the amendment of the Labour Code and has transmitted them to the competent authorities. The Committee requests the Government to provide information on the progress made in this respect.

Article 12(1). Regular payment of wages. Further to its previous comments concerning wage arrears, particularly in the public service, the Committee notes the Government’s indication that the payment of the wage arrears due to former employees of public enterprises that have been restructured, closed or privatized is being made progressively and that the process is currently at the stage of the settlement of the related disputes. The Committee notes the observations of the UGTC, which refer to the existence of wage arrears. It also notes the Government’s response, according to which measures are currently being taken to reinforce controls and punish employers that are not in compliance with the law. In this regard, the Committee recalls that the application in practice of Article 12 of the Convention is based on three essential elements: (i) efficient control; (ii) appropriate sanctions; and (iii) the means to redress the injury caused, including not only the full payment of the amounts due, but also fair compensation for the losses incurred by the delayed payment (see 2003 General Survey on the protection of wages, paragraph 368). The Committee therefore requests the Government to indicate the means of redress available to workers in the event of delays in the payment of wages.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 8 and 12 of the Convention. Deduction from wages – Payment of wages at regular intervals. Further to its previous comment, the Committee notes the Government’s indication that the revision of the Labour Code (Law No. 92-007 of 14 August 1992) is still in progress, and that the draft amendments to the Code are being examined by the National Consultative Labour Committee. The Committee also notes the information provided by the Government concerning the activities of the committee set up by Decision No. 06/1438/CF/CAB/MINEFI/CTPL of 10 July 2006 for the evaluation of the wage arrears due to former employees of state companies that have been restructured, liquidated or privatized. The Committee requests the Government to keep the Office informed of any progress made concerning the revision of the Labour Code. It also requests the Government to provide together with its next report up-to-date information on the settlement of outstanding wage debt and any measures to prevent the accumulation of wage arrears in the future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 8(1) of the Convention. Deductions from wages. In its previous comments, the Committee took note of the observations of 9 September 2011 by the General Union of Workers of Cameroon (UGTC) and those of 20 October 2011 by the Cameroon Trade Union Congress (CTUC). These organizations allege irregularities in the wage deductions made by the National Social Insurance Fund (CNPS) and failure to involve the National Consultative Labour Commission. The Committee notes that the Government’s latest report contains no fresh information in response to the comments by the two organizations and makes no further reference to the process of revision to bring section 75 of the Labour Code into line with this Article of the Convention. While stressing that social dialogue is of fundamental importance in the implementation of the provisions of international labour Conventions, the Committee points out that ultimate responsibility for alignment of the legislation with the Convention lies with the Government. It again asks the Government to send all relevant information on the measures taken to bring the legislation into line with the Convention on this point. Furthermore, it requests the Government to send to the Office copies of any draft amendments to section 75(1) of the Labour Code, reportedly submitted for examination to the National Consultative Labour Commission.

Article 12(1). Payment of wages at regular intervals. The Committee notes that in response to its previous comments, the Government states that the wage arrears due to former employees of privatized state enterprises are being paid as cases are dealt with, as agreed with the social partners, and according to budget availability. With regard to numerical data, the Government indicates that these will be sent to the Office at a later date as soon as they become available. The Committee understands that there are still difficulties in paying public sector wages on a regular basis, for example some contractual staff in the public service have received no pay for about two years. The Committee again asks the Government to provide detailed information on the problems of wage arrears that the Committee has raised in its comments since 2008, particularly with regard to the public sector, including the total amount of wage arrears, the operation of the special commission set up to calculate and settle the wage entitlements and arrears of former employees of state and semi-public enterprises, and any other measures taken or envisaged with a view to settling all outstanding payments and preventing the recurrence of similar problems in the future.

[The Government is asked to reply in detail to the present comments in 2013.]

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

Article 8(1) of the Convention. Deductions from wages. The Committee notes the comments of the General Union of Cameroon Workers (UGTC), dated 9 September 2011, according to which the National Social Insurance Fund (CNPS) as from August 2009 has been making deductions from the wages of certain employees in violation of section 75 of the Labour Code and section 4 of Decree No. 94/197/PM of 9 May 1994. In this connection, the Committee notes the Government’s indication that the Labour Code is currently in the process of revision and section 75 will be brought into line with the Convention with respect to wage deductions (known as “deposits”) prescribed by individual labour agreements. The Committee also notes the comments of the Cameroon United Workers Confederation (CTUC) according to which the announced labour law reform would call for the involvement of the National Consultative Labour Commission, which nonetheless has not met for the last two years. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the UGTC and CTUC. It also requests the Government to keep the Office informed of any progress made in the process of revision of the Labour Code.

