Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and No. 95 (protection of wages) in a single comment.

The Committee notes the observations of the Workers’ Confederation of Comoros (CTTC), received on 26 July 2025.

Minimum wages

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. Further to its previous comments on the adoption of a legislative text fixing minimum wages, the Committee notes the Government’s indications in its report that the last session of the Labour and Employment Advisory Council (CCTE) was held in October 2019. The Government also indicates that a new session of the CCTE will be convened as soon as possible, during which the term of office of the committee members will be renewed by ministerial order, after consultation of the social partners. The Committee notes that the CTTC reiterates its observations of 2017 emphasizing that no progress has been made. It indicates that despite the demands of the social partners, no meeting has been convened since October 2019. Regarding collective agreements, the CTTC indicates that the only one that exists is an enterprise agreement in the dock work sector. While noting the Government’s indication that it undertakes to relaunch the work of the CCTE, the Committee notes with regret that no specific measures have been taken until now to give effect to section 106 of the Labour Code, which provides that a decree adopted in the Council of Ministers shall fix the guaranteed interoccupational minimum wage (SMIG) after an opinion from the CCTE. The Committee once again requests the Government to take the necessary steps to give effect to the provisions of section 106 of the Labour Code, pursuant to Article 3 of both Conventions, and to provide information in this respect. The Committee also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99.System of supervision and sanctions. In its previous comment, the Committee asked the Government to provide its comments on the CTTC’s indication that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee notes that the Government’s report does not contain any information on this matter. The Committee requests the Government to take the necessary steps, through a system of supervision and sanctions, to ensure that the employers and workers concerned are informed of the minimum wage rates in force and that wages are not paid at less than these rates in cases where they are applicable, as required by these Articles of the Conventions. The Committee also requests the Government to provide information on this matter.

Protection of wages

Article 2 of Convention No. 95. The Committee notes that section 1 of the Labour Code provides that persons appointed to permanent managerial posts in the public administration are not subject to the provisions of the Code. The Committee also notes that Act No. 04-006 of 10 November 2004 establishing the general public service regulations in the Union of the Comoros does not contain any provisions that apply the Convention. The Committee requests the Government to indicate the manner in which it is ensured that the Convention is applied to managerial staff occupying permanent posts in a public administration.

Article 6. Freedom of workers to dispose of their wages. The Committee notes that section 118 of the Labour Code provides that employers shall be prohibited, unless authorized by the labour inspector, from limiting in any manner the freedom of workers to dispose of their wages. The Committee recalls that Article 6 is aimed at protecting the full discretion of workers as to the use they wish to make of their wages against any kind of duress that an employer might exert in this regard (see the 2003 General Survey on protection of wages, para. 177). The Committee requests the Government to take the necessary measures to bring its legislation in conformity with Article 6 of the Convention, ensuring the respect of the inalienable right of workers to receive their wages directly and in full, and to dispose of them as they please. The Committee also requests the Government to indicate the types of situations which might give rise to authorization by the labour inspector to limit workers’ freedom to dispose of their wages.

Articles 8 and 10. Deductions from wages; attachment or assignment of wages. In its previous comments, the Committee asked the Government to take the necessary steps to fix the limit for deductions from wages, including those resulting from attachment or assignment, and to specify procedures and limits for deductions that can be authorized on the basis of individual employment contracts. The Committee notes that the Government’s report does not contain any information on this matter. The Committee once again requests the Government to take the necessary steps to give effect to the requirements of these Articles of the Convention, including through the adoption of the order provided for in sections 114 and 119 of the Labour Code. The Committee also requests the Government to provide information on this matter.

Article 12(1). Regular payment of wages. Application in practice. The Committee notes that the CTTC reiterates its observations concerning wage arrears for state officials and employees for the 1995–2009 period. The CTTC indicates that these State workers have not received their wages and that employers’ social contributions have not been paid. By way of example, for the aforementioned period, wage arrears for officials working on the islands of Ngazidja (Grande Comore) and Mohéli amount to 18 months’ wages, and for officials on the island of Anjouan arrears amount to 42 months’ wages. The Committee requests the Government to take the necessary measures to resolve the persistent issue of wages arrears in the public sector and to indicate the results of the application of these measures. Referring to its observations on the application of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to take the necessary steps to ensure that effective penalties are applied in cases of non-observance of the provisions relating to the timely payment of wages, and to provide information in this regard.

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

The Committee notes with deep concern that the Government’s reports have not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2025, then it may proceed with the examination of the application of the Conventions on the basis of the information at its disposal at its next session.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and No. 95 (wage protection) together. The Committee notes the observations of the Workers Confederation of Comoros (CTTC), on the implementation of Conventions Nos 26, 95 and 99, received in 2017.

Minimum wage

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. In its previous comments, the Committee requested the Government to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council (CCTE), in accordance with section 106 of the Labour Code. The Committee notes the Government’s indication in its report that in 2015, the CCTE examined seven regulatory texts including the decree fixing the inter-occupational guaranteed minimum wage (SMIG) for workers covered by the Labour Code. The Government adds that the tripartite members of the CCTE recommended that an expanded consultation framework should be established as soon as possible in order to examine the subject in greater depth through additional studies, taking into consideration the experience of other countries with regard to wage fixing as well as the country’s socioeconomic situation. The Committee notes that according to the CTTC, despite the discussions held by the CCTE in 2015, no text setting minimum wages was adopted. The Committee further notes that sections 90–92 of the Labour Code provide that collective agreements concluded by joint committees, composed of representatives of the most representative employers’ organizations and trade unions in the sector, may be extended and then determine the wages that must be applied for each occupational category. In this context, the Committee requests the Government to take the necessary measures to give effect to the provisions of section 106 of the Labour Code without delay and to provide information in this respect. It also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99. System of supervision and sanctions. The Committee notes that the CTTC indicates that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee requests the Government to provide its comments in this regard.

Protection of wages

Articles 8 and 10 of Convention No. 95. Deductions from wages, attachment or assignment of wages. Further to its previous comments, the Committee notes that the Government indicates in its report that it intends to submit a draft order to the CCTE to determine the parts of wages that are liable to progressive deductions, as well as the part that is exempt from any attachment or assignment. The Committee notes that such an order is provided for under sections 114 and 119 of the Labour Code, as amended in 2012. The Committee requests the Government to take the necessary measures to adopt the order without delay and to provide information in this respect.

Article 12(1). Regular payment of wages. Application in practice. Further to its previous comments on the need to resolve the situation of wage arrears, including in the public service, the Committee notes that the Government indicates that efforts have been made to address this problem but challenges remain. The Government affirms its willingness to end the non-payment of wages, in particular in the public sector. The Committee also notes that the CTTC underscores the lack of progress with regard to the settlement of wage arrears, including in the public sector for the period from 1995 to 2009. The Committee recalls that workers shall receive remuneration for the work done and that the fundamental nature of wages stems from their essential role in ensuring workers’ livelihood. The Committee requests the Government to intensify its efforts to resolve the question of wage arrears definitively, particularly in the public sector, and to provide information in this regard.

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

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and No. 95 (wage protection) together. The Committee notes the observations of the Workers Confederation of Comoros (CTTC), on the implementation of Conventions Nos 26, 95 and 99, received in 2017.

Minimum wage

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. In its previous comments, the Committee requested the Government to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council (CCTE), in accordance with section 106 of the Labour Code. The Committee notes the Government’s indication in its report that in 2015, the CCTE examined seven regulatory texts including the decree fixing the inter-occupational guaranteed minimum wage (SMIG) for workers covered by the Labour Code. The Government adds that the tripartite members of the CCTE recommended that an expanded consultation framework should be established as soon as possible in order to examine the subject in greater depth through additional studies, taking into consideration the experience of other countries with regard to wage fixing as well as the country’s socioeconomic situation. The Committee notes that according to the CTTC, despite the discussions held by the CCTE in 2015, no text setting minimum wages was adopted. The Committee further notes that sections 90–92 of the Labour Code provide that collective agreements concluded by joint committees, composed of representatives of the most representative employers’ organizations and trade unions in the sector, may be extended and then determine the wages that must be applied for each occupational category. In this context, the Committee requests the Government to take the necessary measures to give effect to the provisions of section 106 of the Labour Code without delay and to provide information in this respect. It also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99. System of supervision and sanctions. The Committee notes that the CTTC indicates that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee requests the Government to provide its comments in this regard.

Protection of wages

Articles 8 and 10 of Convention No. 95. Deductions from wages, attachment or assignment of wages. Further to its previous comments, the Committee notes that the Government indicates in its report that it intends to submit a draft order to the CCTE to determine the parts of wages that are liable to progressive deductions, as well as the part that is exempt from any attachment or assignment. The Committee notes that such an order is provided for under sections 114 and 119 of the Labour Code, as amended in 2012. The Committee requests the Government to take the necessary measures to adopt the order without delay and to provide information in this respect.

