Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Rwanda (RATIFICATION: 1962)

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

Repetition

Articles 1 and 3(2) of the Convention. Minimum wage-fixing machinery. Consultation of employers’ and workers’ organizations. Following its previous comments, the Committee notes with regret that the Government indicates in its report that the draft Ministerial Order determining the minimum wage has not yet been adopted. The Government also indicates that: (i) the draft Ministerial Order was discussed within the tripartite National Labour Council in 2018 and is presently still subject to consultation between all relevant stakeholders; and (ii) the negative impact of the COVID-19 pandemic on the labour market and the economy will also call for relevant assessments to be made. Recalling that the last adjustment to minimum wage rates was made in 1980, the Committee urges the Government to take the necessary measures to fix new minimum wage rates, including through the adoption of the Ministerial Order determining the minimum wage, without delay and in consultation with social partners.

Article 4. Sanctions. Following its previous comments, the Committee notes that the Government indicates that Section 23 of the Ministerial Order No. 001/19.20 of 17 March 2020 relating to Labour Inspection establishes the modalities of application of administrative fines for obstructing the work of the labour inspectorate, as provided under section 120 of the Labour Code. The Committee observes that neither the Labour Code nor the Ministerial Order provide for sanctions in the case of violations of provisions concerning minimum wages. The Committee once again requeststhe Government to take the necessary measures to put in place a system of sanctions, to ensure that wages are not paid at less than the minimum wage rates determined.

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

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Articles 1 and 3(2) of the Convention. Minimum wage-fixing machinery. Consultation of employers’ and workers’ organizations. Following its previous comments, the Committee notes with regretthat the Government indicates in its report that the draft Ministerial Order determining the minimum wage has not yet been adopted. The Government also indicates that: (i) the draft Ministerial Order was discussed within the tripartite National Labour Council in 2018 and is presently still subject to consultation between all relevant stakeholders; and (ii) the negative impact of the COVID-19 pandemic on the labour market and the economy will also call for relevant assessments to be made. Recalling that the last adjustment to minimum wage rates was made in 1980, the Committee urges the Government to take the necessary measures to fix new minimum wage rates, including through the adoption of the Ministerial Order determining the minimum wage, without delay and in consultation with social partners.

Article 4. Sanctions. Following its previous comments, the Committee notes that the Government indicates that Section 23 of the Ministerial Order No. 001/19.20 of 17 March 2020 relating to Labour Inspection establishes the modalities of application of administrative fines for obstructing the work of the labour inspectorate, as provided under section 120 of the Labour Code. The Committee observes that neither the Labour Code nor the Ministerial Order provide for sanctions in the case of violations of provisions concerning minimum wages. The Committee once again requeststhe Government to take the necessary measures to put in place a system of sanctions, to ensure that wages are not paid at less than the minimum wage rates determined.

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

Repetition

The Committee notes the observations of the Congress of Labour and Brotherhood of Rwanda (COTRAF–RWANDA) on the application of the Convention, received in 2018.

Articles 1 and 3(2) of the Convention. Minimum wage-fixing machinery. Consultation of employers’ and workers’ organizations. Further to its previous comments requesting the Government to take all necessary steps in order to accelerate the process of determining – in consultation with employers’ and workers’ organizations – minimum wage rates, the Committee notes that, despite the Government’s previous indications that a draft law determining minimum wage rates was pending adoption, the Government once again refers in its report to a 2015 study on the matter and to ongoing consultations. The Government also refers to legislative revisions under way. The Committee notes that COTRAF–RWANDA emphasizes that there is still no appropriate minimum wage-adjusting mechanism in place to respond to the rising cost of living and inflation in the country. In this respect, the Committee notes the adoption of Act No. 66/18 of 30 August 2018 issuing the labour regulations of Rwanda (Labour Code), section 68 of which provides for the determination of the minimum wage through a decree issued by the competent minister. The Committee also notes that the National Labour Council is responsible for proposing, or issuing an opinion on, the determination and adjustment of minimum wage rates, under section 3 of Decree No. 125/03 of 25 October 2010. The Committee notes with regret, however, that according to information available, the new minimum wage rates have still not been determined and recalls that the last adjustment to these rates was in 1980. The Committee expresses the firm hope that the ministerial decree determining the minimum wage under section 68 of the new Labour Code will be adopted promptly, and requests the Government to take all necessary measures in this regard. In addition, it requests the Government to provide detailed information on the consultations held in this regard, including on the role played by the National Labour Council. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance.

