Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Repetition

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.

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 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.

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

Articles 6 and 8–10 of the Convention. Freedom of workers to dispose of their wages. Deductions from wages. Further to its previous comments on the need to ensure the freedom of workers to dispose of their wages, and to prescribe the conditions and extent to which deductions from wages may be imposed, the Committee notes with satisfaction that the Labour Code adopted in 2014 provides that no employer shall limit, in any manner whatsoever, the freedom of workers to dispose of their wages (section 242.1) and that it prescribes restrictive and limited conditions for the deduction, assignment and attachment of wages (sections 243.1 to 243.3).

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s reports have not been received. In its previous comments, the Committee raised several matters regarding the application of these Conventions. It notes the adoption of Act No. L/2014/072/CNT of 10 January 2014, issuing the Labour Code, several sections of which, especially within Title IV of Book 2, entitled “Wages and other elements of the remuneration” relate to the application of these Conventions. For example, section 241.7 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. Moreover, several other sections within the said Title contain provisions on the protection of wages. The Committee therefore proposes to examine in detail the application of Conventions Nos 26, 95 and 99 at its next session and hopes that it will have before it the Government’s detailed reports on that subject. It also requests the Government to provide information on any decree adopted under section 241.7 of the Labour Code.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 6, 7 and 12 of the Convention. Freedom of workers to dispose of their wages. Works stores. Payment of wages at regular intervals. The Committee notes with interest that the Labour Code is currently being revised by the National Advisory Committee on Labour and Labour Law (CCTLS). The Committee understands that the draft new Labour Code was transmitted to the Office in July 2012 and that the Office has already sent its technical comments. In its last report, the Government referred in particular to section 242.1 of the draft Code, which for the first time contains a provision which in clear terms expressly prohibits employers from limiting the freedom of workers to dispose of their wages. The Committee observes that the incorporation of this provision appears to ensure the consistency of the legislation with Article 6 of the Convention, in accordance with the recommendations it has been making for many years. The Government also refers to section 244.2 of the draft Code which regulates works stores more strictly by following closely the provisions of Article 7 of the Convention. The Committee further notes section 242.4 of the draft Code, which introduces a requirement to pay wages at regular intervals of not more than 30 days for workers paid monthly, and section 242.6, specifying the information to be given on payslips. Noting these positive developments, the Committee hopes that the Government will finalize the draft Code very shortly, and asks it to provide a copy of the new Labour Code as soon as it has been adopted.

Articles 8 and 10. Wage deductions and attachment. The Committee recalls that it has several times pointed out that deductions from wages may be imposed only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award. Consequently, contrary to what the draft Code, currently under examination by the CCTLS, states in section 243.2, they may not be authorized by an employment contract. Furthermore, the Committee is of the view that it would be appropriate to set an upper limit for the part of the wage that may be assigned, as prescribed by Article 10 of the Convention. The Committee requests the Government to take the necessary steps to ensure that the legislation is fully consistent with the Convention on this matter.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Introduction of a minimum wage. Further to its previous comments, the Committee notes with interest the draft new Labour Code, section 241.7 of which provides for the fixing by decree, after an opinion from the Labour and Social Legislation Advisory Committee (a tripartite body comprising, under the terms of section 515.3 of the draft Code, eight representatives of the employers and eight representatives of the workers from the private and the semi-private sectors), of a guaranteed inter-occupational minimum wage (SMIG). It notes that negotiations are currently in progress with a view to determining the amount of the SMIG and understands that the adoption of a decree to this end is one of the priorities for the trade union movement of Guinea. The Committee hopes that the negotiations in progress will soon be concluded and that the Government will take into account, when fixing the rate of the SMIG, the need to ensure a decent standard of living for workers and the economic situation of the country, and that the amount of the minimum wage will be adjusted regularly in accordance with changes in indicators such as the rate of inflation. Finally, in order to ensure the effectiveness of the regulations to be adopted on the SMIG, the Committee would emphasize the importance of measures intended to publicize the amount of the minimum wage in force and monitor the application of these regulations in practice, particularly through the activities of the labour inspectorate. The Committee requests the Government to keep the Office informed of any progress made in the process of adoption of the decree fixing the amount of the SMIG, sending a copy of the prior opinion issued by the Labour and Social Legislation Advisory Committee once it is available, and send all available information on the measures which will be implemented to ensure the effective application of this decree.

The Committee further notes the documents attached to the Government’s report containing the collective agreement and the wage scale for the construction, public works and civil engineering sectors, and also the wage scale negotiated for the Novotel/GHI company. The Committee requests the Government to continue to supply information on national or sectoral collective agreements fixing minimum wage rates.