Article 12(1). Regular payment of wages. Application in practice. Further to its previous comments on the need to resolve the situation of wage arrears, including in the public service, the Committee notes that the Government indicates that efforts have been made to address this problem but challenges remain. The Government affirms its willingness to end the non-payment of wages, in particular in the public sector. The Committee also notes that the CTTC underscores the lack of progress with regard to the settlement of wage arrears, including in the public sector for the period from 1995 to 2009. The Committee recalls that workers shall receive remuneration for the work done and that the fundamental nature of wages stems from their essential role in ensuring workers’ livelihood. The Committee requests the Government to intensify its efforts to resolve the question of wage arrears definitively, particularly in the public sector, and to provide information in this regard.

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

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and No. 95 (wage protection) together. The Committee notes the observations of the Workers Confederation of Comoros (CTTC), on the implementation of Conventions Nos 26, 95 and 99, received in 2017.

Minimum wage

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. In its previous comments, the Committee requested the Government to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council (CCTE), in accordance with section 106 of the Labour Code. The Committee notes the Government’s indication in its report that in 2015, the CCTE examined seven regulatory texts including the decree fixing the inter-occupational guaranteed minimum wage (SMIG) for workers covered by the Labour Code. The Government adds that the tripartite members of the CCTE recommended that an expanded consultation framework should be established as soon as possible in order to examine the subject in greater depth through additional studies, taking into consideration the experience of other countries with regard to wage fixing as well as the country’s socioeconomic situation. The Committee notes that according to the CTTC, despite the discussions held by the CCTE in 2015, no text setting minimum wages was adopted. The Committee further notes that sections 90–92 of the Labour Code provide that collective agreements concluded by joint committees, composed of representatives of the most representative employers’ organizations and trade unions in the sector, may be extended and then determine the wages that must be applied for each occupational category. In this context, the Committee requests the Government to take the necessary measures to give effect to the provisions of section 106 of the Labour Code without delay and to provide information in this respect. It also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99. System of supervision and sanctions. The Committee notes that the CTTC indicates that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee requests the Government to provide its comments in this regard.

Protection of wages

Articles 8 and 10 of Convention No. 95.Deductions from wages, attachment or assignment of wages. Further to its previous comments, the Committee notes that the Government indicates in its report that it intends to submit a draft order to the CCTE to determine the parts of wages that are liable to progressive deductions, as well as the part that is exempt from any attachment or assignment. The Committee notes that such an order is provided for under sections 114 and 119 of the Labour Code, as amended in 2012. The Committee requests the Government to take the necessary measures to adopt the order without delay and to provide information in this respect.

Article 12(1). Regular payment of wages. Application in practice. Further to its previous comments on the need to resolve the situation of wage arrears, including in the public service, the Committee notes that the Government indicates that efforts have been made to address this problem but challenges remain. The Government affirms its willingness to end the non-payment of wages, in particular in the public sector. The Committee also notes that the CTTC underscores the lack of progress with regard to the settlement of wage arrears, including in the public sector for the period from 1995 to 2009. The Committee recalls that workers shall receive remuneration for the work done and that the fundamental nature of wages stems from their essential role in ensuring workers’ livelihood. The Committee requests the Government to intensify its efforts to resolve the question of wage arrears definitively, particularly in the public sector, and to provide information in this regard.

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

Observation (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 wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and No. 95 (wage protection) together. The Committee notes the observations of the Workers Confederation of Comoros (CTTC), on the implementation of Conventions Nos 26, 95 and 99, received in 2017.

Minimum wage

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery and the methods to be followed in its operation. In its previous comments, the Committee requested the Government to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council (CCTE), in accordance with section 106 of the Labour Code. The Committee notes the Government’s indication in its report that in 2015, the CCTE examined seven regulatory texts including the decree fixing the inter-occupational guaranteed minimum wage (SMIG) for workers covered by the Labour Code. The Government adds that the tripartite members of the CCTE recommended that an expanded consultation framework should be established as soon as possible in order to examine the subject in greater depth through additional studies, taking into consideration the experience of other countries with regard to wage fixing as well as the country’s socioeconomic situation. The Committee notes that according to the CTTC, despite the discussions held by the CCTE in 2015, no text setting minimum wages was adopted. The Committee further notes that sections 90–92 of the Labour Code provide that collective agreements concluded by joint committees, composed of representatives of the most representative employers’ organizations and trade unions in the sector, may be extended and then determine the wages that must be applied for each occupational category. In this context, the Committee requests the Government to take the necessary measures to give effect to the provisions of section 106 of the Labour Code without delay and to provide information in this respect. It also requests the Government to provide information on the collective agreements in force fixing wage rates for specific categories of workers and their possible extension pursuant to sections 90 and 92 of the Labour Code.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99. System of supervision and sanctions. The Committee notes that the CTTC indicates that the agricultural sector, like other sectors of the informal economy, is beyond the control of the State with regard to wages. The Committee requests the Government to provide its comments in this regard.

Protection of wages

Articles 8 and 10 of Convention No. 95. Deductions from wages, attachment or assignment of wages. Further to its previous comments, the Committee notes that the Government indicates in its report that it intends to submit a draft order to the CCTE to determine the parts of wages that are liable to progressive deductions, as well as the part that is exempt from any attachment or assignment. The Committee notes that such an order is provided for under sections 114 and 119 of the Labour Code, as amended in 2012. The Committee requests the Government to take the necessary measures to adopt the order without delay and to provide information in this respect.

Article 12(1). Regular payment of wages. Application in practice. Further to its previous comments on the need to resolve the situation of wage arrears, including in the public service, the Committee notes that the Government indicates that efforts have been made to address this problem but challenges remain. The Government affirms its willingness to end the non-payment of wages, in particular in the public sector. The Committee also notes that the CTTC underscores the lack of progress with regard to the settlement of wage arrears, including in the public sector for the period from 1995 to 2009. The Committee recalls that workers shall receive remuneration for the work done and that the fundamental nature of wages stems from their essential role in ensuring workers’ livelihood. The Committee requests the Government to intensify its efforts to resolve the question of wage arrears definitively, particularly in the public sector, and to provide information in this regard.

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

The Committee notes the observations of the Workers Confederation of Comoros (CTC), received on 19 August 2016. With reference to the application of Convention No. 26, the CTC indicates that the discussions held in the Labour and Employment Advisory Council concerning the minimum wage failed to result in a decision. With regard to the application of Convention No. 95, the CTC notes with regret the failure to resolve the situation of wage arrears, including in the public service, and emphasizes the grave impact of this situation. The Committee notes that the Government’s reports have not been received. The Committee requests the Government to provide its comments regarding the observations of the CTC and, in particular, to provide information on any decree or order adopted with respect to the minimum wage after obtaining the opinion of the Labour and Employment Advisory Council, in accordance with section 106 of the Labour Code of 2012. The Committee 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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Repetition

Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee notes that section 106(1) of the new Labour Code provides that the minimum wage shall be fixed by a Decree adopted by the Council of Ministers. Section 106(2) provides that the minimum wages by occupational category, seniority and attendance bonuses, and overtime rates shall be determined by orders issued after obtaining the opinion of the Labour and Employment Advisory Council. The Committee requests the Government to supply copies of any relevant decrees or orders once they have been adopted.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee notes that section 106(1) of the new Labour Code provides that the minimum wage shall be fixed by a Decree adopted by the Council of Ministers. Section 106(2) provides that the minimum wages by occupational category, seniority and attendance bonuses, and overtime rates shall be determined by orders issued after obtaining the opinion of the Labour and Employment Advisory Council. The Committee requests the Government to supply copies of any relevant decrees or orders once they have been adopted.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1(1) of the Convention. Minimum wage fixing machinery. Further to its previous observation, the Committee notes the Government’s explanations that confirm that no progress has been made either with respect to the promulgation of the Decree fixing the guaranteed interoccupational minimum wage (SMIG) at 35,000 Comoros francs (approximately US$110) per month or as regards the reactivation of the Higher Council of Labour and Employment (CSTE). The Government indicates that the draft Decree establishing the SMIG rate for the entire private sector, including agriculture, has not yet received the final approval of the President and that the Ministry of Labour is currently taking steps to successfully complete this process. The Government also indicates that tripartite consultations within the CSTE are expected to resume after the adoption of the revised Labour Code which, in turn, is scheduled to be discussed at the next ordinary session of the National Assembly. Regrettably, the Committee is once again obliged to observe that the Convention is presently not applied in either law or practice. The Committee urges the Government to take the necessary action without further delay with a view to: (i) establishing and implementing the guaranteed interoccupational minimum wage rate; and (ii) initiating tripartite consultations within the CSTE on its periodic review and adjustment. It also asks the Government to transmit a copy of the revised Labour Code as soon as it is adopted.

