Protection of Wages Convention, 1949 (No. 95) - Democratic Republic of the Congo (Ratification: 1969)

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

Article 8 of the Convention. Deductions from wages. Further to its previous comments on the absence of limits on the amounts of authorized deductions from wages, the Committee notes that the Government’s report does not contain information on this subject. The Committee therefore requests the Government to take the necessary measures, on the basis of discussions in the National Labour Council, to establish limits on the permitted amount of deductions from wages, and to provide information in this regard.

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 Convention No. 26 (minimum wages) and Convention No. 95 (protection of wages) in a single comment.

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, namely concerning the work undertaken in 2017 within the National Labour Council to revise the interoccupational guaranteed minimum wage. The Committee also notes the subsequent adoption of Decree No. 18/017 of 22 May 2018 fixing the interoccupational guaranteed minimum wage.

Protection of wages

Article 8 of Convention No. 95. Deductions from wages. In its previous comments, the Committee referred to the deductions authorized under section 112 of the Labour Code. There is no limit applicable to each deduction or an overall limit. While noting the Government’s indication that the issue will be addressed by the National Labour Council, the Committee recalls the importance of fixing such limits in order to protect the income of workers in the case of multiple deductions (see 2003 General Survey on the protection of wages, paragraph 296). The Committee therefore requests the Government to take the necessary measures, on the basis of discussions within the National Labour Council, to establish limits on the amount of deductions from wages permitted, and to provide information in this regard.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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 initially made in 2013.

Repetition

Article 8(1) of the Convention. Deductions from wages. In its previous comments the Committee noted that section 112 of the Labour Code, which enumerates the cases in which deductions from wages are authorized, cannot be taken as an exhaustive list and does not establish that deductions made for reasons other than those listed in section 112 are prohibited. It also pointed out that the same section does not establish a limit to the deductions that may be made, as required by Article 8(1) of the Convention. In its last report, the Government indicates that deductions made for reasons other than those listed in section 112 are regulated by collective agreements. The Committee requests the Government to indicate how it is ensured, in law and in practice, that deductions made from wages for reasons other than those prescribed by the national legislation or fixed by collective agreement are prohibited. It also requests the Government to report any measures taken to limit deductions from wages to the extent deemed necessary for the maintenance of the worker and his/her family.

Articles 12 and 15. Regular payment of wages – Supervisory measures. The Committee notes the comments of the Confederation of Trade Unions of Congo (CSC) received on 30 August 2013 and forwarded to the Government on 18 September 2013. The CSC, while noting with satisfaction the measure taken by the Government for the payment by bank transfer of the wages of State officials and employees, which has made wage payment as a whole significantly safer, expresses the view that the statutory provisions on wage protection are not observed, in particular in Chinese enterprises and in commerce. The CSC adds that its communications on this matter to the Ministry of Employment, Labour and Social Welfare have so far gone unanswered. The Committee requests the Government to send any comments it may wish to make in reply to the CSC’s observations.

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 8(1) of the Convention. Deductions from wages. In its previous comments the Committee noted that section 112 of the Labour Code, which enumerates the cases in which deductions from wages are authorized, cannot be taken as an exhaustive list and does not establish that deductions made for reasons other than those listed in section 112 are prohibited. It also pointed out that the same section does not establish a limit to the deductions that may be made, as required by Article 8(1) of the Convention. In its last report, the Government indicates that deductions made for reasons other than those listed in section 112 are regulated by collective agreements. The Committee requests the Government to indicate how it is ensured, in law and in practice, that deductions made from wages for reasons other than those prescribed by the national legislation or fixed by collective agreement are prohibited. It also requests the Government to report any measures taken to limit deductions from wages to the extent deemed necessary for the maintenance of the worker and his/her family.

Articles 12 and 15. Regular payment of wages – Supervisory measures. The Committee notes the comments of the Confederation of Trade Unions of Congo (CSC) received on 30 August 2013 and forwarded to the Government on 18 September 2013. The CSC, while noting with satisfaction the measure taken by the Government for the payment by bank transfer of the wages of State officials and employees, which has made wage payment as a whole significantly safer, expresses the view that the statutory provisions on wage protection are not observed, in particular in Chinese enterprises and in commerce. The CSC adds that its communications on this matter to the Ministry of Employment, Labour and Social Welfare have so far gone unanswered. The Committee requests the Government to send any comments it may wish to make in reply to the CSC’s observations.