Finally, the Committee wishes to take this opportunity to remind the Government that, on the basis of the recommendations of the Working Party on Policy regarding the Revision of Standards, the ILO 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 respects (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Committee therefore suggests that the Government contemplate the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents a degree of progress in comparison with Convention No. 26, for example, by providing for a wider scope, the setting up of a general minimum wage system and the adoption of certain criteria for determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken in this regard.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1 and 3 of the Convention. Establishment of minimum wage fixing machinery. The Committee notes the Government’s indications that the national legislation does not regulate the agricultural sector. In this respect, the Committee however observes that, in accordance with section 1, the Labour Code of 1988 is applicable to workers and employers exercising their professional activity throughout the Republic of Guinea, and that agricultural workers are not therefore excluded. It also notes with interest the draft new Labour Code, the scope of application of which is extended to persons engaged in an economic activity outside an employment relationship, and section 241.7 of which provides for the fixing by decree, following an opinion by the Advisory Commission on Labour and Social Legislation, of a minimum guaranteed inter-occupational wage (SMIG). The Committee notes that negotiations are currently being held with a view to determining the amount of the SMIG. It hopes that the SMIG will be applicable to agricultural workers or, if not, that tripartite negotiations will soon lead to the fixing of a guaranteed minimum agricultural wage (SMAG) so that the many agricultural workers in the country are not deprived of all protection in relation to minimum remuneration, which is one of the fundamental aspects of decent work. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure the adoption of minimum wage fixing machinery for the agricultural sector.

The Committee also notes the Government’s indication that Convention No. 99 is not on the list of up-to-date Conventions. In this respect, the Committee draws the Government’s attention to the fact that, on the basis of the recommendations of the Working Party regarding Policy on the Revision of Standards, the ILO Governing Body included Convention No. 99, among the instruments that are not completely up to date, but remain pertinent in certain respects (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The most recent instrument in this field is the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements in relation to Convention No. 99, including a broader scope of application, the need for a complete system of minimum wages and the enumeration of criteria for determining the level of minimum wages. The Committee therefore invites the Government to examine the possibility of ratifying Convention No. 131 and requests it to keep the Office informed of any decision that may be taken in that respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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 6 of the Convention. Freedom of workers to dispose of their wages. The Committee has been commenting for several years on the absence of a general provision prohibiting employers from limiting the freedom of workers to dispose of their wages. In its reply, the Government made renewed reference to section 234 of the Labour Code concerning the conditions for the establishment and operation of works stores as affording the level of protection required by this Article of the Convention. In this respect, the Committee wishes to refer to paragraphs 178, 189 and 210 of the 2003 General Survey on the protection of wages in which it took the view that nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention. The Committee again asks the Government to promptly take the necessary measures to ensure legislative conformity with the Convention on this point and to keep the Office informed of any positive developments in this respect.

Article 8(1). Deductions from wages. The Committee has been requesting the Government to clarify the meaning of section 231 of the Labour Code under which deductions may be made for deposits (consignations) prescribed by individual contracts of employment. In view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards, the above provision would need to be revised and therefore the Committee would suggest that the words “and the individual labour contract” (et les contrats) should be deleted while the expression “compulsory levies” (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee requests the Government to take the necessary steps at the first suitable opportunity in order to bring the national legislation into conformity with this Article of the Convention and to report on any progress made in this respect.

Article 10. Attachment of wages. Further to its previous comments on the rules of common law concerning the attachable part of the remuneration under section 232 of the Labour Code, the Committee notes that the Government referred to section 1049 of the Code of Civil, Economic and Administrative Procedure of June 1998. The Committee would be grateful if the Government could transmit a copy of that text.

Article 16 of the Convention and Part V of the report form. Application in practice. The Committee notes that the Government has not supplied in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. The Committee requests therefore the Government to make every effort to obtain and communicate in its next report concrete information on the effect given to the Convention in practice, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties encountered in securing the observance of the standards embodied in the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its last report, the Government is maintaining its decision not to introduce the guaranteed interoccupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48-hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high, which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.

The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.

The Committee notes that, according to the information provided by the Government in its last report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see paragraphs 99–101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Article 6 of the Convention. Freedom of workers to dispose of their wages. The Committee has been commenting for several years on the absence of a general provision prohibiting employers from limiting the freedom of workers to dispose of their wages. In its reply, the Government made renewed reference to section 234 of the Labour Code concerning the conditions for the establishment and operation of works stores as affording the level of protection required by this Article of the Convention. In this respect, the Committee wishes to refer to paragraphs 178, 189 and 210 of the 2003 General Survey on the protection of wages in which it took the view that nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention. The Committee again asks the Government to promptly take the necessary measures to ensure legislative conformity with the Convention on this point and to inform the Committee of any positive developments in this respect.