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

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

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

Article 1(1) of the Convention. Minimum wage fixing machinery. Further to its previous observation, the Committee notes the Government’s explanations that confirm that no progress has been made either with respect to the promulgation of the decree fixing the guaranteed inter-occupational minimum wage (SMIG) at 35,000 KMF (approximately US$110) per month or as regards the reactivation of the Higher Council of Labour and Employment (CSTE). The Government indicates that the draft decree establishing the SMIG rate for the entire private sector, including agriculture, has not yet received the final approval of the President and that the Ministry of Labour is currently taking steps to successfully complete this process. The Government also indicates that tripartite consultations within the CSTE are expected to resume after the adoption of the revised Labour Code which, in turn, is scheduled to be discussed at the next ordinary session of the National Assembly. Regrettably, the Committee is once again obliged to observe that the Convention is presently not applied in either law or practice. The Committee urges the Government to take the necessary action without further delay with a view to: (i) establishing and implementing the guaranteed inter-occupational minimum wage rate; and (ii) initiating tripartite consultations within the CSTE on its periodic review and adjustment. It also asks the Government to transmit a copy of the revised Labour Code as soon as it is adopted.

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

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

Articles 8, 10 and 11(3) of the Convention. Deductions from wages, assignment and attachment of wages and protection of claims in respect of earnings in the event of bankruptcy. For many years, the Committee has been drawing the Government’s attention to the need to adopt the Ordinances provided for under sections 108 and 113 of the Labour Code, with a view to fixing the portions of wages subject to progressive deduction and the fraction of wages which may not be attached and which has certain priority as a privileged debt in the event of the employer’s bankruptcy. In its report, the Government states that a draft ordinance will be submitted in the near future to the Higher Council for Labour and Employment (CSTE). Recalling the need to provide for appropriate regulations to ensure that workers’ incomes should not be reduced to an extent that exceeds what is socially acceptable, the Committee urges the Government to rapidly take the necessary measures to give full effect to Articles 8, 10 and 11(3) of the Convention and to keep the Office informed of progress made in this respect.

Article 14(b). Issuing of payslips. The Committee notes that, according to the Government, the draft ordinance establishing the composition of the payslip will be submitted to the CSTE at its next session. The Committee trusts that the Government will be able in the very near future to provide specific information on the finalization of this text and asks it to provide a copy as soon as it has been adopted. Furthermore, the Committee requests the Government to keep the Office informed of any progress made concerning the adoption of the draft Act revising the Labour Code, upon which the Office has already made technical comments and which should soon be submitted to the National Assembly.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the application of the Convention by submitting, for example, extracts from official reports of the labour inspection services containing information on the number and nature of infringements reported, copies of official surveys related to wage protection, information on difficulties encountered in implementing the Convention, or any other information that might allow the Committee to assess the way in which the Convention is applied in practice.

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

Article 3 of the Convention. Minimum wage fixing. Further to its previous observation in which it noted with regret that no progress had been made over the past nine years with respect to the readjustment of the guaranteed interoccupational minimum wage (SMIG), the Committee notes the observations of the Confederation of Workers of Comoros (CTC), dated 31 August 2011, concerning the application of the Convention. The CTC regrets that the compromise monthly minimum wage of 35,000 Comoro francs (KMF) (approximately €70) has still not been made official and that the Higher Council of Labour and Employment (CSTE) has not been reconvened since 2002. The CTC is of the view that the authorities are deliberately blocking the establishment of the SMIG under the pressure of certain employers. In its reply, the Government indicates that the question of a real assessment of the minimum wage will be examined shortly by the CSTE and that following a number of different studies a minimum rate of approximately €70 has been retained and will be proposed for adoption. The Committee requests the Government to keep the Office informed of any measures taken or envisaged for the determination of the SMIG and the reactivation of the CSTE.

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

Article 12 of the Convention. Regular payment of wages. In its previous observation, the Committee noted that despite its repeated commitments to put an end to the persistent problem of the deferred payment of wages, especially in the public sector, the Government, hindered by economic and political constraints, had not come forward with any specific measure to pay off the wage debt. In its last report, the Government states that it paid six months of wages in April 2010 and three months of wages in May 2011 to officials affected by the deferred payment of their wages. In this connection, the Committee understands that the Government received financial assistance from international institutions and donor countries in 2010, designed to help it settle its wage arrears. Furthermore, the Committee understands that the amount of time that officials were not paid wages during the 1995–2010 period is estimated to be between 35 and 45 months. Referring to its previous observation and to paragraph 367 of its 2003 General Survey on the protection of wages, the Committee recalls that a situation in which part of the workforce is systematically denied the fruits of its labour cannot be prolonged and that priority action is needed to put an end to such practices. The Committee trusts that the Government will, in the immediate future, formulate a schedule for the prompt and final settlement of all wage arrears. It requests the Government once again to provide detailed information on the extent of the problem, particularly on the overall amount of outstanding wage arrears, the approximate number of workers concerned and the average length of delay in the payment of wages. Finally, the Committee requests the Government to indicate the measures taken or envisaged concerning the use of the foreign assistance it was granted to settle the wage debt.

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

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

Article 1(1) of the Convention. Minimum wage fixing machinery. Further to its previous observation, the Committee notes the Government’s explanations that confirm that no progress has been made either with respect to the promulgation of the decree fixing the guaranteed inter-occupational minimum wage (SMIG) at 35,000 KMF (approximately US$110) per month or as regards the reactivation of the Higher Council of Labour and Employment (CSTE). The Government indicates that the draft decree establishing the SMIG rate for the entire private sector, including agriculture, has not yet received the final approval of the President and that the Ministry of Labour is currently taking steps to successfully complete this process. The Government also indicates that tripartite consultations within the CSTE are expected to resume after the adoption of the revised Labour Code which, in turn, is scheduled to be discussed at the next ordinary session of the National Assembly. Regrettably, the Committee is once again obliged to observe that the Convention is presently not applied in either law or practice. The Committee urges the Government to take the necessary action without further delay with a view to: (i) establishing and implementing the guaranteed inter-occupational minimum wage rate; and (ii) initiating tripartite consultations within the CSTE on its periodic review and adjustment. It also asks the Government to transmit a copy of the revised Labour Code as soon as it is adopted.

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

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:

Article 1(1) of the Convention. Minimum wage fixing machinery. Further to its previous observation, the Committee notes the Government’s explanations that confirm that no progress has been made either with respect to the promulgation of the decree fixing the guaranteed inter-occupational minimum wage (SMIG) at 35,000 KMF (approximately US$110) per month or as regards the reactivation of the Higher Council of Labour and Employment (CSTE). The Government indicates that the draft decree establishing the SMIG rate for the entire private sector, including agriculture, has not yet received the final approval of the President and that the Ministry of Labour is currently taking steps to successfully complete this process. The Government also indicates that tripartite consultations within the CSTE are expected to resume after the adoption of the revised Labour Code which, in turn, is scheduled to be discussed at the next ordinary session of the National Assembly. Regrettably, the Committee is once again obliged to observe that the Convention is presently not applied in either law or practice. The Committee urges the Government to take the necessary action without further delay with a view to: (i) establishing and implementing the guaranteed inter-occupational minimum wage rate; and (ii) initiating tripartite consultations within the CSTE on its periodic review and adjustment. It also asks the Government to transmit a copy of the revised Labour Code as soon as it is adopted.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Conventions Nos 26 and 99 are among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

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

Article 3 of the Convention. Minimum wage fixing. The Committee notes with regret that no progress has been achieved for the past nine years in relation to the readjustment of the guaranteed interoccupational minimum wage (SMIG). The Government once again refers in its report to the meeting of the Higher Council of Labour and Employment (CSTE), held in 2001, which resulted in a compromise to establish the rate of the SMIG at 35,000 KMF (approximately US$90) a month. While noting that the SMIG has been made official in the public sector, the Committee notes with regret that the draft Decree issuing the rate of the SMIG for the private sector, agreed upon in 2001, has not yet been made official. The Committee is bound to observe that, in the current circumstances, the Convention is not given effect in either law or practice. It therefore urges the Government to take all the necessary measures without delay to determine and implement the rate of the SMIG, in full consultation with the CSTE, so as to ensure that the minimum wage responds adequately to the current needs of workers and their families.

