Protection of Wages Convention, 1949 (No. 95) - Central African Republic (RATIFICATION: 1960)

CMNT_TITLE_CAS

A Government representative welcomed the efforts made by the ILO to promote the observance of international labour standards in various African countries and recalled that his country had just recently overcome a particularly difficult situation. Having re-established constitutional order on 8 June 2005, the Central African Republic had initiated political, economic and social reforms in cooperation with the social partners in order to establish a new economic order and relaunch the economy. While the Committee of Experts' observations under Convention No. 95 concerning the non-payment of salaries of civil servants had been fully taken into account, some time was needed. The Government had taken measures with regard to wage arrears and blocked salaries in public service, such as the establishment of a tripartite technical committee in November 2005, comprised of representatives of the public authorities (Ministry of Civil Service and Ministry of Finance) and representatives of the social partners (the six trade union confederations). The task of that committee was to assess the amount of outstanding wage arrears in the civil service and to propose to the Government measures to be taken with a view to ensure social peace. The Committee was about to provide its conclusions to the Government which would enable it to take concrete action. For eight months the Government had been vigilant in ensuring that every worker in the country received his or her salary every month and would continue to do so. The Government reassured all of its partners of its commitment to find lasting solutions to the problem of wage arrears.

The Worker members noted the Government's demonstrated commitment to resolving the present problems by engaging in a permanent dialogue with the social partners. In its General Survey of 2003, the Committee of Experts recalled that the quintessence of wage protection was the assurance of a periodic payment allowing the worker to organize his everyday life with a reasonable degree of certainty and security. Following a period of conflict, such security was vitally important to the reconstruction of the nation's social and economic fabric. As always, it was essential that concrete data be supplied in order to verify the progress made. The Worker members expressed the hope that the Government, following the tripartite consultations it had referred to, would soon furnish a report that would allow for a thorough assessment of the application of the Convention.

The Employer members thanked the Government for the information provided. The Committee of Experts had dealt with the problem under discussion every year since 2000. The latest comments by the Committee of Experts only dealt with the application of the Convention in the public service. The Employer members stressed the importance of the Convention, as non-compliance had an immediate bearing on the lives of workers. In addition, with respect to the public service, the non-payment of wages constituted a threat to the public interest. The observation gave no further details on the exact extent of the problem in the public service, but the gravity of the situation was confirmed by the Government. The Employer members welcomed that the Government was committed to solving the problem, including through constituting a tripartite commission. This was a first step which should be followed up.

The Worker member of the Central African Republic, speaking on behalf of the National Confederation of Central African Workers (CNTC), the trade union Confederation of Central African Workers (CSTC), and the Union of Central African Workers (USTC), recalled that the population had suffered for years under deplorable conditions characterized by wage arrears, an absence of social dialogue, the denial of collective bargaining rights and other infringements on human and freedom of association rights. In the public sector, the wage crisis tarnished the image and dignity of civil servants. Retirees in the public and the private sectors did not receive their pensions, and the trade unions, in spite of their efforts over the years, had not managed to devise a satisfactory solution. Since 15 March 2003, the trade unions continued to actively address this problem, and negotiations with the Government gave rise to an agreement with four objectives: the regular payment of wages, the readjustment of wage levels, the settlement of accumulated wage arrears, and the creation of an autonomous pension fund. In this connection, joint committees were established to examine each of these objectives and formulate concrete proposals. The progress made with respect to this problem allowed for a cautious optimism; it was important to consolidate these gains with technical cooperation assistance from the ILO.

The Government member of Nigeria underscored the need to appreciate that the Central African Republic had endured a decade of political and military strife, with severe socio-economic consequences. The Government had expressed its commitment to ensuring the implementation of Convention No. 95 and indicated the measures taken to address this serious situation. It should therefore be granted the time it had requested to meet its obligations.