Article 12(1). Payment of wages at regular intervals. The Committee notes the Government’s indication that it has recently allocated more than 3 billion CFA francs (approximately US$6.35 million) to private educational institutions permitting them to pay delayed wages. It also notes the Government’s indication that the heavily indebted poor countries (HIPC) initiative of the International Monetary Fund has contributed to the reduction of poverty in the country, for instance, by reducing the existing wage debt in the education and health sectors. In this regard, the Committee notes the comments of the CTUC according to which the report of the meeting with public administrations concerned by the payment of wages arrears by liquidated public and semi-public companies has not yet been finalized and communicated to the social partners. The Committee asks the Government to provide more detailed information concerning the persistent problems of accumulated wage arrears that have been highlighted by the Committee in the observations addressed in 2008 and 2009, especially in the public sector, including the total amounts of wage arrears by different branches of the economy, the operation of the special commission set up to calculate and settle wage entitlements and arrears of former employees of state and semi-public enterprises, concrete quantified results of the HIPC initiative with respect to wage arrears, and any other measures taken or envisaged with a view to settling all outstanding payments and preventing the recurrence of similar problems in the future.

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

The Committee notes the report sent by the Government in response to observations made by the General Confederation of Labour-Liberty
(CGTL) of Cameroon. It notes with regret, however, that the Government’s replies are very brief and contain no fresh information about the measures taken to ensure implementation of the Convention.

Article 8, paragraph 1, of the Convention. Deductions from wages. The Committee refers to its previous comments regarding section 75(1) of Act No. 92/007 of 14 August 1992 issuing the Labour Code and section 4 of Decree No. 94/197/PM of 9 May 1994 regarding deductions from wages, under which such deductions, known as “deposits”, may be prescribed in collective agreements or individual labour contracts. It reminds the Government that according to Article 8(1) of the Convention, such deductions may be permitted only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award. Consequently, they may not be prescribed by a mere individual work contract. The Committee notes that in its 2008 report, the Government stated it expected the National Labour Advisory Board to examine the relevant legal texts. It notes that in reply to CGTL’s observations on this matter, in its last report the Government invites the above organization to make proposals for consideration by the National Labour Advisory Board. The Committee stresses that social dialogue is of fundamental importance to the implementation of international labour standards, and points out that responsibility for alignment of the national legislation with the Convention ultimately rests with the Government. The Committee accordingly asks the Government to send all relevant information on measures taken to bring the legislation into line with the Convention on this matter. The Government is asked to send the Office a copy of any draft amendments to section 75(1) of the Labour Code and section 4 of Decree No. 94/197/PM of 9 May 1994 that may have been submitted to the National Labour Advisory Board for consideration.

Article 12, paragraph 1. Payment of wages at regular intervals. In the absence of any information on this matter in the Government’s last report, the Committee again asks the Government to supply detailed information on the operation of the special commission set up to calculate and settle wage entitlements and arrears of former employees of state and semi-public enterprises which are being wound up because of the economic crisis, to which the Government referred in its report for 2008, together with details of the results obtained by the commission. The Government is also asked to provide information on the extent of the wage arrears problem in the various sectors of the economy and on the measures taken to remedy it.

The Committee furthermore notes that Decree 2008/099 of 7 March 2008 to raise the basic monthly pay of civilian and military personnel, increased the pay of these persons by 15 per cent as from 1 April 2008. The Committee requests the Government to provide information on the financial implications of this measure, especially as far as the overall wage debt is concerned.

With regard to the education sector, the Committee notes from the information in the report sent by the Government in 2008 that private sector employers have made efforts to reduce, and even eliminate, wage arrears. The Committee asks the Government to provide particulars of the measures taken to this end by the employers concerned.

Lastly, with regard to education establishments in the public sector, the Committee notes that in its report for 2008, the Government stated its intention of pursuing the operation to issue contracts to teaching staff, who are paid immediately out of HIPC (heavily indebted poor country) funds. It notes that the HIPC initiative, launched under the auspices of the International Monetary Fund and the World Bank, seeks to combat poverty by securing financing for the social sectors out of funds that were initially to be paid to the country’s donors. The Committee understands that a large number of teachers have been recruited under such contracts since 2007 and asks the Government to provide further information on the implementation of the HIPC initiative and on any results it may have made possible in terms of reducing wage arrears.