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

Article 1, paragraph 1, of the Convention. Minimum wage fixing machinery. Further to its previous observation, the Committee notes the Government’s explanations that confirm that no progress has been made either with respect to the promulgation of the decree fixing the guaranteed inter-occupational minimum wage (SMIG) at 35,000 KMF (approximately US$110) per month or as regards the reactivation of the Higher Council of Labour and Employment (CSTE). The Government indicates that the draft decree establishing the SMIG rate for the entire private sector, including agriculture, has not yet received the final approval of the President and that the Ministry of Labour is currently taking steps to successfully complete this process. The Government also indicates that tripartite consultations within the CSTE are expected to resume after the adoption of the revised Labour Code which, in turn, is scheduled to be discussed at the next ordinary session of the National Assembly. Regrettably, the Committee is once again obliged to observe that the Convention is presently not applied in either law or practice. The Committee urges the Government to take the necessary action without further delay with a view to: (i) establishing and implementing the guaranteed inter-occupational minimum wage rate; and (ii) initiating tripartite consultations within the CSTE on its periodic review and adjustment. It also asks the Government to transmit a copy of the revised Labour Code as soon as it is adopted.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Conventions Nos 26 and 99 are among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

[The Government is asked to reply in detail to the present comments in 2010.]

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

Article 1, paragraph 1, of the Convention. Minimum wage fixing machinery. The Committee notes with regret that no minimum wage has yet been established for workers employed in agricultural undertakings and therefore the Convention is presently not implemented in either law or practice. The Committee recalls that based on information provided by the Government under Convention No. 26 in 2003, the Higher Council of Labour and Employment (CSTE) had agreed on a draft text setting the guaranteed interoccupational minimum wage (SMIG) at 35,000 KMF (approximately US$110) per month. To date, however, no decree seems to have been adopted formally determining the SMIG rate. Moreover, the Committee has been requesting detailed information on the terms of reference and rules of procedure of the CSTE, as well as on the coverage and possible periodic review of the minimum wage, but no such information has so far been communicated. Recalling the Government’s earlier statement that the system of remuneration of agricultural workers needs to reviewed to take account of the evolving social conditions, the Committee hopes that the Government will take appropriate steps in order to effectively discharge its obligations under the Convention by reactivating tripartite consultations within the CSTE and determining decent minimum wage levels for agricultural workers.

[The Government is asked to reply in detail to the present comments in 2009.]

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

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:

The Committee recalls its previous comments in which it noted that despite the establishment of the Higher Council of Labour and Employment (CSTE), no minimum wage rates had been fixed in recent years and that the wage levels applied in practice no longer reflected the economic or social realities in the country. In its reply, the Government stated that the CSTE had held its first meeting and had agreed on a draft text setting the guaranteed interoccupational minimum wage (SMIG) at KMF35,000. According to the Government’s last report, the draft text was currently before the competent authorities for signature.

The Committee requests the Government to supply in its next report additional information on the first meeting of the CSTE, including full particulars on the participation, the views expressed by the social partners, the criteria taken into account in fixing the SMIG level, the coverage of the new minimum wage rate as well as any consideration given to the problem of the periodic review or readjustment of the SMIG. The Committee hopes that the decree regarding the determination of the guaranteed interoccupational minimum wage will take effect very shortly and requests the Government to transmit a copy of that text once it has been formally adopted. In addition the Committee asks the Government in its next and subsequent reports to provide information on the practical application of the Convention as required by Article 5 of the Convention and Part V of the report form.

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

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

The Committee notes the Government’s reply to its previous comments and would appreciate receiving additional information on the following points.

Article 4 of the Convention. The Committee has been drawing the Government’s attention for a number of years to the absence of regulations issued under sections 98 and 99 of the Labour Code in order to give effect to the requirements of the Convention concerning the payment of wages in kind. In its last report, the Government refers to the possible future adoption of a Uniform Labour Act by the Organisation for the Harmonisation of Business Law in Africa (OHADA), which would supersede national labour codes in force, and therefore considers any legislative action at the domestic level to be redundant in the meantime. The Committee is obliged to observe that, notwithstanding the prospective adoption of a Uniform Labour Act within the framework of the OHADA, the Government remains bound by the provisions of this Article of the Convention and has still to implement it in good faith both in law and practice. The Committee once again requests the Government to make every effort to adopt the regulations fixing the conditions under which, and the limits within which, food and lodging must be provided to workers in partial substitution of cash wages.

Articles 8, 10 and 11(3). The Committee notes the Government’s indication that the draft regulations (fixing the portions of wages subject to progressive deduction and the fraction of wages which may not be attached and which has relative priority as a privileged debt in case of bankruptcy of the employer) have been prepared and will be submitted to the next meeting of the Higher Council for Labour and Employment (CSTE). The Committee recalls that it has been commenting on the need to take legislative action in order to give effect to sections 113 and 108 of the Labour Code for the last 18 years. It therefore asks the Government to take all appropriate steps to ensure application of these Articles of the Convention and requests the Government to supply detailed information on any progress made in this direction.

Article 9. The Committee notes the Government’s statement that there have been in practice no employers desirous of receiving security from a worker in the form of cash or legal paper and therefore the provisions of section 93 of the Labour Code have become obsolete. The Government further states that, in any event, the current Labour Code will cease to apply as soon as the Uniform Labour Act of OHADA is adopted. The Committee is of the view that any arrangement whereby employers are authorized to receive securities on the part of workers in the form of a cash deposit may represent a certain risk of abuse and would thus call for sufficient safeguards. The Committee therefore once more requests the Government to adopt, upon prior consultation with the CSTE, the regulations provided for under section 94 of the Labour Code so as to protect workers’ wages to the fullest extent possible.

Article 14(b). The Committee notes that the regulations under section 105 of the Labour Code establishing the composition of workers’ individual pay slips are under preparation and are expected to be submitted to the next meeting of the CSTE for adoption. While recalling that the Government has been announcing its intention to adopt those regulations since 1991, the Committee requests the Government to take the necessary action without further delay and to keep it informed of any concrete progress made in this regard.

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

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 recalls its previous comments in which it noted that despite the establishment of the Higher Council of Labour and Employment (CSTE), no minimum wage rates had been fixed in recent years and that the wage levels applied in practice no longer reflected the economic or social realities in the country. In its reply, the Government states that the CSTE has held its first meeting and has agreed on a draft text setting the guaranteed interoccupational minimum wage (SMIG) at 35,000 KMF. According to the Government’s report, the draft text is currently before the competent authorities for signature.

The Committee takes due note of the above information. It requests the Government to supply in its next report additional information on the first meeting of the CSTE, including full particulars on the participation, the views expressed by the social partners, the criteria taken into account in fixing the SMIG level, the coverage of the new minimum wage rate as well as any consideration given to the problem of the periodic review or readjustment of the SMIG. The Committee hopes that the decree regarding the determination of the guaranteed interoccupational minimum wage will take effect very shortly and requests the Government to transmit a copy of that text once it has been formally adopted. In addition the Committee asks the Government in its next and subsequent reports to provide information on the practical application of the Convention as required by Article 5 of the Convention and Part V of the report form.

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)

The Committee recalls its previous observations regarding the persistent problems of deferred payment of wages, especially in the public sector, and the comments made in this connection by the Federation of Autonomous Comorian Workers’ Organization (USATC). The Committee has been noting for some time the Government’s reassurances that a consensus solution would be found for the settlement of wage arrears within the framework of the Higher Council for Labour and Employment (CSTE). To permit a proper assessment of the situation, the Committee has requested the Government to supply detailed information on the nature and extent of the problem, the practical measures taken so far and any results achieved.

In its last report, the Government merely indicates that its efforts to ensure the regular payment of wages are considerably hindered by political and economic constraints. The Government limits itself to reiterating its wish for a prompt resolution of the problem without, however, providing any specific information on the evolution of the situation, the measures taken or envisaged or any relevant proposals that may have been made by the CSTE. While fully appreciating that Comoros has been experiencing serious economic and political difficulties in the past few years, the Committee considers that the Government should have taken the necessary steps to closely monitor the situation with a view to formulating a time-bound plan for the elimination of the wage debt.

The Committee takes this opportunity to refer to paragraphs 356‑374 of its 2003 General Survey on the protection of wages in which it emphasized that breaking the vicious circle of non-payment or delayed payment of wages comprises three main elements: (i) efficient control; (ii) appropriate sanctions; and (iii) fair compensation for the loss incurred. It also stressed that the delayed payment of wages or the accumulation of wage arrears clearly contravenes the letter and the spirit of the Convention and probably makes the application of most of its other provisions simply meaningless (paragraph 355).

The Committee therefore urges the Government to intensify its efforts to put an end to practices which deprive workers of the fruits of their labour and inexorably affect the national economy in its entirety. The Committee asks the Government to provide for examination at its next session full particulars on the latest developments in relation to wage arrears including, for instance, the approximate number of workers affected, the branches of economic activity mostly concerned, the average length of delay in the payment of wages, the overall amount of outstanding wage arrears and any negotiated time schedule for the payment of the sums remaining due.