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

Article 8(1) of the Convention. Deductions from wages. In its previous comments the Committee noted that section 112 of the Labour Code, which enumerates the cases in which deductions from wages are authorized, cannot be taken as an exhaustive list and does not establish that deductions made for reasons other than those listed in section 112 are prohibited. It also pointed out that the same section does not establish a limit to the deductions that may be made, as required by Article 8 (1) of the Convention. In its last report, the Government indicates that deductions made for reasons other than those listed in section 112 are regulated by collective agreements. The Committee requests the Government to indicate how it is ensured, in law and in practice, that deductions made from wages for reasons other than those prescribed by the national legislation or fixed by collective agreement are prohibited. It also requests the Government to report any measures taken to limit deductions from wages to the extent deemed necessary for the maintenance of the worker and his/her family.

Articles 12 and 15. Regular payment of wages – Supervisory measures. The Committee notes the comments of the Confederation of Trade Unions of Congo (CSC) received on 30 August 2013 and forwarded to the Government on 18 September 2013. The CSC, while noting with satisfaction the measure taken by the Government for the payment by bank transfer of the wages of State officials and employees, which has made wage payment as a whole significantly safer, expresses the view that the statutory provisions on wage protection are not observed, in particular in Chinese enterprises and in commerce. The CSC adds that its communications on this matter to the Ministry of Employment, Labour and Social Welfare have so far gone unanswered. The Committee requests the Government to send any comments it may wish to make in reply to the CSC’s observations.

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

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:

Repetition

Article 8(1) of the Convention. Deductions from wages. The Committee notes that, following the adoption of Act No. 015/2002 of 16 October 2002 issuing the Labour Code, the provisions concerning deductions from wages are more consistent with the requirements of this Article of the Convention. The Committee notes, however, that section 112 of the Code, which lists the circumstances in which deductions are authorized, cannot be taken as an exhaustive list and does not establish that deductions made for reasons other than those listed in that section are prohibited. The Committee also notes that the same section – contrary to section 114 on the attachment and assignment of wages – does not establish a limit to the deductions that may be made, as is required by this Article of the Convention. The Committee therefore requests the Government to provide clarification on these points.

Article 12(1) and Part V of the report form. Regular payment of wages. The Committee understands that the country is currently experiencing serious problems concerning wage arrears and notes that the Government’s report contains no information in response to its previous comments on the wage debt in the civil service. The Committee would like to remind the Government that wages are indispensable for the maintenance of the worker and wishes to refer to paragraph 355 of its General Survey of 2003 on protection of wages, which states that the accumulation of wage debts clearly contravenes the letter and the spirit of the Convention and renders the application of most of its other provisions simply meaningless. Consequently, the Committee asks the Government to provide detailed information on the extent of the problem (number of workers affected, sectors concerned, average delay of payment) and on the steps taken or envisaged to put an end to the wage arrears phenomenon and enable the workers concerned to recover all the sums of money they are owed.

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

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:

Repetition

Article 8(1) of the Convention. Deductions from wages. The Committee notes with interest that, following the adoption of Act No. 015/2002 of 16 October 2002 issuing the Labour Code, the provisions concerning deductions from wages are more consistent with the requirements of this Article of the Convention. The Committee notes, however, that section 112 of the Code, which lists the circumstances in which deductions are authorized, cannot be taken as an exhaustive list and does not establish that deductions made for reasons other than those listed in that section are prohibited. The Committee also notes that the same section – contrary to section 114 on the attachment and assignment of wages – does not establish a limit to the deductions that may be made, as is required by this Article of the Convention. The Committee therefore requests the Government to provide clarification on these points.