The Worker member of Senegal recalled that the Committee of Experts' observation noted an ongoing and serious infringement of the Convention. The fact that the Central African Republic had just emerged from a difficult situation did not absolve the Government of its duty to remedy this serious problem from which many workers continued to suffer. Wages were an essential aspect of human dignity; the Central African Republic households affected by this grave situation could not abide by this wait-and-see policy of the public authorities. Considering that public sector workers were owed wage arrears of over 40 months, it was vitally important that the Government took immediate action, in concert with the trade unions, to arrive at a definitive solution and thus provide the international authorities with solid guarantees of its goodwill and commitment to fulfilling international obligations.

The Worker member of Côte d'Ivoire stated that this was a typical case of a government not following up on its commitments. It was important to bear in mind that the payment of wages to the workers was a question of dignity and survival. In the Central African Republic, certain categories of workers had suffered from non-payment of wages for more than 40 months. In spite of this, they had to assume the necessities of existence. This situation had ravaging effects for the whole of society, such as aggravation of precarity, degradation of the sanitary situation, and an increase of social tensions. As the situation in developing countries was very difficult in general, it was imperative that the Government of the Central African Republic made all possible efforts to increase the pace of its action in order to give hope to the population.

The Government representative reassured the Committee of the goodwill of his Government, which was demonstrated by the fact that for eight months it had been vigilant in punctually paying every worker his or her salary. As regards the public sector, he reiterated that a tripartite committee had been set up to propose sustainable solutions to solve the problem. A process had thus been initiated and the Government was acting as fast as possible. However, one had also to understand that it was not possible to rehabilitate an economy that had been suffering from ten years of political and military strife overnight.

The Worker members considered that the indications given by the Government did not call into question the statements made earlier by several Worker members. The information given by the Government provided a fairly satisfactory answer to the short and concrete questions they had put to the Government.

The Employer members agreed with the Worker members that the information provided by the Government was, for the time being, satisfactory. They nevertheless considered that the indications given should be confirmed in the Government's next report to the Committee of Experts.

The Committee noted the oral explanations given from the Government representative and took note of the ensuing discussion. It noted, in particular, the information concerning the serious political and economic difficulties encountered by the Government until the re-establishment of the rule of law in June 2005. It also noted the measures envisaged in order to solve the issue of wage arrears in the public sector. According to the Government, a joint technical committee was set up in November 2005 with a view to evaluating the volume of wage arrears and formulating proposals, and was now in the process of concluding its work.

The Committee was mindful of the political and military crises experienced by the country in the past ten years which had gravely affected the national economy and had given rise, amongst other things, to major difficulties with respect to the regular payment of wages in the public and the semi-public sector. It reminded, however, the Government that the delayed payment of wages or the accumulation of wage debts clearly contravened the letter and the spirit of the Convention and rendered the application of most of its other provisions meaningless. Problems of that nature called for sustained efforts, open and continuous dialogue with the social partners, and a wide range of measures, not only at the legislative level but also in practice, in order to ensure an effective supervision through labour inspection.

The Committee reiterated that the payment of wages in full and on time was an important workers' right and an absolute prerequisite for healthy employment relations, economic progress and social welfare.

The Committee emphasized the importance that it attached to a Convention that related to the welfare of the workers and their families in the most tangible and elementary manner and encouraged the Government to continue dealing with the persisting wage crisis. It also requested the Government to closely monitor the evolution of the situation and make every effort to collect and communicate to the Committee of Experts for examination at its next session up-to-date information on the volume of accumulated wage arrears and any new measures taken to resolve the situation.

CMNT_TITLE

Previous comment

Article 2 of the Convention. Application to public employees. In the absence of new information in this regard, the Committee again requests the Government to indicate whether Decree No. 00.172 of 10 July 2000 establishing the implementing regulations of the previous Act (1999) issuing the General Conditions of Service of the Public Service is still in force and to communicate a copy thereof.

Article 4. Partial payment of wages in the form of allowances.In the absence of new information in this regard, the Committee again requests the Government to indicate the manner in which it ensures that only part, and not all, of the remuneration provided pursuant to section 230 of the Labour Code may be provided in the form of allowances in kind, in conformity with the provisions of Article 4(1) of the Convention. In addition, the Committee again requests the Government to indicate whether the regulations governing the conditions under which allowances in kind shall be provided to workers, as established under section 226 of the Labour Code, have been adopted and, if so, to provide a copy thereof.