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

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 statement that the system of remuneration of agricultural workers needs to be reviewed to take into account the evolving social conditions. It further notes the references to UNDP- and EU-financed projects on micro and small enterprise development and the promotion of income-generating activities but is inclined to consider that such information is hardly relevant to the nature and form or the method of operation of the minimum wage fixing machinery in the agricultural sector.

While noting the Government’s reference to past WFP-assisted activities whereby food supplies were provided in exchange of work, the Committee asks the Government to clarify in its next report whether any food-for-work activities are currently pursued, and under which conditions, and also to communicate full particulars on the application in law and practice of section 98 of the Labour Code which makes provision for the partial payment of wages in the form of food and lodging. The Committee would also appreciate receiving information on the practical application of the Convention called for under Article 5 of the Convention and Part V of the report form.

The Committee refers also 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 2004, published 93rd ILC session (2005)

The Committee notes the Government’s succinct report. It notes in particular the Government’s statement that the system of remuneration of agricultural workers needs to be reviewed to take into account the evolving social conditions. It further notes the references to UNDP- and EU-financed projects on micro and small enterprise development and the promotion of income-generating activities but is inclined to consider that such information is hardly relevant to the nature and form or the method of operation of the minimum wage fixing machinery in the agricultural sector.

While noting the Government’s reference to past WFP-assisted activities whereby food supplies were provided in exchange of work, the Committee asks the Government to clarify in its next report whether any food-for-work activities are currently pursued, and under which conditions, and also to communicate full particulars on the application in law and practice of section 98 of the Labour Code which makes provision for the partial payment of wages in the form of food and lodging. The Committee would also appreciate receiving information on the practical application of the Convention called for under Article 5 of the Convention and Part V of the report form.

The Committee refers also to the comments made under Convention No. 26.

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

The Committee recalls its previous comments in which it noted that despite the establishment of the Higher Council of Labour and Employment (CSTE), no minimum wage rates had been fixed in recent years and that the wage levels applied in practice no longer reflected the economic or social realities in the country. In its reply, the Government states that the CSTE has held its first meeting and has agreed on a draft text setting the guaranteed interoccupational minimum wage (SMIG) at 35,000 KMF. According to the Government’s report, the draft text is currently before the competent authorities for signature.

The Committee takes due note of the above information. It requests the Government to supply in its next report additional information on the first meeting of the CSTE, including full particulars on the participation, the views expressed by the social partners, the criteria taken into account in fixing the SMIG level, the coverage of the new minimum wage rate as well as any consideration given to the problem of the periodic review or readjustment of the SMIG. The Committee hopes that the decree regarding the determination of the guaranteed interoccupational minimum wage will take effect very shortly and requests the Government to transmit a copy of that text once it has been formally adopted. In addition, the Committee asks the Government in its next and subsequent reports to provide information on the practical application of the Convention as required by Article 5 of the Convention and Part V of the report form.

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:

The Committee notes the information supplied by the Government in its reports. It also notes the comments sent by the Autonomous Trade Union of Comorian Workers (USATC) and the Government’s reply to them.

  Article 3, paragraph 2(2), of the Convention. In reply to the Committee’s previous comments, the Government states that, despite the adoption of Decree No. 94-047/PM of 3 August 1994 on the organization and operation of the Higher Labour and Employment Council (CSTE), the latter was unable to perform its duties because the Government of the time was unable to supply the material and technical resources needed to organize meetings, the CSTE being composed of members from various islands. In its comments, the USATC states that the CSTE never met and never took any decision on the minimum wage; and that the agreement concluded in 1994 with the Government concerning the principle of tripartite consultations on minimum wages remained a dead letter. It further states that, since 1994, the trade unions have been calling for a minimum wage adjustment nationwide. The Government indicates in this connection that the Minister of Labour tabled proposals for a minimum wage review in 1980, 1982 and 1996 but that the Council of Ministers took no decision owing to the difficult economic circumstances.

The Committee also notes that, by virtue of a ministerial order, new members have been appointed recently to the CSTE to deal with a number of labour and employment issues. It also notes that the Government would be grateful to receive technical assistance from the ILO, particularly in the context of the regional programme to promote social dialogue in French-speaking Africa (PRODIAF), to ensure that the CSTE is actually set up and operates on a regular basis and that its members receive training.

The Committee hopes that the Office will be in a position to provide the requisite assistance very shortly and that the Government will take the necessary steps as soon as possible to reactivate the CSTE so that minimum wages can be fixed or adjusted in accordance with the Convention. It asks the Government to provide detailed information on progress made in this respect.

  Article 5 of the Convention and Part V of the report form. The Committee notes that the Government acknowledges in its report that the minimum wage set by regulation in 1973 at 24 Comorian francs (CF) per hour has still not been reviewed and that no text to update the minimum wage has been drafted for the private sector. The Government nonetheless stresses its intention of relaunching the CSTE tripartite consultations on minimum wages with technical support from the ILO. The Government further states that three categories of regional monthly minimum wages were fixed at Anjouan in 1993-94: CF17,500 for unskilled workers, CF22,500 for skilled workers and management and CF30,000 for higher management. In its comments the USATC deplores the fact that enterprises pay wages of anywhere between CF3,000 and 7,200 per month as they see fit, and some establishments pay wages of CF20 per hour. The USATC also states that the minimum wage is nothing less than "taboo" as far as the authorities are concerned and that there are wages of CF17,000 in the public sector despite a decree of 1987 establishing the minimum wage at CF22,000.

The Committee asks the Government to continue to supply detailed information on developments regarding the rates of minimum wages applied in the country and hopes that the Government will be in a position in the very near future, with technical assistance from the Office, to report that the minimum wage fixing machinery is operating soundly.

The Committee hopes that the Government will make every effort to take the necessary measures 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)

Article 4 of the Convention. The Committee recalls its previous comments in which it asked the Government to adopt orders under sections 98 and 99 of the Labour Code to give effect to the provisions of the Convention concerning the payment of wages in kind.

Articles 8, 10 and 11(3). The Committee recalls that in its previous comments it requested the Government to adopt an order pursuant to section 113 of the Labour Code to establish the portions of wages to be subject to progressive deductions and the corresponding rates. It also recalls that under section 108 of the Labour Code these portions constitute the fraction which may not be attached (Article 10) and has relative priority as a privileged debt compared with other debts (Article 11(3)). The Committee expressed the hope that measures would be taken in accordance with Article 8(2) to inform workers of the conditions under which and the extent to which deductions may be made from their wages.

Article 9. Further to its previous comments, the Committee asks the Government once again to take the necessary steps to regulate application of the provisions of section 93 of the Labour Code which allow an employer to receive security from a worker in the form of cash or legal paper subject to authorization from the labour inspector.

Article 14(b). The Committee recalls its previous comments on this point and again expresses the hope that the order provided for in section 105 of the Labour Code will be adopted in the very near future.

With regard to comments pending, the Government states in its report that it looks forward to receiving technical assistance from the ILO and hopes in the meantime to submit shortly to the Higher Council for Labour and Employment (CSTE) a number of draft regulations to apply the national legislation and the Convention. The Committee recalls that the Government has repeatedly stated that the orders will be drafted as soon as the CSTE is operational, and trusts that the Government will not delay in taking the necessary steps to give effect to the various provisions of the Convention on which the Committee has been commenting for many years.

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

See under Convention No. 26.

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

The Committee notes the information supplied by the Government in its reports. It also notes the comments sent by the Autonomous Trade Union of Comorian Workers (USATC) and the Government’s reply to them.

Article 3, paragraph 2(2), of the Convention. In reply to the Committee’s previous comments, the Government states that, despite the adoption of Decree No. 94-047/PM of 3 August 1994 on the organization and operation of the Higher Labour and Employment Council (CSTE), the latter was unable to perform its duties because the Government of the time was unable to supply the material and technical resources needed to organize meetings, the CSTE being composed of members from various islands. In its comments, the USATC states that the CSTE never met and never took any decision on the minimum wage; and that the agreement concluded in 1994 with the Government concerning the principle of tripartite consultations on minimum wages remained a dead letter. It further states that, since 1994, the trade unions have been calling for a minimum wage adjustment nationwide. The Government indicates in this connection that the Minister of Labour tabled proposals for a minimum wage review in 1980, 1982 and 1996 but that the Council of Ministers took no decision owing to the difficult economic circumstances.

The Committee also notes that, by virtue of a ministerial order, new members have been appointed recently to the CSTE to deal with a number of labour and employment issues. It also notes that the Government would be grateful to receive technical assistance from the ILO, particularly in the context of the regional programme to promote social dialogue in French-speaking Africa (PRODIAF), to ensure that the CSTE is actually set up and operates on a regular basis and that its members receive training.