Article 8(1). Deductions from wages. The Committee has been requesting the Government to clarify the meaning of section 231 of the Labour Code under which deductions may be made for deposits (consignations) prescribed by individual contracts of employment. In view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards, the above provision would need to be revised and therefore the Committee would suggest that the words “and the individual labour contract” (et les contrats) should be deleted while the expression “compulsory levies” (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee requests the Government to take the necessary steps at the first suitable opportunity in order to bring the national legislation into conformity with this Article of the Convention and to report on any progress made in this respect.

Article 10. Attachment of wages. Further to its previous comments on the rules of common law concerning the attachable part of the remuneration under section 232 of the Labour Code, the Committee notes that the Government referred to section 1049 of the Code of Civil, Economic and Administrative Procedure of June 1998. The Committee would be grateful if the Government could transmit a copy of that text.

Article 16 of the Convention and Part V of the report form. Application in practice. The Committee notes that the Government has not supplied in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. The Committee requests therefore the Government to make every effort to obtain and communicate in its next report concrete information on the effect given to the Convention in practice, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties encountered in securing the observance of the standards embodied in the Convention.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its last report, the Government is maintaining its decision not to introduce the guaranteed interoccupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48-hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high, which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.

The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.

The Committee notes that, according to the information provided by the Government in its last report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see paragraphs 99–101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Article 6 of the Convention. Freedom of workers to dispose of their wages. The Committee has been commenting for several years on the absence of a general provision prohibiting employers from limiting the freedom of workers to dispose of their wages. In its reply, the Government made renewed reference to section 234 of the Labour Code concerning the conditions for the establishment and operation of works stores as affording the level of protection required by this Article of the Convention. In this respect, the Committee wishes to refer to paragraphs 178, 189 and 210 of the 2003 General Survey on the protection of wages in which it took the view that nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention. The Committee again asks the Government to promptly take the necessary measures to ensure legislative conformity with the Convention on this point and to inform the Committee of any positive developments in this respect.

Article 8, paragraph 1. Deductions from wages. The Committee has been requesting the Government to clarify the meaning of section 231 of the Labour Code under which deductions may be made for deposits (consignations) prescribed by individual contracts of employment. In view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards, the above provision would need to be revised and therefore the Committee would suggest that the words “and the individual labour contract” (et les contrats) should be deleted while the expression “compulsory levies” (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee requests the Government to take the necessary steps at the first suitable opportunity in order to bring the national legislation into conformity with this Article of the Convention and to report on any progress made in this respect.

Article 10. Attachment of wages. Further to its previous comments on the rules of common law concerning the attachable part of the remuneration under section 232 of the Labour Code, the Committee notes that the Government referred to section 1049 of the Code of Civil, Economic and Administrative Procedure of June 1998. The Committee would be grateful if the Government could transmit a copy of that text.

Article 16 of the Convention and Part V of the report form. Application in practice. The Committee notes that the Government has not supplied in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. The Committee requests therefore the Government to make every effort to obtain and communicate in its next report concrete information on the effect given to the Convention in practice, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties encountered in securing the observance of the standards embodied in the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its last report, the Government is maintaining its decision not to introduce the guaranteed interoccupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48-hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high (in the order of 30 per cent in the second half of 2005), which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.

The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.

Collective agreements. The Committee notes that, according to the information provided by the Government in its last report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see
paragraphs 99–101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Minimum wage fixing machinery. The Committee notes with regret that the report on the application of the Convention has not been received and requests the Government to refer to the comments made under Convention No. 26.

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

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:

Article 6 of the Convention. The Committee has been commenting for several years on the absence of a general provision prohibiting employers from limiting the freedom of workers to dispose of their wages. In its reply, the Government made renewed reference to section 234 of the Labour Code concerning the conditions for the establishment and operation of works stores as affording the level of protection required by this Article of the Convention. In this respect, the Committee wishes to refer to paragraphs 178, 189 and 210 of the 2003 General Survey on the protection of wages in which it took the view that nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention. The Committee again asks the Government to promptly take the necessary measures to ensure legislative conformity with the Convention on this point and to inform the Committee of any positive developments in this respect.