Article 4. Sanctions. The Committee notes that the Labour Code does not provide for sanctions in the case of non-respect of the provisions of national legislation concerning the minimum wage. The Committee requests the Government to ensure that the determination of the minimum wage rates will be coupled with the implementation of a system of sanctions in order to ensure that the wages actually paid are not lower than the minimum rates determined; 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.

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The Committee notes the observations of the Congress of Labour and Brotherhood of Rwanda (COTRAF–RWANDA) on the application of the Convention, received in 2018.

Articles 1 and 3(2) of the Convention. Minimum wage-fixing machinery. Consultation of employers’ and workers’ organizations. Further to its previous comments requesting the Government to take all necessary steps in order to accelerate the process of determining – in consultation with employers’ and workers’ organizations – minimum wage rates, the Committee notes that, despite the Government’s previous indications that a draft law determining minimum wage rates was pending adoption, the Government once again refers in its report to a 2015 study on the matter and to ongoing consultations. The Government also refers to legislative revisions under way. The Committee notes that COTRAF–RWANDA emphasizes that there is still no appropriate minimum wage-adjusting mechanism in place to respond to the rising cost of living and inflation in the country. In this respect, the Committee notes the adoption of Act No. 66/18 of 30 August 2018 issuing the labour regulations of Rwanda (Labour Code), section 68 of which provides for the determination of the minimum wage through a decree issued by the competent minister. The Committee also notes that the National Labour Council is responsible for proposing, or issuing an opinion on, the determination and adjustment of minimum wage rates, under section 3 of Decree No. 125/03 of 25 October 2010. The Committee notes with regret, however, that according to information available, the new minimum wage rates have still not been determined and recalls that the last adjustment to these rates was in 1980. The Committee expresses the firm hope that the ministerial decree determining the minimum wage under section 68 of the new Labour Code will be adopted promptly, and requests the Government to take all necessary measures in this regard. In addition, it requests the Government to provide detailed information on the consultations held in this regard, including on the role played by the National Labour Council. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance.

Article 4. Sanctions. The Committee notes that the Labour Code does not provide for sanctions in the case of non-respect of the provisions of national legislation concerning the minimum wage. The Committee requests the Government to ensure that the determination of the minimum wage rates will be coupled with the implementation of a system of sanctions in order to ensure that the wages actually paid are not lower than the minimum rates determined; and to provide information in this regard.

[The Government is asked to reply in full to the present comments in 2020.]

