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

Guinea

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1959)
Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) (Ratification: 1966)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on minimum wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 in a single comment.

Article 3 of Conventions Nos 26 and 99. Minimum wage fixing machinery. Further to its previous comments on the application of section 241.7(1) of the Labour Code, which provides that all employees have the right to a guaranteed inter-occupational minimum wage (SMIG) and that the guaranteed minimum rate for an hour of work shall be determined by decree, after the Advisory Committee on Labour and Social Legislation has issued an opinion, the Committee notes the Government’s indication that a decree is being formulated. The Committee therefore requests the Government to provide information on the adoption of this decree and on the consultations held in the Advisory Committee on Labour and Social Legislation on this matter.

Article 4 of Conventions Nos 26 and 99. System of supervision and sanctions. The Committee notes that sections 523.19 to 523.33 of the Labour Code establishing penalties for failure to comply with certain provisions of the Code do not cover section 241.7(1). The Committee therefore requests the Government to provide information on the sanctions applicable for failure to observe the minimum wage.