Article 8(1). The Committee has been requesting the Government to clarify the meaning of section 231 of the Labour Code under which deductions may be made for deposits (consignations) prescribed by individual contracts of employment. In view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards, the above provision would need to be revised and therefore the Committee would suggest that the words “and the individual labour contract” (et les contrats) should be deleted while the expression “compulsory levies” (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee requests the Government to take the necessary steps at the first suitable opportunity in order to bring the national legislation into conformity with this Article of the Convention and to report on any progress made in this respect.

Article 10. Further to its previous comments on the rules of common law concerning the attachable part of the remuneration under section 232 of the Labour Code, the Committee notes that the Government referred to section 1049 of the Code of Civil, Economic and Administrative Procedure of June 1998. The Committee would be grateful if the Government could transmit a copy of that text.

Article 16 of the Convention and Part V of the report form. The Committee notes that the Government has not supplied in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. The Committee requests therefore the Government to make every effort to obtain and communicate in its next report concrete information on the effect given to the Convention in practice, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties encountered in securing the observance of the standards embodied in the Convention.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its last report, the Government is maintaining its decision not to introduce the guaranteed interoccupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48-hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high (in the order of 30 per cent in the second half of 2005), which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.

The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.

Collective agreements. The Committee notes that, according to the information provided by the Government in its last report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see
paragraphs 99–101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government’s report has not been received. It therefore once more asks the Government to refer to the comments made under Convention No. 26, and hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Article 6 of the Convention. The Committee has been commenting for several years on the absence of a general provision prohibiting employers from limiting the freedom of workers to dispose of their wages. In its reply, the Government made renewed reference to section 234 of the Labour Code concerning the conditions for the establishment and operation of works stores as affording the level of protection required by this Article of the Convention. In this respect, the Committee wishes to refer to paragraphs 178, 189 and 210 of the 2003 General Survey on the protection of wages in which it took the view that nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention. The Committee again asks the Government to promptly take the necessary measures to ensure legislative conformity with the Convention on this point and to inform the Committee of any positive developments in this respect.

Article 8, paragraph 1. The Committee has been requesting the Government to clarify the meaning of section 231 of the Labour Code under which deductions may be made for deposits (consignations) prescribed by individual contracts of employment. In view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards, the above provision would need to be revised and therefore the Committee would suggest that the words “and the individual labour contract” (et les contrats) should be deleted while the expression “compulsory levies” (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee requests the Government to take the necessary steps at the first suitable opportunity in order to bring the national legislation into conformity with this Article of the Convention and to report on any progress made in this respect.

Article 10. Further to its previous comments on the rules of common law concerning the attachable part of the remuneration under section 232 of the Labour Code, the Committee notes that the Government referred to section 1049 of the Code of Civil, Economic and Administrative Procedure of June 1998. The Committee would be grateful if the Government could transmit a copy of that text.

Article 16 of the Convention and Part V of the report form. The Committee notes that the Government has not supplied in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. The Committee requests therefore the Government to make every effort to obtain and communicate in its next report concrete information on the effect given to the Convention in practice, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties encountered in securing the observance of the standards embodied in the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its last report, the Government is maintaining its decision not to introduce the guaranteed interoccupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48-hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high (in the order of 30 per cent in the second half of 2005), which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.

The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.

Collective agreements. The Committee notes that, according to the information provided by the Government in its last report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see paragraphs 99–101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received and therefore once more refers the Government to the comments made under Convention No. 26.

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:

Article 6 of the Convention. The Committee has been commenting for several years on the absence of a general provision prohibiting employers from limiting the freedom of workers to dispose of their wages. In its reply, the Government makes renewed reference to section 234 of the Labour Code concerning the conditions for the establishment and operation of works stores as affording the level of protection required by this Article of the Convention. In this respect, the Committee wishes to refer to paragraphs 178, 189 and 210 of the 2003 General Survey on the protection of wages in which it took the view that nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention. The Committee again asks the Government to promptly take the necessary measures to ensure legislative conformity with the Convention on this point and to inform the Committee of any positive developments in this respect.

Article 8, paragraph 1. The Committee has been requesting the Government to clarify the meaning of section 231 of the Labour Code under which deductions may be made for deposits (consignations) prescribed by individual contracts of employment. In view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards, the above provision would need to be revised and therefore the Committee would suggest that the words “and the individual labour contract” (et les contrats) should be deleted while the expression “compulsory levies” (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee requests the Government to take the necessary steps at the first suitable opportunity in order to bring the national legislation into conformity with this Article of the Convention and to report on any progress made in this respect.

Article 10. Further to its previous comments on the rules of common law concerning the attachable part of the remuneration under section 232 of the Labour Code, the Committee notes that the Government refers to section 1049 of the Code of Civil, Economic and Administrative Procedure of June 1998. The Committee would be grateful if the Government could transmit a copy of that text.