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Articles 1 and 3(2) of the Convention. Minimum wage fixing machinery. Consultation of employers’ and workers’ organizations. Further to its previous comments regarding the draft ministerial order fixing the guaranteed minimum interoccupational wage at 1,000 Rwandan Francs (RWF) (approximately US$1.55) per day, the Committee notes the Government’s indications that no specific amount has yet been fixed since the draft ministerial order was not approved, and consultations with representative employers’ and workers’ organizations continue. The Government also indicates that the Ministry of Public Service and Labour is still in the process of conducting a scientific study on the establishment of the minimum guaranteed wage (SMG) and that, once determined, the new minimum wage rate would be periodically revised but not aligned to the annual inflation rate. The Government further indicates that the ministerial order setting the new minimum wage rate will also contain provisions on sanctions to ensure compliance with the legislation on minimum wage. The Committee is therefore bound to conclude that minimum wages remain unchanged at the rates fixed for each professional category by Ministerial Decree No. 221/09 of 3 May 1976. The Committee also observes that, regrettably, section 76 of the Labour Code of 2009, which provides for the determination of minimum guaranteed wages (SMG) through a ministerial order after collective consultations with the concerned organs, and section 3(6) of the Order No. 125/03 of 25 October 2010, which empowers the National Labour Council to formulate recommendations on the minimum guaranteed wages, are still not implemented in practice. The Committee accordingly requests the Government to take all necessary steps in order to accelerate the process of determining – in consultation with employers’ and workers’ organizations – new minimum wage rates aimed at ensuring suitable standard of living for the workers concerned. It also requests the Government to transmit a copy of the ministerial order fixing the minimum guaranteed wages per professional category once it has been adopted, as well as a copy of the scientific study on minimum wage fixing as soon as it is completed.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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Article 1 of the Convention. Minimum wage rate. The Committee notes the draft ministerial order fixing the guaranteed minimum interoccupational wage (SMIG), under which the amount of the SMIG would be fixed at 1,000 Rwandan francs (US$1.84) per day. Moreover, the Committee notes that, according to the Government’s last report, a scientific study is in progress which will contribute to fixing the minimum wage. It requests the Government to transmit to the Office a copy of this ministerial order once it has been adopted. The Government is also requested to send a copy of the abovementioned scientific study once it is available. Moreover, since this study has not yet been completed, the Government is requested to confirm whether the amount of 1,000 Rwandan francs specified in the draft ministerial order is purely indicative and to explain on what basis this amount has been determined. In this regard, the Committee recalls that, as emphasized in Part III of the Minimum Wage-Fixing Machinery Recommendation, 1928 (No. 30), which supplements the Convention, “for the purpose of determining the minimum rates to be fixed, the wage-fixing body should in any case take account of the necessity of enabling the workers concerned to maintain a suitable standard of living”. While noting that the draft ministerial order fixing the SMIG defines the latter as “the minimum wage common to all occupations, sufficient to guarantee a suitable standard of living to workers by meeting essential needs with regard to clothing, lodging, health and transport”, the Committee requests the Government to supply all relevant information showing in what way the need to ensure a suitable standard of living for the workers concerned is actually taken into account in determining the amount of the SMIG. Moreover, the Committee would be grateful if the Government would indicate whether it plans to establish a mechanism for periodically revising the amount of the SMIG.

Article 3(2)(1). Consultation of employers’ and workers’ organizations. The Committee notes the Government’s statement in its last report to the effect that consultations have taken place, with a view to determining the amount of the SMIG, between the representative employers’ organization (Rwandan Federation of the Private Sector (FRSP)) and workers’ organizations (Confederation of Trade Unions of Rwanda (CESTRAR), the National Council of Free Trade Unions (COSYLI) and the Congress of Labour and Fraternity (COTRAF)). It requests the Government to supply all available information on the outcome of these consultations (for example, summary records of meetings, official positions adopted by the various organizations concerned, etc.), and also on any institutional framework which the Government might consider setting up, if appropriate, in order to hold such consultations on a regular basis (for example, the setting up of a tripartite wages commission).

Part V of the report form. The Committee requests the Government to supply information on the application of the Convention in practice, particularly on minimum wage rates in force in the various sectors of activity; the extent to which the system enables effective poverty reduction, particularly in agriculture, given its importance in the economy of the country; the impact of structural adjustment policies devised by the international financial institutions; monitoring of the observance of minimum wage rates by employers and steps taken to put a stop to any infringements.

In addition, the Committee notes the adoption of Act No. 13/2009 of 27 May 2009 on labour regulation, section 76 of which provides for the determination, by decree of the Minister of Public Service and Labour, of a guaranteed minimum wage for each professional category. The Committee requests the Government to provide information on the application of section 76 of Act No. 13/2009 and to indicate whether the sanctions provided for in section 169 of the Act for failure to comply with its provisions apply also in case of non-payment of the guaranteed minimum wages fixed in accordance with section 76. The Government is also requested to indicate whether it intends to fix minimum pay rates for the categories of workers who are excluded from the scope of application of Act No. 13/2009, in particular persons dealing with family agricultural, breeding, commercial or industrial activities.

