Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Democratic Republic of the Congo (Ratification: 1960)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise 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 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Minimum wage fixing machinery. In its previous comment the Committee drew the Government’s attention to the fact that the periodic adjustment of the minimum wage rate, as a social protection measure aimed at ensuring a satisfactory living standard for workers and their families, should be accompanied by supervisory measures and penalties enabling the effective application of legislation on minimum wages to be guaranteed in practice. In this regard the Committee notes that a tripartite committee responsible for monitoring the guaranteed interoccupational minimum wage (SMIG) has been set up and its operating procedures have been determined by Ministerial Order No. 12/CAB/MIN/ETPS/08/2009 of 5 February 2009. As the Committee understands it, the tripartite committee is facing persistent difficulties in ensuring application of the SMIG (fixed at 1,680 Congolese francs per day since May 2008) and that many private and public enterprises refuse to pay their employees the SMIG as fixed by law. Recalling that the primary aim of the Convention is to ensure a decent standard of living for low-paid workers and their families, the Committee requests the Government to provide further information on the operation and resources of the committee responsible for monitoring the SMIG and on any other measures taken or contemplated to ensure full observance of the minimum wage rates in force, including inspection results showing the number of infringements observed and the penalties imposed.

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

Article 3 of the Convention. Minimum wage fixing machinery. In its previous comment the Committee drew the Government’s attention to the fact that the periodic adjustment of the minimum wage rate, as a social protection measure aimed at ensuring a satisfactory living standard for workers and their families, should be accompanied by supervisory measures and penalties enabling the effective application of legislation on minimum wages to be guaranteed in practice. In this regard the Committee notes that a tripartite committee responsible for monitoring the guaranteed interoccupational minimum wage (SMIG) has been set up and its operating procedures have been determined by Ministerial Order No. 12/CAB/MIN/ETPS/08/2009 of 5 February 2009. As the Committee understands it, the tripartite committee is facing persistent difficulties in ensuring application of the SMIG (fixed at 1,680 Congolese francs per day since May 2008) and that many private and public enterprises refuse to pay their employees the SMIG as fixed by law. Recalling that the primary aim of the Convention is to ensure a decent standard of living for low-paid workers and their families, the Committee requests the Government to provide further information on the operation and resources of the committee responsible for monitoring the SMIG and on any other measures taken or contemplated to ensure full observance of the minimum wage rates in force, including inspection results showing the number of infringements observed and the penalties imposed.

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 3 of the Convention. Minimum wage-fixing machinery. The Committee notes the adoption of Ordinance No. 08/04 of 30 April 2008 fixing the minimum guaranteed interoccupational wage, which sets the minimum wage rate at FC1,680 per day (approximately US$4) as from 1 January 2009, namely an increase of 500 per cent in relation to the rate previously fixed at FC335 per day (approximately US$0.8), pursuant to Decree No. 080/2002 of 3 July 2002. The Committee understands that the re-evaluation of the minimum wage was decided at the 3rd extraordinary session of the National Labour Council (CNT), taking account of companies’ capacity for payment and the deterioration in workers’ purchasing power since the fixing of the minimum wage in 2002.

In this regard, the Committee recalls that the periodic adjustment of the minimum wage rate, as a social protection measure aimed at ensuring a satisfactory living standard for workers and their families, might not produce specific results unless it is accompanied by supervisory measures and penalties enabling the effective application of legislation on minimum wages to be guaranteed in practice. The Committee would therefore be grateful if the Government would supply with its next report up to date information on the results of labour inspections and also statistics on the numbers and various categories of workers covered by the legislation on the minimum wage. The Committee hopes that the Government will do its utmost to gather and communicate the information requested under Article 5 of the Convention and Part V of the report form.

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

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 3 of the Convention. Minimum wage-fixing machinery. The Committee notes the adoption of Ordinance No. 08/04 of 30 April 2008 fixing the minimum guaranteed interoccupational wage, which sets the minimum wage rate at FC1,680 per day (approximately US$4) as from 1 January 2009, namely an increase of 500 per cent in relation to the rate previously fixed at FC335 per day (approximately US$0.8), pursuant to Decree No. 080/2002 of 3 July 2002. The Committee understands that the re-evaluation of the minimum wage was decided at the 3rd extraordinary session of the National Labour Council (CNT), taking account of companies’ capacity for payment and the deterioration in workers’ purchasing power since the fixing of the minimum wage in 2002.

