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

Cameroon

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1960)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 1973)

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 95 (protection of wages) and 131 (minimum wages) together.

The Committee notes the observations of the Cameroon Workers’ Trade Union Confederation (CSTC), received on 31 August 2022, and the Government’s reply to the observations of the CSTC on Convention No. 131, received on 15 November 2022.

A.Minimum wages

Article 5 of Convention No. 131. Measures to ensure effective application of the provisions of minimum wages. Further to its previous comments, the Committee notes the information provided by the Government in its report concerning the objectives set regarding labour inspections in enterprises. The Committee notes, however, that, according to the observations of the CSTC, difficulties persist in the application of the guaranteed minimum inter-occupational wage (SMIG) in practice, and that the labour inspectorate has difficulties in ensuring that employers of domestic workers in private homes apply the SMIG. The Committee requests the Government to continue its efforts to strengthen monitoring of the application of the provisions of minimum wages, including in the informal economy, and to provide information on the results of the measures taken.

B.Protection of wages

Article 8 of Convention No. 95. Deductions from wages. Further to its previous comments, the Committee notes that, according to the Government’s report, section 75 of the Labour Code, under the terms of which deductions from wages, known as consignations, can be envisaged in the individual labour contract, has still not been revised. The Committee recalls that Article 8(1) of the Convention provides that deductions shall be permitted only under conditions and to the extent prescribed, not by individual agreement, but by national laws, or fixed by collective agreement or arbitration award. Recalling that this Article makes exclusive reference to national legislation, collective agreements and arbitration awards, and that provisions in national legislation permitting deductions by virtue of individual agreements or consent are not compatible with this Article (2003 General Survey on protection of wages, paragraph 217), the Committee requests the Government to take the necessary measures to bring section 75 of the Labour Code into conformity with Article 8(1). The Committee also requests the Government to indicate the way in which section 75(1) of the Labour Code is applied in practice, including by providing examples of consignations provided for in the individual labour contracts.

Article 12(1). Regular payment of wages. Further to its previous comments, the Committee notes the Government’s indication that, in the event of delays in the payment of wages, redress available to the workers comprises raising the matter with the employer for the payment of wages, or referring the matter to the labour inspectorate. The Committee also notes that, according to the Government, the number of enterprises concerned by wage arrears rose from 152 in 2017 to 289 in 2020, before falling by more than half, following the strengthening of labour inspection measures. The Committee notes, however, that the CSTC, in its observations, indicates that it has detected cases of workers who have accumulated up to 36 months of wage arrears. The CSTC also refers to situations where, after a case has been brought to the labour inspectorate and a conciliation procedure for the payment of a number of months of wages has been concluded, new wage arrears accumulate. The Committee therefore requests the Government to continue its efforts to remedy the problems detected relating to wage arrears to ensure the regular payment of wages, in accordance with Article 12(1) of the Convention. The Committee also requests the Government to provide detailed information on the measures taken, including any court decision or arbitration award issued in connection with this Article of the Convention, and the progress achieved in this regard.

The Committee is raising other matters in a request addressed directly to the Government.