Article 6. Freedom of the worker to dispose of his wages. In the absence of any new information in this regard, the Committee again requests the Government to indicate which legislative provisions prohibit employers from limiting in any manner the freedom of the worker to dispose of his wages.

Articles 8 and 10. Deductions, assignments and attachments. The Committee notes that in response to its previous comments, the Government indicates in its report that wages are subject to compulsory reductions of 5 per cent in respect of taxes and 3 per cent in respect of payment of social contributions. The Committee also notes that, according to the Government, the Labour Code and Decree No. 68/028-PG of 12 January 1968, on attachments, assignments and deductions on wages or salaries of salaried private sector and State officials, are under revision. The Committee expresses the firm hope that the revision of the Labour Code and of Decree No. 68/028-PG will permit the establishment of limits on the deductions from wages and to revise the limits for attachments and assignments, to guarantee that they always allow the maintenance of workers and their families. In this regard, the Committee requests the Government to continue to provide information on any measures taken or envisaged in this regard within the framework of the ongoing revision process of the texts, and to provide a copy of the amended versions once they have been adopted.

CMNT_TITLE

Previous comment

Article 12 of the Convention. Regular payment of wages in the public service. In response to the Committee’s previous comment, the Government indicates in its report that the Standing framework for consultation and bargaining (CPCN), established pursuant to Decree No. 14.158 of 14 August 2014, is the consultation and social dialogue mechanism that underpins the General Conditions of Service of the Public Service. This body comes under the aegis of the Ministry of Public Service and is composed of representatives of the State institutions and the trade union organizations of public sector employees. The Committee notes that, according to the Government’s indications, the question of wage arrears in the public service was raised in 2018, and that a memorandum of understanding was signed on 25 September 2019 and that a steering committee had been established on 20 October 2019. The Committee welcomes the efforts to which the Government has committed with a view to progressively clearing the wage arrears for 2001, 2002 and part of 2003. The Committee also notes that discussions are ongoing within the CPCN in respect of the remaining arrears, and that the precise amount of these will be determined by a joint mixed commission, put in place by the Government. The Committee requests the Government to renew its efforts with a view to the complete settlement of the wage arrears in the public sector. In the absence of new information in this regard, the Committee again requests the Government: (i) to take the necessary measures to ensure the regular payment of wages in this sector and to ensure efficient control, including the adoption of appropriate sanctions and the existence of means to redress any injuries caused, and: (ii) to provide information on all measures taken in this regard.

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

CMNT_TITLE

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

Article 2 of the Convention. Application to public employees. The Committee recalls that the Convention applies to all persons to whom wages are paid or payable. The Committee notes that the Labour Code does apply to public employees, whose remuneration is regulated by Act No. 09.014 of 10 August 2009 issuing the General Conditions of Service of the Central African Public Service. It notes that the Government refers in its report to Decree No. 00.172 of 10 July 2000 establishing the implementing regulations of the previous Act (1999) issuing the General Conditions of Service of the Public Service.The Committee requests the Government to confirm whether this Decree is still in force and to provide it with a copy.

Article 4. Partial payment of wages in the form of allowances. The Committee notes that section 226 of the Labour Code provides that the Minister in charge of labour, in consultation with the Standing National Labour Council, shall adopt regulations governing the provision of allowances to workers. It also notes that section 230 of the Code envisages that remuneration for a job paid by the task or at a piece rate may consist entirely of grants and benefits.Given that, in the context of the application of section 230, benefits may be provided in the form of allowances, the Committee requests the Government to indicate how it ensures that only part, and not all, of the remuneration can be provided in this manner, in accordance with the provisions of Article 4(1) of the Convention. The Committee also requests the Government to indicate whether the regulations provided for in section 226 have been issued and, if so, to provide it with a copy.

Article 6. Freedom of the worker to dispose of his wages. The Committee notes that the Labour Code does not prohibit employers from limiting in any manner the freedom of the worker to dispose of his wages. It nevertheless notes the Government’s indication that the law contains such a prohibition.The Committee therefore requests the Government to indicate which legislative provisions prohibit employers from limiting in any manner the freedom of the worker to dispose of his wages, as set forth in Article 6 of the Convention.