In this regard, the Committee recalls that the periodic adjustment of the minimum wage rate, as a social protection measure aimed at ensuring a satisfactory living standard for workers and their families, might not produce specific results unless it is accompanied by supervisory measures and penalties enabling the effective application of legislation on minimum wages to be guaranteed in practice. The Committee would therefore be grateful if the Government would supply with its next report up to date information on the results of labour inspections and also statistics on the numbers and various categories of workers covered by the legislation on the minimum wage. The Committee hopes that the Government will do its utmost to gather and communicate the information requested under Article 5 of the Convention and Part V of the report form.

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

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

Article 3 of the Convention. Minimum wage-fixing machinery. The Committee notes with interest the recent developments concerning the fixing of the minimum wage, in particular Decree No. 079/2002 of 3 July 2002, section 4 of which sets out the social and economic criteria which must be taken into consideration for the fixing of the minimum guaranteed interoccupational wage and section 10 of which provides for the setting up of a tripartite committee responsible for periodically studying the relationship between the general consumer price index and wage levels with a view to permitting the annual revision of the minimum wage.

Furthermore, the Committee notes the adoption of Ordinance No. 08/04 of 30 April 2008 fixing the minimum guaranteed interoccupational wage, which sets the minimum wage rate at FC1,680 per day (approximately US$4) as from 1 January 2009, namely an increase of 500 per cent in relation to the rate previously fixed at FC335 per day (approximately US$0.8), pursuant to Decree No. 080/2002 of 3 July 2002. The Committee understands that the re-evaluation of the minimum wage was decided at the 3rd extraordinary session of the National Labour Council (CNT), taking account of companies’ capacity for payment and the deterioration in workers’ purchasing power since the fixing of the minimum wage in 2002.

In this regard, the Committee recalls that the periodic adjustment of the minimum wage rate, as a social protection measure aimed at ensuring a satisfactory living standard for workers and their families, might not produce specific results unless it is accompanied by supervisory measures and penalties enabling the effective application of legislation on minimum wages to be guaranteed in practice. The Committee would therefore be grateful if the Government would supply with its next report up to date information on the results of labour inspections and also statistics on the numbers and various categories of workers covered by the legislation on the minimum wage. The Committee hopes that the Government will do its utmost to gather and communicate the information requested under Article 5 of the Convention and Part V of the report form.

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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the adoption by the National Labour Council (CNT) at its session from 15 January to 12 February 2002 of three bills containing provisions respecting minimum wage fixing machinery, including a draft revised Labour Code, a draft decree determining the methods for the fixing and adjustment of the guaranteed minimum inter-occupational wage (SMIG) and a draft decree fixing the SMIG. The Committee requests the Government to provide copies of these texts as soon as they have been enacted and published in the Official Journal, together with any other information concerning the fixing of minimum wages in accordance with the requirement of the full consultation and direct participation of the representatives of employers and workers concerned.

The Committee also notes the Government’s indication that, despite the fact that the Labour Inspectorate is once again undertaking inspections, the reports thereon are not yet available. Recalling that such information has not been provided since 1993, the Committee trusts that the Government will make every effort to provide this information in the very near future, as well as any general indications on the application of the Convention in practice, in accordance with Article 5 of the Convention and Part V of the report form.

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

The Committee notes with interest the information provided by the Government in its report, and particularly the adoption by the National Labour Council (CNT) at its session from 15 January to 12 February 2002 of three bills containing provisions respecting minimum wage fixing machinery, including a draft revised Labour Code, a draft decree determining the methods for the fixing and adjustment of the guaranteed minimum inter-occupational wage (SMIG) and a draft decree fixing the SMIG. The Committee requests the Government to provide copies of these texts as soon as they have been enacted and published in the Official Journal, together with any other information concerning the fixing of minimum wages in accordance with the requirement of the full consultation and direct participation of the representatives of employers and workers concerned.

The Committee also notes the Government’s indication that, despite the fact that the Labour Inspectorate is once again undertaking inspections, the reports thereon are not yet available. Recalling that such information has not been provided since 1993, the Committee trusts that the Government will make every effort to provide this information in the very near future, as well as any general indications on the application of the Convention in practice, in accordance with Article 5 of the Convention and Part V of the report form.

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

The Committee notes the Government’s report.

