Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Benin

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1960)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1960)

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

Minimum wages

Article 3(1) of Convention No 26. Minimum wage fixing machinery. The Committee notes the information provided by the Government in reply to its previous comments on this matter.

Article 4. Effective application in practice. Informal sector. Further to its previous comments, the Committee notes the Government’s indication in its report that, in practice, the guaranteed minimum inter-occupational wage is only effectively applied in enterprises in the formal sector. The Committee also notes that, according to the results of the 2011 integrated modular survey on the living conditions of households, more than 90 per cent of workers aged between 15 and 64 years were employed in the informal sector. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to guarantee the payment of the minimum wage to workers in the informal sector.

Protection of wages

Articles 8 and 10 of Convention No. 95. Deductions from and attachment and assignment of wages. In its previous comments, the Committee requested the Government to consider the adoption of suitable measures to prescribe the conditions and extent of deductions permitted under individual employment contracts, under section 216 of the Labour Code, so as to bring the legislation into conformity with Article 8(1). The Committee also requested the Government to take the necessary measures to adopt regulations setting limits on potential deductions. The Committee notes the Government’s indication that the legislation in this regard has not changed. The Committee therefore requests the Government to take the necessary measures to set the limit for deductions from wages, including those arising from attachment or assignment. The Committee particularly requests the Government to specify the conditions and limits on deductions that may be authorized under individual employment contracts.

Article 12(1). Regular payment of wages. In its previous comments, the Committee requested the Government to provide information on the progress of the clearance plan implemented to address issues related to the regular payment of wages that had led to wage arrears in the public service. The Committee notes the Government’s indication that the issue has been definitively resolved by issuing securities and that the clearance plan has been successfully completed.

Article 14(b). Payslips for workers. The Committee notes the Government’s reply to its previous comments on this matter.