Articles 8 and 10. Deductions, assignments and attachments. With regard to deductions from wages within the meaning of Article 8 of the Convention, the Committee notes that, under section 241 of the Labour Code, three types of deductions are permitted corresponding to compulsory deductions, reimbursements of certain agreed attachments and deposits prescribed by collective agreements and contracts. As to the assignments and attachments within the meaning of Article 10of the Convention, the Committee notes that they are permitted under section 241 of the Labour Code and that section 1 of Decree No. 68-028-PG to which the Government refers establishes the portions of wages that may be attached or assigned, but does not establish a limit for deductions.The Committee requests the Government to take the necessary steps to ensure that limits are established, in accordance with Article 8 of the Convention, on the deductions envisaged in section 241 of the Labour Code. Moreover, emphasizing that Decree No. 68 028 PG was adopted in 1968, the Committee requests the Government to take the necessary measures to revise the limits for attachments and assignments established by this Decree so as to ensure that these limits are still appropriate for the maintenance of workers and their families, as prescribed in Article 10 of the Convention.

CMNT_TITLE

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 review of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to consider Conventions Nos 131 (minimum wages) and 95 (protection of wages) in a single comment.

Minimum wages

Article 4 of Convention No. 131. Periodical adjustment of minimum wage rates. In its previous comments, the Committee noted that, according to the information available, the last decree fixing the guaranteed inter-occupational minimum wage (SMIG) and the guaranteed agricultural minimum wage (SMAG) was adopted in 1991. It notes with concern the Government’s indication in its report that there has been no fixing or adjustment of minimum wages during the period covered by the report and that it does not provide information on the operation of the Standing National Labour Council (CNPT), a tripartite body whose functions include, under section 226 of the Labour Code, issuing an opinion when the SMIG and SMAG are being fixed.The Committee therefore urges the Government to take the necessary measures to review, without delay, the minimum wage rates and to adjust the SMIG and SMAG levels in the light of this review. The Committee requests the Government to provide information on the measures taken in this regard, including on any opinion issued by the CNPT in this context.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages. In its previous comments, the Committee requested the Government to provide information on the settlement of wage arrears in the public sector. It notes that the Government’s report does not contain information in this regard. The Committee recalls that the application in practice of Article 12 comprises three essential elements: (i) efficient control; (ii) appropriate sanctions; and (iii) the means to redress the injury caused (see General Survey of 2003 on the protection of wages, paragraph 368). The Committee notes that the Labour Code contains provisions regulating these three elements, but that the Code excludes public employees from its scope of application. The remuneration of public employees is regulated by Act No. 09.014 of 10 August 2009 issuing the General Conditions of Service of the Central African Public Service, which does not contain provisions implementing the three elements mentioned above.The Committee therefore once again requests the Government to provide information on the settlement of wage arrears in the public sector. It also requests the Government to take the necessary steps to ensure the regular payment of wages in this sector through the provision of efficient control, the adoption of appropriate sanctions in cases of non-observance, and the existence of means to redress any injuries caused. The Committee requests the Government to provide information on the measures taken in this regard.

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

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

CMNT_TITLE

Article 2 of the Convention. Application to public employees. The Committee recalls that the Convention applies to all persons to whom wages are paid or payable. The Committee notes that the Labour Code does apply to public employees, whose remuneration is regulated by Act No. 09.014 of 10 August 2009 issuing the General Conditions of Service of the Central African Public Service. It notes that the Government refers in its report to Decree No. 00.172 of 10 July 2000 establishing the implementing regulations of the previous Act (1999) issuing the General Conditions of Service of the Public Service. The Committee requests the Government to confirm whether this Decree is still in force and to provide it with a copy.