Article 16 of the Convention and Part V of the report form. The Committee notes that the Government has not supplied in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. The Committee requests therefore the Government to make every effort to obtain and communicate in its next report concrete information on the effect given to the Convention in practice, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties encountered in securing the observance of the standards embodied in the Convention.

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

The Committee notes that the Government’s report has not been received and therefore once more refers the Government to the comments made under Convention No. 26.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its report, the Government is maintaining its decision not to introduce the guaranteed inter-occupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government in its report, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48‑hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high (in the order of 30 per cent in the second half of 2005), which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.

The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.

Collective agreements. The Committee notes that, according to the information provided by the Government in its report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see paragraphs 99 to 101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.

[The Government is asked to reply in detail to the present comments in 2007.]

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s reports and the partial information provided in reply to its previous comments.

Article 6 of the Convention. The Committee has been commenting for several years on the absence of a general provision prohibiting employers from limiting the freedom of workers to dispose of their wages. In its reply, the Government makes renewed reference to section 234 of the Labour Code concerning the conditions for the establishment and operation of works stores as affording the level of protection required by this Article of the Convention. In this respect, the Committee wishes to refer to paragraphs 178, 189 and 210 of the 2003 General Survey on the protection of wages in which it took the view that nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention. The Committee again asks the Government to promptly take the necessary measures to ensure legislative conformity with the Convention on this point and to inform the Committee of any positive developments in this respect.

Article 8, paragraph 1. The Committee has been requesting the Government to clarify the meaning of section 231 of the Labour Code under which deductions may be made for deposits (consignations) prescribed by individual contracts of employment. In view of the fact that the Convention permits deductions from wages only under the conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitral awards, the above provision would need to be revised and therefore the Committee would suggest that the words "and the individual labour contract" (et les contrats) should be deleted while the expression "compulsory levies" (prélèvements obligatoires) should be defined by reference to specific provisions of the Labour Code authorizing such levies. The Committee requests the Government to take the necessary steps at the first suitable opportunity in order to bring the national legislation into conformity with this Article of the Convention and to report on any progress made in this respect.

Article 10. Further to its previous comments on the rules of common law concerning the attachable part of the remuneration under section 232 of the Labour Code, the Committee notes that the Government refers to section 1049 of the Code of Civil, Economic and Administrative Procedure of June 1998. The Committee would be grateful if the Government could transmit a copy of that text.

Article 16 of the Convention and Part V of the report form. The Committee notes that the Government has not supplied in recent years any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. The Committee requests therefore the Government to make every effort to obtain and communicate in its next report concrete information on the effect given to the Convention in practice, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in regard to the matters dealt with in the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties encountered in securing the observance of the standards embodied in the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report. It regrets that despite its repeated comments made in the past ten years, the Government has not as yet been in a position to issue the decree fixing the minimum hourly wage rate as referred to in section 211 of the Labour Code. The Committee has been requesting for some time past additional information particularly as regards the full consultation and equal participation of employers’ and workers’ organizations in the operation of the minimum wage fixing machinery provided for in the Labour Code. In its reply, the Government merely states that there is no guaranteed interoccupational minimum wage (SMIG) and that the statutory instrument in the implementation of section 211 of the Labour Code is still under examination. The Committee notes therefore with concern that the provisions of the Convention are no longer given effect in practice as the Government fails to determine minimum wage rates for the workers employed in those trades in which no arrangements exist for the effective regulation of wages by collective agreement and wages are exceptionally low. It urges once again the Government to take the necessary action to fulfil its obligations arising out of the ratification of this Convention and to communicate information on the measures taken to this end. Finally, the Committee reminds the Government that it may have recourse to the technical assistance of the Office on these matters.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail in 2005.]

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

The Committee notes the Government’s report. It regrets that despite its repeated comments made in the past ten years, the Government has not as yet been in a position to issue the decree fixing the minimum hourly wage rate as referred to in section 211 of the Labour Code. The Committee has been requesting for some time past additional information particularly as regards the full consultation and equal participation of employers’ and workers’ organizations in the operation of the minimum wage fixing machinery provided for in the Labour Code. In its reply, the Government merely states that there is no guaranteed interoccupational minimum wage (SMIG) and that the statutory instrument in the implementation of section 211 of the Labour Code is still under examination. The Committee notes therefore with concern that the provisions of the Convention are no longer given effect in practice as the Government fails to determine minimum wage rates for the workers employed in those trades in which no arrangements exist for the effective regulation of wages by collective agreement and wages are exceptionally low. It urges once again the Government to take the necessary action to fulfil its obligations arising out of the ratification of this Convention and to communicate information on the measures taken to this end. Finally, the Committee reminds the Government that it may have recourse to the technical assistance of the Office on these matters.

