Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Mali

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.

The Committee notes the observations of the National Council of Employers of Mali (CNPM), provided with the Government’s report.

Article 3(1) and (2) of Convention No. 26. Minimum wage-fixing machinery and participation of the social partners. In its previous comment, noting that section 284 of the Labour Code provides that: (i) the opinion of the Higher Labour Council (CST)is required in all cases in which regulations have to be issued under the provisions of the Labour Code; and (ii) the CST is also responsible for examining the elements that could serve as a basis for the determination of the minimum wage, the Committee requested the Government to provide information on the effect given in practice to section 284 of the Labour Code on the occasion of a future examination of the rates of the guaranteed minimum interoccupational wage (SMIG). The Committee notes the Government’s indication in its report that it undertakes to provide this information at the forthcoming examination of the SMIG. The Committee notes that the last examination of the SMIG took place in 2016. Hoping that the process for the examination of the SMIG will be reactivated in the near future, the Committee once again requests the Government to provide information on the effect given in practice to section 284 of the Labour Code on the occasion of this examination.

Article 12 of Convention No. 95. Regular payment of wages. In its previous comment, the Committee noted the observations of the Confederation of Workers’ Unions of Mali (CSTM), according to which certain parapublic institutions have several months of wage arrears, including delays in the payment of wages of between four and nine months for the workers of the Mali Geographical Institute (IGM). The Committee notes the Government’s indication that the payment of wage arrears for the workers of the IGM and for the territorial authorities are being regularized. The Committee notes that the CNPM in its observations indicates that the Government has not provided any information on this subject, including on the number of months paid to date. The Committee requests the Government to take the necessary measures, in consultation with the social partners, to resolve the problem of wage arrears and to provide information in this regard.