Article 4. Partial payment of wages in the form of allowances. The Committee notes that section 226 of the Labour Code provides that the Minister in charge of labour, in consultation with the Standing National Labour Council, shall adopt regulations governing the provision of allowances to workers. It also notes that section 230 of the Code envisages that remuneration for a job paid by the task or at a piece rate may consist entirely of grants and benefits. Given that, in the context of the application of section 230, benefits may be provided in the form of allowances, the Committee requests the Government to indicate how it ensures that only part, and not all, of the remuneration can be provided in this manner, in accordance with the provisions of Article 4(1) of the Convention. The Committee also requests the Government to indicate whether the regulations provided for in section 226 have been issued and, if so, to provide it with a copy.

Article 6. Freedom of the worker to dispose of his wages. The Committee notes that the Labour Code does not prohibit employers from limiting in any manner the freedom of the worker to dispose of his wages. It nevertheless notes the Government’s indication that the law contains such a prohibition. The Committee therefore requests the Government to indicate which legislative provisions prohibit employers from limiting in any manner the freedom of the worker to dispose of his wages, as set forth in Article 6 of the Convention.

Articles 8 and 10. Deductions, assignments and attachments. With regard to deductions from wages within the meaning of Article 8 of the Convention, the Committee notes that, under section 241 of the Labour Code, three types of deductions are permitted corresponding to compulsory deductions, reimbursements of certain agreed attachments and deposits prescribed by collective agreements and contracts. As to the assignments and attachments within the meaning of Article 10 of the Convention, the Committee notes that they are permitted under section 241 of the Labour Code and that section 1 of Decree No. 68-028-PG to which the Government refers establishes the portions of wages that may be attached or assigned, but does not establish a limit for deductions. The Committee requests the Government to take the necessary steps to ensure that limits are established, in accordance with Article 8 of the Convention, on the deductions envisaged in section 241 of the Labour Code. Moreover, emphasizing that Decree No. 68 028 PG was adopted in 1968, the Committee requests the Government to take the necessary measures to revise the limits for attachments and assignments established by this Decree so as to ensure that these limits are still appropriate for the maintenance of workers and their families, as prescribed in Article 10 of the Convention.

CMNT_TITLE

In order to provide a comprehensive review of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to consider Conventions Nos 131 (minimum wages) and 95 (protection of wages) in a single comment.

Minimum wages

Article 4 of Convention No. 131. Periodical adjustment of minimum wage rates. In its previous comments, the Committee noted that, according to the information available, the last decree fixing the guaranteed inter-occupational minimum wage (SMIG) and the guaranteed agricultural minimum wage (SMAG) was adopted in 1991. It notes with concern the Government’s indication in its report that there has been no fixing or adjustment of minimum wages during the period covered by the report and that it does not provide information on the operation of the Standing National Labour Council (CNPT), a tripartite body whose functions include, under section 226 of the Labour Code, issuing an opinion when the SMIG and SMAG are being fixed. The Committee therefore urges the Government to take the necessary measures to review, without delay, the minimum wage rates and to adjust the SMIG and SMAG levels in the light of this review. The Committee requests the Government to provide information on the measures taken in this regard, including on any opinion issued by the CNPT in this context.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages. In its previous comments, the Committee requested the Government to provide information on the settlement of wage arrears in the public sector. It notes that the Government’s report does not contain information in this regard. The Committee recalls that the application in practice of Article 12 comprises three essential elements: (i) efficient control; (ii) appropriate sanctions; and (iii) the means to redress the injury caused (see General Survey of 2003 on the protection of wages, paragraph 368). The Committee notes that the Labour Code contains provisions regulating these three elements, but that the Code excludes public employees from its scope of application. The remuneration of public employees is regulated by Act No. 09.014 of 10 August 2009 issuing the General Conditions of Service of the Central African Public Service, which does not contain provisions implementing the three elements mentioned above. The Committee therefore once again requests the Government to provide information on the settlement of wage arrears in the public sector. It also requests the Government to take the necessary steps to ensure the regular payment of wages in this sector through the provision of efficient control, the adoption of appropriate sanctions in cases of non-observance, and the existence of means to redress any injuries caused. The Committee requests the Government to provide information on the measures taken in this regard.