[The Government is asked to report in detail in 2004.]

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

See under Convention No. 26.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

Article 6 of the Convention. Further to its previous direct request the Committee notes the information supplied by the Government. It recalls however that the law contains no provision prohibiting employers from limiting the freedom of workers to dispose of their wages. The Committee hopes that the Government will be able to take the necessary measures in due course to bring the legislation into full conformity with the Convention on this point, and asks it to mention in its future reports any problems concerning the application of this Article.

Articles 8 and 9. The Committee notes the information supplied by the Government to the effect that, with regard to section 231 of the Labour Code, the statutory provisions referred to are the same as measures taken within the framework of a collective agreement or a contract. It notes that there is no effective ban on deductions from wages agreed upon by employers and workers with a view to ensuring, for example, payment for the purpose of obtaining or retaining employment, which is inconsistent with Article 9. The Committee asks the Government to indicate the measures taken or envisaged to give effect to these Articles of the Convention.

Article 10. The Committee notes the reference to the Civil Code concerning the part of the wage that may be attached. It asks the Government to indicate the provisions of the Civil Code in question and to provide their copy.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

In its previous observation, the Committee noted the comments of the General Union of Workers of Guinea (UGTG) to the effect that, in its view, the wage scales for public sector employees were not sufficient to cover the living costs of a worker’s family of five members and that the new Labour Code of 1988 was applied without any subsequent text having been issued. The Committee also noted that, under the terms of section 211 of the Labour Code, the minimum hourly wage rate is fixed by decree. It also noted the Government’s indication that it intends to promote free wage bargaining in enterprises and to take account of the results of such bargaining in fixing a guaranteed inter-occupational minimum wage. The Committee therefore asked the Government to provide detailed information on the application of the minimum wage fixing machinery provided for in the new Code, particularly as regards consultation and participation of employers’ and workers’ organizations in equal numbers and on equal terms (Article 3, paragraph 2, of the Convention). It also asked the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

The Government, in reply to these comments, notes that, contrary to the claims of the UGTG, the public sector is still covered by the Public Service Regulations and as such is in a different category from the private and mixed sectors, which are governed by the Labour Code. The wage scales are applied to public servants, but not to the occupational branches in the private sector, where completely free wage bargaining between employers and employees prevails. In the interests of promoting free wage bargaining in enterprises, the Government has proceeded to set up machinery for the various sectors. Collective agreements and accords have thus been concluded (public works, buildings, agricultural engineering and the like; mining, quarries and chemical industries; banking and insurance) or are under discussion (hotels and similar establishments). With regard to the public servants and contract staff employed by the Government, salaries are based on a single grade-related scale in which the value of each salary step is fixed by decree following negotiations between the Government and public service unions.

The Committee notes this information. It asks the Government once again to provide detailed information on the application of the minimum wage fixing machinery provided for in the Labour Code, particularly as regards consultation and participation of employers’ and workers’ organizations in equal numbers and on equal terms (Article 3, paragraph 2, of the Convention). It also asks the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

See under Convention No. 26.

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

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:

        Article 6 of the Convention. Further to its previous direct request the Committee notes the information supplied by the Government. It recalls however that the law contains no provision prohibiting employers from limiting the freedom of workers to dispose of their wages. The Committee hopes that the Government will be able to take the necessary measures in due course to bring the legislation into full conformity with the Convention on this point, and asks it to mention in its future reports any problems concerning the application of this Article.

        Articles 8 and 9. The Committee notes the information supplied by the Government to the effect that, with regard to section 231 of the Labour Code, the statutory provisions referred to are the same as measures taken within the framework of a collective agreement or a contract. It notes that there is no effective ban on deductions from wages agreed upon by employers and workers with a view to ensuring, for example, payment for the purpose of obtaining or retaining employment, which is inconsistent with Article 9. The Committee asks the Government to indicate the measures taken or envisaged to give effect to these Articles of the Convention.

        Article 10. The Committee notes the reference to the Civil Code concerning the part of the wage that may be attached. It asks the Government to indicate the provisions of the Civil Code in question and to provide their copy.

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

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 reads as follows:

Article 6 of the Convention.  Further to its previous direct request the Committee notes the information supplied by the Government. It recalls however that the law contains no provision prohibiting employers from limiting the freedom of workers to dispose of their wages. The Committee hopes that the Government will be able to take the necessary measures in due course to bring the legislation into full conformity with the Convention on this point, and asks it to mention in its future reports any problems concerning the application of this Article.