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

Article 12, paragraph 1, of the Convention. Payment of wages at regular intervals. The Committee notes the observations made by the General Union of Cameroon Workers (UGTC) concerning specific problems of accumulated wage arrears and the protection of workers’ claims following the privatization of certain enterprises. More concretely, the UGTC indicates that the workers of the companies LABOGENIE and MATGENIE and those employed by the Chamber of Agriculture, Fishing and Stock Raising have not received their wages for several months while the pay claims of the workers of CAMPOST, CAMTEL and FEICOM, which are being wound up, have not been settled. The Committee also notes similar observations made by the General Confederation of Labour – Liberty of Cameroon (CGTL) according to which wage arrears have been accumulated for more than ten years. In its reply, the Government merely states that it currently examines the settlement of any wage debts owed to former employees of state enterprises and that it has established for this purpose a special commission presided by the Finance Minister. The Committee asks the Government to provide full particulars on the operation and the results obtained by that commission. It also hopes that the Government will be in a position to supply in its next report up to date information on the nature and extent of any persistent difficulties concerning the timely payment of wages, especially in the public sector, and the measures or initiatives taken in order to settle all outstanding payments and prevent the recurrence of similar problems in the future. Recalling that the Government has still to reply to previous comments in connection with the wage arrears situation in the education sector, the Committee would appreciate receiving detailed information on the total amount of wage arrears, the sectors of economic activity and number of workers affected, the average delay in the payment of wages and any negotiated timetable for the reimbursement of the wage debt in question.

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

The Committee notes the observations received on 21 August 2007 from the General Union of Cameroon Workers (UGTC) concerning the application of the Convention. It notes that, according to the UGTC, the workers of the companies LABOGENIE and MATGENIE, and those employed by the Chamber of Agriculture, Fishing and Stock Raising, are several months in arrears with their wages. Furthermore, the pay claims of the workers of CAMPOST, CAMTEL and FEICOM, firms that are being wound up, have not been settled. The UGTC also indicates that public employees’ wages were reduced by 70 per cent in 1993 and have not been increased since, despite requests from the unions. The Committee requests the Government to provide all relevant information in response to the UGTC’s observations.

The Government is also asked to reply to the direct request of 2006, which likewise raised matters about wage arrears, particularly in the teaching sector, as well as the issue of wage deductions.

[The Government is asked to reply in detail to the present comments in 2008.]

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

The Committee notes the information supplied in the Government’s report and the attached documentation. It would appreciate further information on the following points.

Article 8, paragraph 1, of the Convention. Deductions from wages. The Committee notes that, according to the Government, the consignments and loans provided for in section 75(1) of the Labour Code pertain to specific posts involving the handling of funds and that the consignments and loans earn interest for the depositors and ensure their solvency. In view of Decree No. 94/197/PM of 9 May 1994 on wage deductions, the Committee wishes to draw the Government’s attention once again to the fact that section 4(1) of the Decree allows individual contracts to provide for part of the wage to be consigned. The Convention, however, requires the types and extent of permissible deductions to be prescribed only by national laws and regulations or fixed by collective agreements or arbitration awards. The Committee therefore requests the Government to indicate the measures taken or envisaged to bring its legislation into conformity with the Convention on this point.

Article 12. Payment of wages at regular intervals. The Committee understands that Cameroon is facing difficulties regarding the regular payment of wages, particularly in the teaching sector, where there are now wage arrears of between ten and 40 months. The Committee requests the Government to specify the sectors of activity and the number of workers affected by this problem, the total amount of the arrears and the average delay in payment. Please also indicate the measures taken or envisaged to end such practices and ensure regular payment of wages in future.

Part V of the report form. The Committee would be grateful if the Government would provide general information on the application of the Convention, including, for instance, extracts from official reports of the Labour Inspectorate showing the number and nature of the infringements reported, information on the practical difficulties encountered in implementing the Convention, etc.

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

The Committee notes the information supplied by the Government in its report and the attached documentation.

Article 8 of the Convention. The Committee notes that, by virtue of section 75(1) of the Labour Code Act No. 92/007 of 14 August 1992, deductions may be made for deposits ("consignations") set out in individual labour contracts. The Committee is bound to observe, however, that under this Article of the Convention the types and extent of permissible deductions should be prescribed by national laws or regulations or fixed by collective agreements or arbitration awards and not by individual agreements. The Committee has consistently taken the view that provisions of national legislation authorizing deductions from wages by virtue of individual agreement or consent do not offer the level of protection required by the Convention. It therefore asks the Government to consider the adoption of suitable measures to specify the types and limits of deductions permitted for deposits ("consignations") provided for in contracts of employment.