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Article 1 of the Convention. Minimum wage rate. The Committee notes the draft ministerial order fixing the guaranteed minimum interoccupational wage (SMIG), which the Government attached to its report. It notes that, under this draft order, the amount of the SMIG would be fixed at 1,000 Rwandan francs (US$1.84) per day. Moreover, the Committee notes that, according to the Government’s report, a scientific study is in progress which will contribute to fixing the minimum wage. It requests the Government to transmit to the Office a copy of this ministerial order once it has been adopted. The Government is also requested to send a copy of the abovementioned scientific study once it is available. Moreover, since this study has not yet been completed, the Government is requested to confirm whether the amount of 1,000 Rwandan francs specified in the draft ministerial order is purely indicative and to explain on what basis this amount has been determined. In this regard, the Committee recalls that, as emphasized in Part III of the Minimum Wage-Fixing Machinery Recommendation, 1928 (No. 30), which supplements the Convention, “for the purpose of determining the minimum rates to be fixed, the wage-fixing body should in any case take account of the necessity of enabling the workers concerned to maintain a suitable standard of living”. While noting that the draft ministerial order fixing the SMIG defines the latter as “the minimum wage common to all occupations, sufficient to guarantee a suitable standard of living to workers by meeting essential needs with regard to clothing, lodging, health and transport”, the Committee requests the Government to supply all relevant information showing in what way the need to ensure a suitable standard of living for the workers concerned is actually taken into account in determining the amount of the SMIG. Moreover, in view of an annual inflation rate of nearly 10 per cent which prevails in the country, the Committee would be grateful if the Government would indicate whether it plans to establish a mechanism for periodically revising the amount of the SMIG.

Article 3, paragraph 2(1). Consultation of employers’ and workers’ organizations. The Committee notes the Government’s statement to the effect that consultations have taken place, with a view to determining the amount of the SMIG, between the representative employers’ organization (Rwandan Federation of the Private Sector (FRSP)) and workers’ organizations (Confederation of Trade Unions of Rwanda (CESTRAR), the National Council of Free Trade Unions (COSYLI) and the Congress of Labour and Fraternity (COTRAF)). It requests the Government to supply all available information on the outcome of these consultations (for example, summary records of meetings, official positions adopted by the various organizations concerned, etc.), and also on any institutional framework which the Government might consider setting up, if appropriate, in order to hold such consultations on a regular basis (for example, the setting up of a tripartite wages commission).

Part V of the report form. The Committee requests the Government to supply information on the application of the Convention in practice, particularly on minimum wage rates in force in the various sectors of activity; the extent to which the system enables effective poverty reduction, particularly in agriculture, given its importance in the economy of the country; the impact of structural adjustment policies devised by the international financial institutions; monitoring of the observance of minimum wage rates by employers and steps taken to put a stop to any infringements.

Finally, the Committee takes this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body on the basis of the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Governing Body considered that Convention No. 26 was one of the instruments which were no longer fully up to date but were still relevant in certain respects. The Committee therefore suggests that the Government consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents a degree of progress in comparison with previous instruments concerning the fixing of a minimum wage, for example by providing for a broader scope, the setting up of a general minimum wage system and, finally, the adoption of certain criteria for determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or contemplated in this regard.

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Article 3, paragraph 2(3), and Article 4, paragraph 1, of the Convention. Sanctions for non-compliance with the minimum wage. The Committee refers to its previous comment concerning the lack of provisions in the Labour Code of 2001 establishing penalties for infringements of the legislation relating to the guaranteed minimum interoccupational wage (SMIG). It notes that the Government refers very briefly in its last report to draft amendments to the Labour Code. In this regard, the Government indicates that a section in the draft new Labour Code would provide for fines for any violation of the provisions of the Code relating to the SMIG, and for imprisonment in the case of a repeat offence. The Committee recalls the importance of the existence of an effective system of sanctions to ensure compliance with the legislation on the minimum wage and hopes that the Government will soon adopt provisions of the type contained in the abovementioned section of the draft new Labour Code. The Government is requested to provide all relevant information on progress made on the revision of the Labour Code.