Articles 3 and 5 of the Convention. The Committee notes that, according to the information supplied by the Government, sections 73 to 75 of the Labour Code continue to provide for consultation of organizations of employers and workers within the National Labour Council (CNT). It notes, however, that the political and economic climate of the country has not allowed the CNT to meet in order to fix the guaranteed minimum interoccupational wage (SMIG). The Government states, moreover, that it will attempt to hold a meeting of the CNT within a reasonable time and that, consequently, precise information will be supplied as soon as available. The Committee therefore requests the Government to do its utmost to fix the new SMIG rates on the basis of a tripartite consultation and hopes that the Government will be in a position to give information in its next report on any progress made in this regard.

Part V of the report form. The Committee notes from the Government’s report that the inspection visits that were suspended have been resumed and that detailed information on this matter will be supplied in the next report. The Committee trusts that, in the very near future, the Government will provide information on the results of labour inspections in regard to minimum salaries, as well as general information on the application in practice of the Convention.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

  Articles 3 and 5 of the Convention.  The Committee notes the Government’s statement that, as a result of the Recommendation of the Supreme National Conference providing, inter alia, for the SMIG to be reviewed every six months to take account of the cost of living, the Ministry of Labour and Social Welfare is currently drafting provisions which are shortly to be submitted to the National Labour Council. The Committee asks the Government to provide information on any further developments in this matter. The Committee also takes note of the information on the activities of the labour inspectorate. It hopes that the Government will continue to supply information on the practical effect given to the Convention.

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:

Articles 3 and 5 of the Convention. The Committee notes the Government's statement that, as a result of the Recommendation of the Supreme National Conference providing, inter alia, for the SMIG to be reviewed every six months to take account of the cost of living, the Ministry of Labour and Social Welfare is currently drafting provisions which are shortly to be submitted to the National Labour Council. The Committee asks the Government to provide information on any further developments in this matter. The Committee also takes note of the information on the activities of the labour inspectorate. It hopes that the Government will continue to supply information on the practical effect given to the Convention.

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:

Articles 3 and 5 of the Convention. The Committee notes the Government's statement that, as a result of the Recommendation of the Supreme National Conference providing, inter alia, for the SMIG to be reviewed every six months to take account of the cost of living, the Ministry of Labour and Social Welfare is currently drafting provisions which are shortly to be submitted to the National Labour Council. The Committee asks the Government to provide information on any further developments in this matter. The Committee also takes note of the information on the activities of the labour inspectorate. It hopes that the Government will continue to supply information on the practical effect given to the Convention.

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

The Commmittee 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:

Articles 3 and 5 of the Convention. The Committee notes the Government's statement that, as a result of the Recommendation of the Supreme National Conference providing, inter alia, for the SMIG to be reviewed every six months to take account of the cost of living, the Ministry of Labour and Social Welfare is currently drafting provisions which are shortly to be submitted to the National Labour Council. The Committee asks the Government to provide information on any further developments in this matter. The Committee also takes note of the information on the activities of the labour inspectorate. It hopes that the Government will continue to supply information on the practical effect given to the Convention.

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

Articles 3 and 5 of the Convention. With reference to its previous comments, the Committee notes with interest the fixing of the guaranteed inter-occupational minimum wage (SMIG) by Ordinance No. 91/007 of 25 February 1991.

It also notes the Government's statement that, as a result of the Recommendation of the Supreme National Conference providing, inter alia, for the SMIG to be reviewed every six months to take account of the cost of living, the Ministry of Labour and Social Welfare is currently drafting provisions which are shortly to be submitted to the National Labour Council. The Committee asks the Government to provide information on any further developments in this matter. The Committee also takes note of the information on the activities of the labour inspectorate. It hopes that the Government will continue to supply information on the practical effect given to the Convention.

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

Articles 3 and 5 of the Convention. The Committee notes the information supplied concerning the new wages policy adopted by the Government. The Committee notes that the Executive Council has been made responsible for fixing the minimum wage on the basis of data on average family incomes and that consultations were held with the National Association of Enterprises of Zaire (ANEZA) and the National Union of Workers of Zaire (UNTZA) in order to study the ways and means of formulating a dynamic wages policy and fixing a new guaranteed minimum inter-occupational wage so as to bring wages as nearly as possible into line with the cost of living. The Committee requests the Government to report on the outcome of these consultations and to indicate whether and, if so, what new minimum wage rates have been fixed in this manner. The Committee also notes that, due to the lack of reliable statistics, the Government cannot indicate the number of workers covered by minimum wages, but that it hopes to be able to do so in its next report. The Committee hopes that the Government will be able to supply this information in the near future.