Articles 8 and 9.  The Committee notes the information supplied by the Government to the effect that, with regard to section 231 of the Labour Code, the statutory provisions referred to are the same as measures taken within the framework of a collective agreement or a contract. It notes that there is no effective ban on deductions from wages agreed upon by employers and workers with a view to ensuring, for example, payment for the purpose of obtaining or retaining employment, which is inconsistent with Article 9. The Committee asks the Government to indicate the measures taken or envisaged to give effect to these Articles of the Convention.

Article 10.  The Committee notes the reference to the Civil Code concerning the part of the wage that may be attached. It asks the Government to indicate the provisions of the Civil Code in question and to provide their copy.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report in reply to its previous comments.

In its previous observation, the Committee noted the comments of the General Union of Workers of Guinea (UGTG) to the effect that, in its view, the wage scales for public sector employees were not sufficient to cover the living costs of a worker's family of five members and that the new Labour Code of 1988 was applied without any subsequent text having been issued. The Committee also noted that, under the terms of section 211 of the Labour Code, the minimum hourly wage rate is fixed by decree. It also noted the Government's indication that it intends to promote free wage bargaining in enterprises and to take account of the results of such bargaining in fixing a guaranteed inter-occupational minimum wage. The Committee therefore asked the Government to provide detailed information on the application of the minimum wage-fixing machinery provided for in the new Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2 of the Convention). It also asked the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

The Government, in reply to these comments, notes that, contrary to the claims of the UGTG, the public sector is still covered by the Public Service Regulations and as such is in a different category from the private and mixed sectors, which are governed by the Labour Code. The wage scales are applied to public servants, but not to the occupational branches in the private sector, where completely free wage bargaining between employers and employees prevails. In the interests of promoting free wage bargaining in enterprises, the Government has proceeded to set up machinery for the various sectors. Collective agreements and accords have thus been concluded (public works, buildings, agricultural engineering and the like; mining, quarries and chemical industries; banking and insurance) or are under discussion (hotels and similar establishments). With regard to the public servants and contract staff employed by the Government, salaries are based on a single grade-related scale in which the value of each salary step is fixed by decree following negotiations between the Government and public service unions.

The Committee notes this information. It asks the Government once again to provide detailed information on the application of the minimum wage-fixing machinery provided for in the Labour Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2, of the Convention). It also asks the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

See under Convention No. 26, as follows:

The Committee notes the information provided in the Government's report in reply to its previous comments.

In its previous observation, the Committee noted the comments of the General Union of Workers of Guinea (UGTG) to the effect that, in its view, the wage scales for public sector employees were not sufficient to cover the living costs of a worker's family of five members and that the new Labour Code of 1988 was applied without any subsequent text having been issued. The Committee also noted that, under the terms of section 211 of the Labour Code, the minimum hourly wage rate is fixed by decree. It also noted the Government's indication that it intends to promote free wage bargaining in enterprises and to take account of the results of such bargaining in fixing a guaranteed inter-occupational minimum wage. The Committee therefore asked the Government to provide detailed information on the application of the minimum wage-fixing machinery provided for in the new Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2 of the Convention). It also asked the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

The Government, in reply to these comments, notes that, contrary to the claims of the UGTG, the public sector is still covered by the Public Service Regulations and as such is in a different category from the private and mixed sectors, which are governed by the Labour Code. The wage scales are applied to public servants, but not to the occupational branches in the private sector, where completely free wage bargaining between employers and employees prevails. In the interests of promoting free wage bargaining in enterprises, the Government has proceeded to set up machinery for the various sectors. Collective agreements and accords have thus been concluded (public works, buildings, agricultural engineering and the like; mining, quarries and chemical industries; banking and insurance) or are under discussion (hotels and similar establishments). With regard to the public servants and contract staff employed by the Government, salaries are based on a single grade-related scale in which the value of each salary step is fixed by decree following negotiations between the Government and public service unions.

The Committee notes this information. It asks the Government once again to provide detailed information on the application of the minimum wage-fixing machinery provided for in the Labour Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2, of the Convention). It also asks the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 6 of the Convention. Further to its previous direct request the Committee notes the information supplied by the Government. It recalls however that the law contains no provision prohibiting employers from limiting the freedom of workers to dispose of their wages. The Committee hopes that the Government will be able to take the necessary measures in due course to bring the legislation into full conformity with the Convention on this point, and asks it to mention in its future reports any problems concerning the application of this Article.