The Committee hopes that the Office will be in a position to provide the requisite assistance very shortly and that the Government will take the necessary steps as soon as possible to reactivate the CSTE so that minimum wages can be fixed or adjusted in accordance with the Convention. It asks the Government to provide detailed information on progress made in this respect.

Article 5 of the Convention and Part V of the report form. The Committee notes that the Government acknowledges in its report that the minimum wage set by regulation in 1973 at 24 Comorian francs (CF) per hour has still not been reviewed and that no text to update the minimum wage has been drafted for the private sector. The Government nonetheless stresses its intention of relaunching the CSTE tripartite consultations on minimum wages with technical support from the ILO. The Government further states that three categories of regional monthly minimum wages were fixed at Anjouan in 1993-94: CF17,500 for unskilled workers, CF22,500 for skilled workers and management and CF30,000 for higher management. In its comments the USATC deplores the fact that enterprises pay wages of anywhere between CF3,000 and 7,200 per month as they see fit, and some establishments pay wages of CF20 per hour. The USATC also states that the minimum wage is nothing less than "taboo" as far as the authorities are concerned and that there are wages of CF17,000 in the public sector despite a decree of 1987 establishing the minimum wage at CF22,000.

The Committee asks the Government to continue to supply detailed information on developments regarding the rates of minimum wages applied in the country and hopes that the Government will be in a position in the very near future, with technical assistance from the Office, to report that the minimum wage-fixing machinery is operating soundly.

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

The Committee notes with interest that the first meeting of the Higher Labour and Employment Council (CSTE) was held on 26 and 27 September 2001 with the technical and material assistance of the ILO. In its report the Government indicates that, during the first session of the CSTE, a number of draft texts to be issued under the Labour Code were submitted and endorsed by the social partners. With regard to the problem of wage arrears, the Government states that it hopes to find a feasible solution for the reimbursement of wage arrears in the context of the CSTE.

The Committee also notes the comments made by the Federation of Autonomous Comorian Workers’ Organizations (USATC), to the effect that the Government has not made an effort to resolve the problem of the payment of wage arrears. Moreover, the USATC reports that the Government has broken off social dialogue to avoid the problem. It adds that employees are suffering the effects of the failure to pay wages and of the freeze on careers upon the pension scheme of the Comoros Retirement Fund. The USATC also states that the wages of public officials have been suspended under abusive conditions by the Ministry of the Public Service, Labour and Employment. The Committee notes the Government’s reply to the effect that state officials have not suffered any delay in the payment of wages in 2001.

While noting that the Government reaffirms its commitment to seek a consensus solution to the reimbursement of wage arrears, the Committee is bound to urge the Government once again to take the necessary measures to ensure in practice the regular payment of wages and the total reimbursement of arrears. It also requests the Government to provide detailed information on any developments in the situation and the measures taken in this respect.

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

Article 4, paragraph 1, of the Convention.  The Committee notes the Government’s reply to its previous comments concerning the payment of wages in kind. The Government indicates that wages are paid partly in kind only in the context of projects funded by international bodies and that, these projects having been completed some time ago, no institution in the country now resorts to this practice.

The Committee recalls the Government’s statement that, with the establishment of the Higher Labour Council, it would be possible to draft the orders provided for in sections 98 and 99 of the Labour Code in such a way as to give effect to the provisions of the Convention. The Committee notes the Government’s reply and regrets that no progress has been made in this area. It again asks the Government to make every effort to establish the abovementioned body and to indicate all progress made to that end.

Articles 8, 10 and 11(3).  The Committee recalls that, in its previous comments, it hoped that an order would be adopted under section 113 of the Labour Code to establish the portions of wages subject to progressive deductions and the corresponding rates. It also recalls its request to take steps to inform workers of the conditions under which and the extent to which deductions may be made from their wages. The Committee notes that in its reply the Government indicates that, since no progress has been made in making the Higher Labour Council operational, and in view of the country’s financial position, no measures have been taken to give effect to these provisions of the Convention.

While noting the economic problems referred to by the Government, the Committee recalls that every State which ratifies an international labour Convention must take its provisions into account and adopt measures to bring its legislation into conformity with them. The Committee asks the Government to inform it of the measures taken to bring its legislation into line with this Convention.

The Committee nonetheless notes the Government’s request for technical assistance in the overall revision of labour laws and regulations to ensure conformity with the provisions of ratified Conventions and the comments of the supervisory bodies. The Committee encourages the Government to make an official application to the ILO and asks the Office to consider granting such assistance as soon as it receives the official request.

[The Government is asked to report in detail in 2001.]

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

The Committee notes the comments sent by the Union of Autonomous Comoran Workers’ Organizations (USATC). In its comments the USATC indicates that the employees of the State of Grand Comore and the Island of Mohéli were not paid their wages for 20 months for the period from 1995 to 2000, and that the pay of employees in Anjouan is 30 months in arrears. The USATC adds that, furthermore, there have been reductions in the wages still owed to them under the injunctions of the IMF and the World Bank, that job promotions have been frozen for more than six years and that some employers do not establish payslips for their employees. The Committee also notes that, according to the USATC, the practice of paying wages late is now affecting the private and semi-public sectors, where delays of three to four months have been noted. The USATC further indicates that the Memorandum of Understanding of 20 May 2000 on the payment of wage arrears concluded between the Government on the one hand and the National Union of Comoran Primary School Teachers (SNIC) and the National Union of Comoran Teachers (SNCP) on the other remains a dead letter.

The Committee notes the Government’s reply to its previous observation and to the USATC’s comments on the Memorandum of Understanding of 20 May 2000 concerning the payment of wage arrears.

With regard to the wage arrears, the Committee notes the Government’s statement that for economic reasons, the regular payment of the wages of all Comoran workers is far from being achieved and that the unpaid wages have therefore accumulated over the years. The Committee nonetheless notes that the Government intends to find a proper solution in order to reimburse the arrears and pay wages regularly, both in the public service and the private sector, as soon as the economic constraints have disappeared.

Regarding the Memorandum of Understanding on the payment of wage arrears, the Committee notes the Government’s statement that the purpose of the Memorandum was not to pay wage arrears but to give tenure of post to certain primary school teachers and to pay two months’ wages, the first part of the payment having been honoured by the prescribed date.

While noting the country’s economic difficulties, the Committee urges the Government to take the necessary measures to resolve the problem of the payment of arrears in the light of Article 12 of the Convention. The Committee asks the Government to send a detailed report on the measures adopted to solve the above problem for examination by the Committee at its next session.

[The Government is asked to report in detail in 2001.]

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 3, paragraph 2(2), of the Convention. The Committee notes with interest the adoption of Decree No. 94-047/PM, of 3 August 1994, governing the organization and functioning of the Higher Council of Labour and Employment, which guarantees representation in equal numbers of employers and workers. It requests the Government to supply information on the functioning and decisions taken by the Higher Council of Labour and Employment in respect of minimum wages.

Article 5, in conjunction with Part V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage fixing machinery.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 4 of the Convention. The Government again indicates in its report that in certain projects financed by international organizations, wages are paid partially or wholly in kind. The Committee recalls that this Article of the Convention allows partial payment, not total payment, of wages in kind (paragraph 1) and that in cases where partial payment of wages in kind is authorized, measures should be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his or her family (paragraph 2(a)).

The Committee notes the Government's statement to the effect that with the establishment of the Higher Labour Council, the orders provided for in sections 98 and 99 of the Labour Code will be formulated in such a manner that they give effect to the provisions of the Convention and will be adopted in the near future. It requests the Government to indicate any progress made in this direction.

Articles 8, 10 and 11, paragraph 3. In previous comments, the Committee expressed the hope that an order would be adopted under section 113 of the Labour Code to establish the portions of wages subject to progressive deductions and the corresponding rates (Article 8, paragraph 1). It recalls that under section 108 of the Labour Code these portions constitute the fraction which may not be attached (Article 10) and has relative priority as a privileged debt compared with other debts (Article 11, paragraph 3). The Committee notes the Government's statement that such orders will also be issued and requests the Government to supply information on any development in this matter. It hopes, furthermore, that the measures will be taken in conformity with Article 8, paragraph 2 in order to inform workers of the conditions under which and the extent to which deductions may be made under the above-mentioned orders.

Article 9. The Committee notes the Government's earlier indication that no recourse had been had to the provisions of section 93 of the Labour Code which allow an employer to receive security from a worker in the form of cash or legal paper under authorization from the labour inspector. The Committee notes the Government's reiteration of its intention to take measures to regulate such authorization. It hopes that such measures will shortly be taken in order to ensure application of this Article of the Convention and requests the Government to supply information on all progress made in this direction.