Article 12(1) and Part V of the report form. Regular payment of wages. The Committee understands that the country is currently experiencing serious problems concerning wage arrears and notes that the Government’s report contains no information in response to its previous comments on the wage debt in the civil service. The Committee would like to remind the Government that wages are indispensable for the maintenance of the worker and wishes to refer to paragraph 355 of its General Survey of 2003 on protection of wages, which states that the accumulation of wage debts clearly contravenes the letter and the spirit of the Convention and renders the application of most of its other provisions simply meaningless. Consequently, the Committee asks the Government to provide detailed information on the extent of the problem (number of workers affected, sectors concerned, average delay of payment) and on the steps taken or envisaged to put an end to the wage arrears phenomenon and enable the workers concerned to recover all the sums of money they are owed.

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

Article 8, paragraph 1, of the Convention. Deductions from wages. The Committee notes with interest that, following the adoption of Act No. 015/2002 of 16 October 2002 issuing the Labour Code, the provisions concerning deductions from wages are more consistent with the requirements of this Article of the Convention. The Committee notes, however, that section 112 of the new Code, which lists the circumstances in which deductions are authorized, cannot be taken as an exhaustive list and does not establish that deductions made for reasons other than those listed in that section are prohibited. The Committee also notes that the same section – contrary to section 114 on the attachment and assignment of wages – does not establish a limit to the deductions that may be made, as is required by this Article of the Convention. The Committee therefore requests the Government to provide clarification on these points.

Article 12, paragraph 1, and Part V of the report form. Regular payment of wages. The Committee understands that the country is currently experiencing serious problems concerning wage arrears and notes that the Government’s report contains no information in response to its previous comments on the wage debt in the civil service. The Committee would like to remind the Government that wages are indispensable for the maintenance of the worker and wishes to refer to paragraph 355 of its General Survey of 2003 on protection of wages, which states that the accumulation of wage debts clearly contravenes the letter and the spirit of the Convention and renders the application of most of its other provisions simply meaningless. Consequently, the Committee asks the Government to provide detailed information on the extent of the problem (number of workers affected, sectors concerned, average delay of payment) and on the steps taken or envisaged to put an end to the wage arrears phenomenon and enable the workers concerned to recover all the sums of money they are owed.

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

Article 8, paragraph 1, of the Convention. The Committee has been requesting the Government for the last 20 years to introduce the necessary amendments to sections 92 to 94 of the Labour Code to better reflect the requirements of this Article of the Convention. The Committee has even suggested suitable wording to this end and has repeatedly received assurances that the new amended Labour Code would take into account these comments. However, the Government in its last report states that whereas the draft Labour Code has been adopted by the tripartite National Labour Council (NLC) at its 29th session which was held from 15 January to 12 February 2002, the provisions relating to the conditions for and limits on deductions from wages were not examined on that occasion. While noting that the Government undertakes to address this aspect at the next session of the NLC, the Committee hopes that the necessary action will be taken without further delay and requests the Government to transmit a copy of the new Labour Code as soon as it is enacted.

Article 12(1) of the Convention and Part V of the report form. While noting the Government’s indication that at present it is not in a position to supply information on the number of inspection visits and the results obtained in regard to the matters dealt with in the Convention, the Committee requests the Government to make every effort to collect and communicate in its next report concrete information on the effect given to the Convention in practice, including in particular full particulars on the situation concerning accumulated wage arrears in the public sector. The Committee refers in this connection to paragraphs 23, 360 and 411-412 of the 2003 General Survey on the protection of wages in which attention was drawn to the persistent problem of non-payment or delayed payment of wages in several African countries and asks the Government to report in detail on the measures taken or planned to ensure the regular payment of wages in accordance with the relevant provision of the Convention.

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

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:

Article 8, paragraph 1, of the Convention. In its previous comments, the Committee expressed the hope that the Government would take the necessary measures to enact the draft Labour Code as revised to take into account the Committee’s comments relating to the conditions for and limits on deductions from wages.

The Committee notes that the Government’s latest report does not refer to the draft amendment, but describes the existing provisions, which permit deductions from wages in authorized cases, such as social security contributions and the payment of taxes, and which limit the proportion of wages that may be attached or assigned. The Committee recalls that, in accordance with this Article of the Convention, deductions from wages can only be made under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement.

The Committee requests the Government to supply information on the measures adopted for this purpose, including steps taken towards the adoption of the above draft Labour Code.

Part V of the report form. The Committee notes the Government’s statement that there are no major practical difficulties concerning the application of the Convention. It nevertheless requests the Government to include appropriate information in future reports, particularly on the results of inspection visits and the number and nature of the violations reported.