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

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Article 2 of the Convention. The Committee notes that, under section 83 of the new Labour Code, the guaranteed minimum interoccupational wage (SMIG) is established by the Minister of Labour after consulting workers’ and employers’ organizations. The Committee requests the Government to provide detailed information on the arrangements which have been adopted for the consultation of the above organizations and, where appropriate, the trades to which the national regulations respecting the SMIG are not applicable. It also requests the Government to provide copies of laws or regulations issued under this provision of the Labour Code for the purpose of organizing such consultations.

Article 5 and Part V of the report form. The Committee notes that the Government’s report does not contain information on the number of workers covered by the regulations on the SMIG or on the rates at which the SMIG is fixed. It requests the Government to provide this information with its next report and, in general, to provide information on any other measures illustrating the arrangements for the operation of minimum wage fixing machinery so that it is in a better position to assess their conformity with the requirements of the Convention.

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The Committee notes the report provided by the Government in reply to its previous observation. It notes the adoption and entry into force of Act No. 51/2001 of 30 December 2001 issuing the Labour Code and requests the Government to provide information on the following points.

Article 3, paragraphs 1 and 2, of the Convention. The Committee requests the Government to provide full particulars on the minimum wage fixing machinery adopted under section 83 of the newly enacted Labour Code, as well as the procedures for its application, with an indication of the arrangements made, prior to the application of the above machinery, for the consultation of representatives of employers and workers and the manner and arrangements under which employers and workers have subsequently participated in equal numbers and on equal terms in the operation of minimum wage fixing machinery.

Articles 4, paragraph 1, and 3, paragraph 2(3). With reference to its previous comment, the Committee notes that the new Labour Code still does not provide for sanctions against those responsible for violations of the national regulations respecting the guaranteed minimum interoccupational wage (SMIG). Recalling that Article 4, paragraph 1, of the Convention sets forth the obligation to establish a system of supervision and sanctions, the Committee is of the opinion that the provisions on minimum wages in the new Labour Code cannot really be an effective application of the provisions of this Article unless they are combined with a supervisory system and sanctions. In this respect, the Committee considers that the draft ministerial order issuing a model employer’s register, a copy of which was attached to the Government’s report, is only marginally relevant in this respect. The Committee therefore requests the Government to take all the necessary measures without further ado to ensure the effective application of the Convention in practice based on supervision carried out by the labour inspection services and resulting, where appropriate, in sanctions being imposed and enforced where the wages actually paid are lower than the rate of the SMIG. In this connection, the Committee requests the Government to provide information on the measures taken to guarantee effectively the compulsory nature of the minimum wage rate, through sanctions among other measures, and to give a general appreciation of the manner in which the Convention is applied including, for example extracts of the reports of the inspection services, particularly where they have had occasion to report offences.

A request relating to certain other points is also being addressed directly to the Government.

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Article 3 of the Convention. The Committee notes the indication by the Government that on adoption of the draft Labour Code, presently under way, to which the Government has been referring since 1979, the minimum wage rates currently in force will be reviewed, this time taking account of the presence of workers' organizations. The Committee can only reiterate the hope that the Labour Code will soon be adopted and that employers' and workers' organizations will participate in equal number and on equal terms in the application of methods of fixing and revising minimum wages.

Article 4, paragraph 1. The Committee notes the information in the Government's report that the national legislation does not provide for sanctions in cases of non-respect of minimum wage rates. The Committee reminds the Government that under this provision of the Convention, any Member who ratifies it must take the necessary measures by means of a system of sanctions to ensure that actual wages paid do not fall below the applicable minimum rate. The Committee again trusts that the Government will make every effort to take measures in the very near future in order to give full application to this provision of the Convention.