Article 14(b). The Committee previously noted the Government's intention to adopt regulations under section 105 of the Labour Code so as to establish the composition of workers' individual pay slips. In the absence of any indication by the Government, it requests it again to supply a copy of this order when adopted.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

See under Convention No. 26, as follows:

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 3, paragraph 2(2), of the Convention. The Committee notes with interest the adoption of Decree No. 94-047/PM, of 3 August 1994, governing the organization and functioning of the Higher Council of Labour and Employment, which guarantees representation in equal numbers of employers and workers. It requests the Government to supply information on the functioning and decisions taken by the Higher Council of Labour and Employment in respect of minimum wages.

Article 5, in conjunction with Part V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage fixing machinery.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

The Committee notes the observations made by the Union of Comoros Workers' Autonomous Trade Unions (USATC) pointing out that wages have not been paid for nearly 12 months to workers by the State of Comoros, and that 52 per cent of the state officials are teachers. In the absence of response from the Government, the Committee invites it to send its observation on the issue raised with reference to the provision of Article 12(1) of the Convention regarding the regular payment of wages.

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

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

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 following matters raised in its previous direct request:

Article 3, paragraph 2(2), of the Convention. The Committee notes with interest the adoption of Decree No. 94-047/PM, of 3 August 1994, governing the organization and functioning of the Higher Council of Labour and Employment, which guarantees representation in equal numbers of employers and workers. It requests the Government to supply information on the functioning and decisions taken by the Higher Council of Labour and Employment in respect of minimum wages.

Article 5, in conjunction with point V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage-fixing machinery.

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

Further to its observation, the Committee requests the Government to reply also to the points raised in its previous direct request on the following points:

Article 4 of the Convention. The Government again indicates in its report that in certain projects financed by international organizations, wages are paid partially or wholly in kind. The Committee recalls that this Article of the Convention allows partial payment, not total payment, of wages in kind (paragraph 1) and that in cases where partial payment of wages in kind is authorized, measures should be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his or her family (paragraph 2(a)).

The Committee notes the Government's statement to the effect that with the establishment of the Higher Labour Council, the orders provided for in sections 98 and 99 of the Labour Code will be formulated in such a manner that they give effect to the provisions of the Convention and will be adopted in the near future. It requests the Government to indicate any progress made in this direction.

Articles 8, 10 and 11, paragraph 3. In previous comments, the Committee expressed the hope that an order would be adopted under section 113 of the Labour Code to establish the portions of wages subject to progressive deductions and the corresponding rates (Article 8, paragraph 1). It recalls that under section 108 of the Labour Code these portions constitute the fraction which may not be attached (Article 10) and has relative priority as a privileged debt compared with other debts (Article 11, paragraph 3). The Committee notes the Government's statement that such orders will also be issued and requests the Government to supply information on any development in this matter. It hopes, furthermore, that the measures will be taken in conformity with Article 8, paragraph 2 in order to inform workers of the conditions under which and the extent to which deductions may be made under the above-mentioned orders.

Article 9. The Committee notes the Government's earlier indication that no recourse had been had to the provisions of section 93 of the Labour Code which allow an employer to receive security from a worker in the form of cash or legal paper under authorization from the labour inspector. The Committee notes the Government's reiteration of its intention to take measures to regulate such authorization. It hopes that such measures will shortly be taken in order to ensure application of this Article of the Convention and requests the Government to supply information on all progress made in this direction.

Article 14(b). The Committee previously noted the Government's intention to adopt regulations under section 105 of the Labour Code so as to establish the composition of workers' individual pay slips. In the absence of any indication by the Government, it requests it again to supply a copy of this order when adopted.

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

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 following matters raised in its previous direct request:

See under Convention No. 26, as follows:

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 following matters raised in its previous direct request:

Article 3, paragraph 2(2), of the Convention. The Committee notes with interest the adoption of Decree No. 94-047/PM, of 3 August 1994, governing the organization and functioning of the Higher Council of Labour and Employment, which guarantees representation in equal numbers of employers and workers. It requests the Government to supply information on the functioning and decisions taken by the Higher Council of Labour and Employment in respect of minimum wages.

Article 5, in conjunction with point V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage-fixing machinery.

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

The Committee notes the observations made by the Union of Comoros Workers' Autonomous Trade Unions (USATC) pointing out that wages have not been paid for nearly 12 months to workers by the State of Comoros, and that 52 per cent of the state officials are teachers. These observations were transmitted to the Government for its comments in February 1998. In the absence of response from the Government, the Committee invites it to send its observation on the issue raised with reference to the provision of Article 12(1) of the Convention regarding the regular payment of wages.

[The Government is asked to report in detail in 1999.]

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 following matters raised in its previous direct request:

Article 3, paragraph 2(2), of the Convention. The Committee notes with interest the adoption of Decree No. 94-047/PM, of 3 August 1994, governing the organization and functioning of the Higher Council of Labour and Employment, which guarantees representation in equal numbers of employers and workers. It requests the Government to supply information on the functioning and decisions taken by the Higher Council of Labour and Employment in respect of minimum wages.

Article 5, in conjunction with point V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage-fixing machinery.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 following matters raised in its previous direct request:

See under Convention No. 26, as follows:

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 following matters raised in its previous direct request:

Article 3, paragraph 2(2), of the Convention. The Committee notes with interest the adoption of Decree No. 94-047/PM, of 3 August 1994, governing the organization and functioning of the Higher Council of Labour and Employment, which guarantees representation in equal numbers of employers and workers. It requests the Government to supply information on the functioning and decisions taken by the Higher Council of Labour and Employment in respect of minimum wages.

Article 5, in conjunction with point V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage-fixing machinery.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 3, paragraph 2(2), of the Convention. The Committee notes with interest the adoption of Decree No. 94-047/PM, of 3 August 1994, governing the organization and functioning of the Higher Council of Labour and Employment, which guarantees representation in equal numbers of employers and workers. It requests the Government to supply information on the functioning and decisions taken by the Higher Council of Labour and Employment in respect of minimum wages.

Article 5, in conjunction with point V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage-fixing machinery.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 4 of the Convention. The Government again indicates in its report that in certain projects financed by international organizations, wages are paid partially or wholly in kind. The Committee recalls that this Article of the Convention allows partial payment, not total payment, of wages in kind (paragraph 1) and that in cases where partial payment of wages in kind is authorized, measures should be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his or her family (paragraph 2(a)).

The Committee notes the Government's statement to the effect that with the establishment of the Higher Labour Council, the orders provided for in sections 98 and 99 of the Labour Code will be formulated in such a manner that they give effect to the provisions of the Convention and will be adopted in the near future. It requests the Government to indicate any progress made in this direction.

Articles 8, 10 and 11, paragraph 3. In previous comments, the Committee expressed the hope that an order would be adopted under section 113 of the Labour Code to establish the portions of wages subject to progressive deductions and the corresponding rates (Article 8, paragraph 1). It recalls that under section 108 of the Labour Code these portions constitute the fraction which may not be attached (Article 10) and has relative priority as a privileged debt compared with other debts (Article 11, paragraph 3). The Committee notes the Government's statement that such orders will also be issued and requests the Government to supply information on any development in this matter. It hopes, furthermore, that the measures will be taken in conformity with Article 8, paragraph 2 in order to inform workers of the conditions under which and the extent to which deductions may be made under the above-mentioned orders.

Article 9. The Committee notes the Government's earlier indication that no recourse had been had to the provisions of section 93 of the Labour Code which allow an employer to receive security from a worker in the form of cash or legal paper under authorization from the labour inspector. The Committee notes the Government's reiteration of its intention to take measures to regulate such authorization. It hopes that such measures will shortly be taken in order to ensure application of this Article of the Convention and requests the Government to supply information on all progress made in this direction.

Article 14(b). The Committee previously noted the Government's intention to adopt regulations under section 105 of the Labour Code so as to establish the composition of workers' individual pay slips. In the absence of any indication by the Government, it requests it again to supply a copy of this order when adopted.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

See under Convention No. 26, as follows:

Article 3, paragraph 2(2), of the Convention. The Committee notes with interest the adoption of Decree No. 94-047/PM, of 3 August 1994, governing the organization and functioning of the Higher Council of Labour and Employment, which guarantees representation in equal numbers of employers and workers. It requests the Government to supply information on the functioning and decisions taken by the Higher Council of Labour and Employment in respect of minimum wages.

Article 5, in conjunction with point V of the report form. The Committee notes the Government's statement that the minimum wage is still variable due to the enormous difficulties encountered in fixing a minimum wage which responds to the real and current requirements of the nation, especially as a result of the harmful impact of the devaluation of the CFA franc, which was not accompanied by any related measures. The Committee hopes that it will be possible to find appropriate solutions with regard to the minimum wage in the near future as a result of the work of the Higher Council of Labour and Employment. It also hopes that the Government will soon be in a position to supply detailed information on the effect given in practice to the Convention, including extracts of the reports of the inspection services, the minimum wage rates fixed, the number of workers concerned and any other data available on the results of the application of the minimum wage-fixing machinery.