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

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 reads as follows:

Article 8, paragraph 1, of the Convention.  In its previous comments, the Committee expressed the hope that the Government would take the necessary measures to enact the draft Labour Code as revised to take into account the Committee’s comments relating to the conditions for and limits on deductions from wages.

The Committee notes that the Government’s latest report does not refer to the draft amendment, but describes the existing provisions, which permit deductions from wages in authorized cases, such as social security contributions and the payment of taxes, and which limit the proportion of wages that may be attached or assigned. The Committee recalls that, in accordance with this Article of the Convention, deductions from wages can only be made under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement.

The Committee requests the Government to supply information on the measures adopted for this purpose, including steps taken towards the adoption of the above draft Labour Code.

Part V of the report form.  The Committee notes the Government’s statement that there are no major practical difficulties concerning the application of the Convention. It nevertheless requests the Government to include appropriate information in future reports, particularly on the results of inspection visits and the number and nature of the violations reported.

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

Article 8, paragraph 1, of the Convention. In its previous comments, the Committee expressed the hope that the Government would take the necessary measures to enact the draft Labour Code as revised to take into account the Committee's comments relating to the conditions for and limits on deductions from wages.

The Committee notes that the Government's latest report does not refer to the draft amendment, but describes the existing provisions, which permit deductions from wages in authorized cases, such as social security contributions and the payment of taxes, and which limit the proportion of wages that may be attached or assigned. The Committee recalls that, in accordance with this Article of the Convention, deductions from wages can only be made under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement.

The Committee requests the Government to supply information on the measures adopted for this purpose, including steps taken towards the adoption of the above draft Labour Code.

Point V of the report form. The Committee notes the Government's statement that there are no major practical difficulties concerning the application of the Convention. It nevertheless requests the Government to include appropriate information in future reports, particularly on the results of inspection visits and the number and nature of the violations reported.

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

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 8, paragraph 1, of the Convention. The Committee noted that the draft of the revised Labour Code took account of the amendments formulated by the Committee concerning the conditions for and limits on deductions from wages, but that the draft had not yet been enacted. The Committee hopes that the Government will take the necessary steps to enact the above draft so as to bring the national legislation into conformity with this Article of the Convention on which it has been commenting for some years.

Point V of the report form. The Committee recalls that it asked the Government to supply information on the practical application of the Convention, particularly on the results of inspection visits and the number and nature of violations recorded. The Committee hopes, therefore, that the Government will provide this information in its next report.

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

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 8, paragraph 1, of the Convention. With reference to its earlier comments, the Committee noted that the draft of the revised Labour Code took account of the amendments formulated by the Committee concerning the conditions for and limits on deductions from wages, but that the draft had not yet been enacted. The Committee hopes that the Government will take the necessary steps to enact the above draft so as to bring the national legislation into conformity with this Article of the Convention on which it has been commenting for some years.

Point V of the report form. The Committee recalls that it asked the Government to supply information on the practical application of the Convention, particularly on the results of inspection visits and the number and nature of violations recorded. The Committee hopes, therefore, that the Government will provide this information in its next report.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 8, paragraph 1, of the Convention. With reference to its previous comments, the Committee notes that the draft of the revised Labour Code takes account of the amendments formulated by the Committee concerning the conditions for and limits on deductions from wages, but that the draft has not yet been enacted. The Committee hopes that the Government will take the necessary steps to enact the above draft so as to bring the national legislation into conformity with this Article of the Convention on which it has been commenting for some years.

Point V of the report form. The Committee recalls that it asked the Government to supply information on the practical application of the Convention, particularly on the results of inspection visits and the number and nature of violations recorded. The Committee hopes, therefore, that the Government will provide this information in its next report.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Further to its previous comments, the Committee notes that the Executive Council will take into account its comments when examining the draft of the amended Labour Code. It hopes that the Government will take the necessary steps to give effect to Article 8, paragraph 1, of the Convention following its previous direct request.

Point V of the report form. The Committee again requests the Government to provide in its next report information on the practical application of the Convention, in particular on the results of inspection and the number and nature of contraventions reported.