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Article 5 of the Convention, in conjunction with point V of the report form. The Committee requests the Government to provide general information on the application of the Convention in practice, including: (i) the minimum wage rates applicable; (ii) available statistical data on the number and different categories of workers covered by the minimum wage regulations; and (iii) the results of inspections carried out (violations noted, sanctions imposed, etc.).

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Article 3, paragraph 2(1) and (2), of the Convention. The Committee notes the information provided in the Government's report in answer to previous comments. It notes the Government's statement to the effect that the National Subcommission on Agreements and Salaries, which will be responsible among other things for fixing salaries, will of necessity include representatives of workers and employers. While awaiting the adoption of the draft Labour Code, the representative organizations participated in discussions on wages conducted by the Special Wages Commission.

The Committee hopes that the draft Labour Code will soon be adopted and that the National Subcommission on Agreements and Salaries will be established. It also hopes that the employers' and workers' organizations will participate in the work of the Subcommission on an equal footing.

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

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Articles 3 and 5 of the Convention. The Committee notes the Government's statement in its report that the National Subcommittee for the private sector, which gives its opinion before minimum wages are fixed under section 85 of the Labour Code, has not been in operation since 1980 when minimum wages were last adjusted. It also notes that, according to the Government, the Ministry of Labour has prepared a Bill to institutionalize employers' and workers' consultative bodies, which will shortly be submitted to the employers and workers so that it can be discussed before it is formally incorporated in the legislation.

The Committee hopes that the necessary measures will be taken very shortly to enable employers' and workers' representatives to be associated in the operation of the minimum wage fixing machinery. It asks the Government to report on progress made in this respect and to provide information on any new minimum wage rates that have been fixed.

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1. Article 4 of the Convention. With reference to its previous comments concerning the draft revision of the Labour Code, which contains provisions on sanctions applicable in the event of non-observance of established minimum wage rates, the Committee notes the Government's statement that the situation remains unchanged because the Government's attention has been entirely taken up by urgent problems such as the armed conflict besetting the country since October 1990, economic recovery through structural adjustment and political problems.

The Committee hopes that the Government will take the necessary measures in the very near future to give effect to this provision of the Convention. It asks the Government to provide information on measures taken to this end.

2. The Committee also notes the observation submitted in a letter of 19 December 1992 by the Rwanda Central Organization of Workers' Trade Unions (CESTRAR) concerning the participation of employers and workers in minimum wage fixing. The CESTRAR has observed a positive trend, and particularly the imminent establishment of machinery for tripartite cooperation in the determination of working conditions, including minimum wages, and, pending its establishment, the intention to set up an informal tripartite group. The Committee hopes that the Government will provide information on any developments in this respect.

The Committee also refers to a request addressed directly to the Government concerning the question of consultation.

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Article 3 of the Convention. The Committee notes the information supplied by the Government concerning the participation of employers' and workers' organisations in the fixing of minimum wages. The Committee points out that, in accordance with this provision of the Convention, the representatives of the employers and workers concerned shall be associated in the operation of the minimum wage-fixing machinery. The Committee requests the Government to indicate the measures that have been taken or are envisaged to make it possible for the representatives of employers and workers to be associated in the operation of minimum wage-fixing machinery.

Article 5. The Committee requests the Government to supply information concerning the new rates of minimum wages that have been fixed and the number of workers affected by provisions concerning minimum wages.

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Article 4 of the Convention. With reference to its previous comments, the Committee notes that the draft revision of the Labour Code contains provisions respecting sanctions that would be applicable in the event of the non-observance of established minimum wage rates. The Committee trusts that the Government will make every effort to ensure that these amendments are adopted in the near future in order to give effect to this provision of the Convention. The Committee requests the Government to supply information on the measures that have been taken in this respect.

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