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

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 matter raised in its previous direct request:

Article 6 of the Convention. The Committee noted that the Government considered it pointless to adopt an order to complete section 151 of the Labour Code that is now in force since the new draft Labour and Social Insurance Code would contain a provision that would give effect to this Article. The Committee once again hopes that the Government will take the necessary action to adopt measures in the near future to prohibit any limitations being placed on the freedom of the worker to dispose of his wages, a matter on which the Committee has been commenting for many years.

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

Article 3, paragraph 2(2), of the Convention. The Committee notes the Government's statement in its report to the effect that internal administrative difficulties due in particular to the current process of democratic transition and the establishment of institutions are delaying the adoption of the draft decree to which it referred in its previous comments. The Committee hopes that the Government will be able to adopt a decree in the near future fixing the number of employers' and workers' representatives on the Higher Labour Council in equal numbers, in conformity with section 179 of the Labour Code, and that it will supply the text of the decree when it has been adopted.

Article 5 and point V of the report form. The Committee notes the Government's estimate of the variation in minimum wages and its statement that, due to the above difficulties, the inspection services are not managing to provide reports and are not able to assess the number of workers covered by the minimum wage system. It hopes that the Government will be able to provide fuller details in the near future on the effect given in practice to the Convention.

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

See under Convention No. 26, as follows:

Article 3, paragraph 2(2), of the Convention. The Committee notes the Government's statement in its report to the effect that internal administrative difficulties due in particular to the current process of democratic transition and the establishment of institutions are delaying the adoption of the draft decree to which it referred in its previous comments. The Committee hopes that the Government will be able to adopt a decree in the near future fixing the number of employers' and workers' representatives on the Higher Labour Council in equal numbers, in conformity with section 179 of the Labour Code, and that it will supply the text of the decree when it has been adopted.

Article 5 and point V of the report form. The Committee notes the Government's estimate of the variation in minimum wages and its statement that, due to the above difficulties, the inspection services are not managing to provide reports and are not able to assess the number of workers covered by the minimum wage system. It hopes that the Government will be able to provide fuller details in the near future on the effect given in practice to the Convention.

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

The Committee takes note of the information supplied by the Government in reply to its previous comments concerning Articles 3(2), 11(1) and 14(a) of the Convention, and requests the Government to supply further information on the following points:

Article 4 of the Convention. The Government indicates in its report that in some projects financed by international organisations, wages are paid partially or wholly in kind and that the workers concerned more often than not sell the products thus received at the market price. It further states that the value attributed to allowances in kind corresponds to the amount of wages if they were to be paid in cash and that no regulation has been issued under sections 98 and 99 of the Labour Code.

The Committee notes this information and recalls that this Article of the Convention only permits the partial payment of wages in the form of allowances in kind (paragraph 1) and that where such payment is authorised, measures should be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his family (paragraph 2(a)). Please provide information on measures taken or envisaged to give effect to these provisions of the Convention.

Articles 8, 10 and 11(3). The Committee notes that no regulation has been issued under section 113 of the Labour Code to establish the portions of wages subject to progressive deductions and the corresponding rates (Article 8(1)). It also notes that these portions would, in pursuance of section 108 of the Labour Code, consequently determine the portion of wages not attachable (Article 10) and the portion of wages that would constitute privileged debts against any other debts (Article 11(3)). The Committee hopes that such regulations will soon be adopted so as to give full effect to these provisions of the Convention. It also requests the Government to indicate any measures adopted for informing workers of the conditions under which and the extent to which deductions from wages may be made (Article 8(2)).

Article 9. The Committee notes the Government's indication that no recourse has been had to the provisions of section 93 of the Labour Code which allows an employer to receive security from a worker in the form of cash or legal paper under authorisation from the labour inspector, and that the Government has the intention to take measures in the future to regulate such authorisation. The Committee hopes that such measures will soon be taken so as to ensure the application of this Article of the Convention and requests the Government to supply information on any progress made in this connection.

Article 14(b). The Committee notes the Government's intention to adopt regulations under section 105 of the Labour Code so as to establish the composition of workers' individual payslips, and requests the Government to provide a copy when adopted.

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

Article 3, paragraph 2(2), of the Convention. Further to its previous comments, the Committee notes that the Government will adopt a decree fixing the number of employers' and workers' representatives on the Superior Labour Council in equal numbers, in conformity with section 179 of the Labour Code. The Committee requests the Government to forward a copy of this decree when it is adopted.

Article 5 and point V of the report form. The Committee notes from the information provided by the Government that the inspection services were not able until May 1988 to carry out the inspection visits required by law, and that no cases were brought to the attention of the inspection services of wages below the minimum rates. The Committee requests the Government to communicated information on the practical application of the Convention, indicating in particular the number of workers covered by the minimum wage system and the minimum wage rates fixed for each category of workers, as well as extracts from labour inspection reports since May 1988 concerning the application of the provisions on minimum wages.

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

Article 3, paragraph 2, of the Convention. Further to its previous comments, the Committee notes that the Government will adopt a decree fixing the number of employers' and workers' representatives on the Superior Labour Council in equal numbers, in conformity with section 179 of the Labour Code. The Committee requests the Government to forward a copy of this decree when it is adopted.

Article 5 and point V of the report form. The Committee notes from the information provided by the Government that the inspection services were not able until May 1988 to carry out the inspection visits required by law, and that no cases were brought to the attention of the inspection services of wages below the minimum rates. The Committee requests the Government to communicate information on the practical application of the Convention, indicating in particular the number of workers covered by the minimum wage system and the minimum wage rates fixed for each category of workers, as well extracts from labour inspection reports since May 1988 concerning the application of the provisions on minimum wages.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee has examined with interest the first two reports submitted by the Government since the Convention entered into force for the Comoros. It would be grateful if the Government would supply further information on the following points.

Article 3(2) of the Convention. The Committee would be grateful if the Government would state whether the payment of wages by bank cheque or postal cheque or money order is authorised.

Article 4(2). The Committee notes that, under section 103 of the Labour Code, the full or partial payment of wages in the form of allowances in kind is prohibited, without prejudice to the provisions of Chapter 1 of Book IV concerning wages.

The Committee would be grateful if the Government would state in its next report whether Orders have been issued under sections 98 and 99 of the Labour Code to give effect to the provisions concerning conditions laid down in paragraph 2 of this Article and, if so, provide a copy of them. Please provide also information on national practice in this respect.

Article 8(1) and (2). The Committee observes that, under section 113 of the Labour Code, the portions of wages subject to progressive deductions and the corresponding rates will be established by Orders to be drawn up after consultation with the High Council of Labour and Employment. The Committee would be grateful if the Government would state whether the above Orders have been adopted and, if so, provide a copy of them. The Committee also requests the Government to indicate the arrangements that have been made for informing workers of any measures adopted concerning the conditions under which and the extent to which such deductions may be made.

Article 9. The Committee observes that, under section 93 of the Labour Code, any employer wishing a worker to provide security in the form of cash or legal paper must first obtain authorisation from the labour inspector. Such authorisation must mention the post in question and the amount of the security. The Committee requests the Government to state the measures that have been taken to regulate such authorisations in order to protect workers' wages.

Article 10(1) and (2). The Committee notes that section 108 of the Labour Code provides that the portion of the wage which may not be attached is equal to the difference between the wages and commissions due and the attachable portion of such wages and commissions, as determined by the Orders provided for under section 113 of the Labour Code. The Committee therefore requests the Government to state whether these Orders have been adopted and, if so, to provide a copy of them.

Article 11(1). The Committee requests the Government to state which provisions of the law or regulations establish the conditions in which workers are treated as privileged creditors in respect of the debtor's assets, as regards wages.

Article 11(3). The Committee also requests the Government to state whether national legislation provides for an order of priority respecting privileged debts in terms of wages as opposed to other privileged debts.

Article 14(a). The Committee observes that, with the exception of section 39, the Labour Code contains no provisions establishing that the worker should be informed before entering employment of the wage conditions which will apply to him, or of any changes in such conditions. The Committee would be grateful if the Government would indicate the measures taken to guarantee the application of this provision of the Convention.

Article 14(b). The Committee notes that, under section 105 of the Labour Code, the composition of workers' individual payslips is to be established by Order following consultations with the High Council of Labour and Employment. It requests the Government to state whether such an Order has been adopted and, if so, to provide a copy.

Article 15(d). The Committee requests the Government to supply information on the form and manner in which records are maintained, in accordance with this provision of the Convention.