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

CMNT_TITLE

Article 12 of the Convention. Regular payment of wages. Further to its previous observation, the Committee notes that the Government’s report contains no information regarding the action taken on the Joint Technical Committee’s recommendations made in its report of November 2006, for the purpose of setting a time frame for repayment of the wage debt, estimated to amount to 70.05 billion CFA francs (approximately US$144 million). The Committee nonetheless understands that a plan for the settlement of domestic arrears was produced in 2008 by the Ministry of Finance and the Budget in the context of current efforts to reduce the public deficit. Under the plan, a timetable has been set for the clearance of wage arrears, which, according to a new estimate, amount to 117 billion CFA francs (approximately US$239 million) and which must be settled in full by 2016. It also understands that the Government has adopted the settlement plan by incorporating it in the 2009 Finance Act. It understands that wage arrears continue to accumulate in the public sector, for example in the postal and savings services, where workers have not been paid for 55 months, and also in the education sector as well as in the defence and security forces. As the Committee emphasized in paragraph 367 of its 2003 General Survey on the protection of wages, a situation in which part of the workforce is systematically denied the fruits of its labour cannot be prolonged and priority action is therefore needed to put an end to such practices. It accordingly asks the Government to indicate whether a wage debt clearance plan has indeed been adopted and, if so, to report on its implementation, giving particulars of the measures taken and indicating whether and how foreign financial assistance granted for the settlement of wage arrears has been used.

CMNT_TITLE

Further to its previous observation, the Committee has been in receipt of the report of the joint technical committee, which was set up in March 2006, to study the possibility of unfreezing the salaries of civil servants and to evaluate the amount of accumulated wage arrears in the public sector. As regards the wage debt, the technical committee estimated that public employees, including fixed and short-term staff as well as support or project personnel, experienced serious problems with the regular payment of their wages during two distinct periods, i.e. from 1992 to 1993 and again from 1998 to 2003. According to the technical committee’s report, this prolonged situation of non-payment of wages reduced civil servants to destitution and misery practically depriving them of access to even essential consumer goods. The technical committee concluded that the overall wage debt for both periods amounted to CFA70.05 billion (approximately US$143 million) and formulated three alternative proposals concerning a possible time framework for the partial or total settlement of such debt.

While taking due note of the findings and recommendations of the joint technical committee, which confirm the gravity and extent of the problem of unpaid wages in the public sector, the Committee notes with concern that the Government’s report does not contain any indication as to the follow-up action it intends to take. In the light of the findings and recommendations of the joint technical committee established to determine the amount of accumulated wage arrears in the public sector, the Committee urges the Government to take the necessary steps in order to implement a time-bound plan for the final settlement of all outstanding wage payments.

In addition, the Committee understands that the Government has recently received financial assistance from international institutions and donor countries, such as the European Union, the African Development Bank and the Government of France, in part to help its arrears clearance operations. The Committee asks the Government to provide detailed particulars on any arrangements which may have been put in place or envisaged as regards the use of the foreign assistance in tackling the ongoing wage crisis.

CMNT_TITLE

The Committee notes the information communicated by the Government in response to its previous observation and following the discussion that took place at the Committee on the Application of Standards of the International Labour Conference in June 2006. It notes, in particular, that the wage arrears in the public sector affect 23,000 officials, and that following strikes initiated by the Trade Union of Central African Workers (USTC), the Government has set up two tripartite committees, one in charge of surveying the amount of the wage arrears, and another in charge of studying the question of personnel promotion frozen since 1985. The Committee notes that the outcome of the work of the two committees will be communicated in due course and that, as regards the preparation of the new Labour Code, a review of the draft text has been undertaken by the General Directorate of Labour.

The Committee notes with regret that the information transmitted by the Government is very limited. The Government confines itself to indicating the number of public officials affected by the problems of the wage arrears, whereas before the Conference Committee it had indicated that the committee which was set up and which had nearly completed its work, was responsible for determining the amount of accumulated arrears and to formulate proposals on this matter. The Committee notes that no new measures have been taken since the last session of the Conference in order to resolve the problem of wage arrears in the public sector.