Articles 8 and 9. The Committee notes the information supplied by the Government to the effect that, with regard to section 231 of the Labour Code, the statutory provisions referred to are the same as measures taken within the framework of a collective agreement or a contract. It notes that there is no effective ban on deductions from wages agreed upon by employers and workers with a view to ensuring, for example, payment for the purpose of obtaining or retaining employment, which is inconsistent with Article 9. The Committee asks the Government to indicate the measures taken or envisaged to give effect to these Articles of the Convention.

Article 10. The Committee notes the reference to the Civil Code concerning the part of the wage that may be attached. It asks the Government to indicate the provisions of the Civil Code in question and to provide their copy.

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

The Committee notes the information supplied by the Government and the comments on the application of this Convention communicated by the General Union of Workers of Guinea (UGTG), a copy of which was sent to the Government in November 1992 for its comments.

The UGTG indicates that, in its view, the wage scales for public sector employees are not sufficient to cover the living costs of a worker's family of five members and that the new Labour Code of 1988 is applied without any subsequent texts having been issued. The Committee notes that the Government has not sent its comments on the above-mentioned observations of the UGTG.

The Committee notes that under section 211 of the Labour Code the minimum hourly wage rate is fixed by decree. It also notes the Government's indication in its report that it intends to promote free wage bargaining in enterprises and to take account of the results in fixing a guaranteed inter-occupational minimum wage. The Committee asks the Government to provide detailed information on the application of the minimum wage-fixing machinery provided for in the new Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2(1) and (2), of the Convention). It asks the Government also to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

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

See under Convention No. 26, as follows:

The Committee notes the information supplied by the Government and the comments on the application of this Convention communicated by the General Union of Workers of Guinea (UGTG), a copy of which was sent to the Government in November 1992 for its comments.

The UGTG indicates that, in its view, the wage scales for public sector employees are not sufficient to cover the living costs of a worker's family of five members and that the new Labour Code of 1988 is applied without any subsequent texts having been issued. The Committee notes that the Government has not sent its comments on the above-mentioned observations of the UGTG.

The Committee notes that under section 211 of the Labour Code the minimum hourly wage rate is fixed by decree. It also notes the Government's indication in its report that it intends to promote free wage bargaining in enterprises and to take account of the results in fixing a guaranteed inter-occupational minimum wage. The Committee asks the Government to provide detailed information on the application of the minimum wage-fixing machinery provided for in the new Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2(1) and (2), of the Convention). It asks the Government also to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest that the new Labour Code (Ordonnance no 003/PRG/SGG/88 du 28 janvier 1988) referred to in the Government's report gives effect to most of the provisions of the Convention. It would, however, be grateful if the Government would supply in its next report information on the following points:

Article 6 of the Convention. The Committee notes that the Code does not contain provisions directly prohibiting the employer from limiting the freedom of the workers to dispose of their wages apart from section 234(2)(a) concerning the works stores. Please supply information on the measures taken or envisaged to give effect to this provision of the Convention.

Articles 8 and 9. The Committee notes that under section 231(1) of the Code, deductions from wages may be made in respect of the reimbursement by virtue of the statutory provisions or in respect of the deposits prescribed by contracts. Please communicate information on such statutory provisions, if any, including their copy, as well as detailed information on such deposits.

Article 10. The Committee notes that under section 232 of the Code, the attachable part of remuneration is to be determined by the rules of "common law". Please supply information on the attachable part thus determined.

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

The Committee takes note of the information supplied by the Government in its 1986 report indicating that section 241-6 of the draft Labour Code provides for the fixing of a guaranteed minimum wage with hourly rates to be determined by Decree at least once a year. It also takes note of the information contained in the Government's last report indicating the decision to implement a wages policy, following a mission carried out by an ILO expert.

The Committee hopes that the Government will provide full particulars of the steps being taken for the adoption of the draft Labour Code and the minimum wages system, with particular reference to steps taken to ensure consultation of employers' and workers' organisations and their association, in equal numbers and on equal terms, in the operation of the minimum wage-fixing machinery.

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

See under Convention No. 26, as follows:

The Committee takes note of the information supplied by the Government in its 1986 report indicating that section 241-6 of the draft Labour Code provides for the fixing of a guaranteed minimum wage with hourly rates to be determined by Decree at least once a year. It also takes note of the information contained in the Government's last report indicating the decision to implement a wages policy, following a mission carried out by an ILO expert.

The Committee hopes that the Government will provide full particulars of the steps being taken for the adoption of the draft Labour Code and the minimum wages system, with particular reference to steps taken to ensure consultation of employers' and workers' organisations and their association, in equal numbers and on equal terms, in the operation of the minimum wage-fixing machinery.