The Committee recalls once again, as the Committee on the Application of Standards underlined in June, that the payment of wages in full and on time is an important workers’ right and an absolute prerequisite for healthy employment relations, economic progress and social welfare. It once more stresses the importance of this Convention that bears in a most tangible and elementary manner on the welfare of the workers and their families. The Committee therefore requests the Government to take, without further delay, all necessary measures to assess the total amount of the wage debt in the public sector and to bring to an end the wage crisis which persists in the country.

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

CMNT_TITLE

Article 4 of the Convention. The Committee recalls that the Government has been stating for over 20 years that draft regulations under section 100(4) and (5) of the Labour Code are being prepared in order to clearly determine allowances in kind other than accommodation and food and to fix the rate for their reimbursement. It requests the Government to keep it informed of any recent developments in this respect, and any progress made in the preparation of the new Labour Code.

CMNT_TITLE

The Committee notes the Government’s last report, which provides general information on the application of various provisions of the Convention, in terms that are moreover identical with those of previous reports, but does not reply to the Committee’s recent comments. The Committee recalls, for example, that the Government has still not replied to the comments made by the Christian Confederation of Workers of Central Africa (CCTC) in 2002 concerning wage arrears in the public service. The Committee also notes that the statistics provided by the Government on the wage mass of public officials, and the report on personnel management, provide no clarification on the number of workers affected by arrears, the total amount of the sums due or the practical measures taken to eliminate such phenomena. The Committee therefore once again requests the Government to provide up-to-date information on developments in the situation with regard to the deferred payment of wages and to report any new measures taken to resolve the situation. The Committee hopes that, in the interest of maintaining a constructive dialogue with the Organization’s supervisory bodies, the Government will not fail to prepare a detailed report on the problems raised so that it can be examined at the Committee’s next session.

The Committee takes the opportunity to recall, as emphasized in paragraph 355 of its General Survey of 2003 on the protection of wages, that the quintessence of wage protection is the assurance of a periodic payment allowing the worker to organize his everyday life with a reasonable degree of certainty and security. Consequently, the delayed payment of wages or the accumulation of wage debts clearly contravene the letter and spirit of the Convention and render the application of most of its other provisions simply meaningless.

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

CMNT_TITLE

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 4 of the Convention. The Committee recalls that, in its previous comments, it stressed the need for the Government to take without further delay the necessary measures to ensure that the national legislation was fully consistent with the terms of this article of the Convention. It notes that, in its report, the Government indicates that as the necessary conditions for the draft new Labour Code to be adopted now exist, the ministerial orders provided for in section 100(4) of the Code to determine arrangements for the provision of allowances in kind other than accommodation and food and to set minimum rates for the repayment of supplies, will be drafted soon. The Committee recalls that it has been raising these matters for very many years, and trusts that the Government will adopt provisions at the earliest possible date to bring the national legislation fully into line with this provision of the Convention. It also asks the Government to send to the Office with its next report a copy of the Labour Code, once it has been adopted, and the abovementioned ministerial orders.

CMNT_TITLE

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 from the Christian Confederation of Workers of Central Africa (CCTC) concerning the application of Article 12 of the Convention. The Committee notes that the Office brought the above observations to the Government’s attention on 18 October 2002 and that, so far, the Government’s comments on them have not been received. The Committee hopes that the Government will send its comments as soon as possible so that the Committee may examine them together with the observations by the CCTC.

The Committee recalls that in its previous observation it requested the Government to provide full and up-to-date information on: (i) the actual size of the outstanding debts due to wage earners (number of workers affected, length of delay in payment and total amount of sums owed, number and nature of establishments concerned); (ii) the specific measures taken to improve the situation including measures to ensure effective supervision, strict application of penalties and adequate compensation of workers’ losses from the delay in payment; (iii) the results obtained.

In its report the Government indicates that at 30 August 2002 there were wage arrears only in the public sector and that they covered 20 months, from December 2000 to July 2002.

The Committee expresses its concern at the non-payment of wages in the public sector. It notes that this problem has lasted for nearly two years and expresses regrets that the Government’s report does not provide the information requested previously on the number of workers concerned, the total amount due and the number and nature of the establishments concerned by the problem of wage arrears. Nor does the Government’s report refer to any measures taken to improve the situation, in particular by means of effective supervision, strict application of sanctions and adequate compensation for the losses sustained by workers as a result of the delays. The Committee therefore urges the Government to take appropriate measures without delay to settle the arrears affecting public sector workers and their families.

The Committee is also addressing a request directly to the Government.

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

CMNT_TITLE

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

Article 4 of the Convention. The Committee recalls that, in its previous comments, it stressed the need for the Government to take without further delay the necessary measures to ensure that the national legislation was fully consistent with the terms of this article of the Convention. It notes that, in its report, the Government indicates that as the necessary conditions for the draft new Labour Code to be adopted now exist, the ministerial orders provided for in section 100(4) of the Code to determine arrangements for the provision of allowances in kind other than accommodation and food and to set minimum rates for the repayment of supplies, will be drafted soon. The Committee recalls that it has been raising these matters for very many years, and trusts that the Government will adopt provisions at the earliest possible date to bring the national legislation fully into line with this provision of the Convention. It also asks the Government to send to the Office with its next report a copy of the Labour Code, once it has been adopted, and the abovementioned ministerial orders.

CMNT_TITLE

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 observations from the Christian Confederation of Workers of Central Africa (CCTC) concerning the application of Article 12 of the Convention. The Committee notes that the Office brought the above observations to the Government’s attention on 18 October 2002 and that, so far, the Government’s comments on them have not been received. The Committee hopes that the Government will send its comments as soon as possible so that the Committee may examine them together with the observations by the CCTC.

The Committee recalls that in its previous observation it requested the Government to provide full and up-to-date information on: (i) the actual size of the outstanding debts due to wage earners (number of workers affected, length of delay in payment and total amount of sums owed, number and nature of establishments concerned); (ii) the specific measures taken to improve the situation including measures to ensure effective supervision, strict application of penalties and adequate compensation of workers’ losses from the delay in payment; (iii) the results obtained.

In its report the Government indicates that at 30 August 2002 there were wage arrears only in the public sector and that they covered 20 months, from December 2000 to July 2002.

The Committee expresses its concern at the non-payment of wages in the public sector. It notes that this problem has lasted for nearly two years and expresses regrets that the Government’s report does not provide the information requested previously on the number of workers concerned, the total amount due and the number and nature of the establishments concerned by the problem of wage arrears. Nor does the Government’s report refer to any measures taken to improve the situation, in particular by means of effective supervision, strict application of sanctions and adequate compensation for the losses sustained by workers as a result of the delays. The Committee therefore urges the Government to take appropriate measures without delay to settle the arrears affecting public sector workers and their families.

The Committee is also addressing a request directly to the Government.

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

CMNT_TITLE

Article 4 of the Convention. The Committee recalls that, in its previous comments, it stressed the need for the Government to take without further delay the necessary measures to ensure that the national legislation was fully consistent with the terms of this article of the Convention. It notes that, in its report, the Government indicates that as the necessary conditions for the draft new Labour Code to be adopted now exist, the ministerial orders provided for in section 100(4) of the Code to determine arrangements for the provision of allowances in kind other than accommodation and food and to set minimum rates for the repayment of supplies, will be drafted soon. The Committee recalls that it has been raising these matters for very many years, and trusts that the Government will adopt provisions at the earliest possible date to bring the national legislation fully into line with this provision of the Convention. It also asks the Government to send to the Office with its next report a copy of the Labour Code, once it has been adopted, and the abovementioned ministerial orders.

[The Government is asked to reply in detail to the present comments in 2003.]

CMNT_TITLE

The Committee notes the reports sent by the Government. It also notes the observations from the Christian Confederation of Workers of Central Africa (CCTC) concerning the application of Article 12 of the Convention. The Committee notes that the Office brought the above observations to the Government’s attention on 18 October 2002 and that, so far, the Government’s comments on them have not been received. The Committee hopes that the Government will send its comments as soon as possible so that the Committee may examine them together with the observations by the CCTC.

The Committee recalls that in its previous observation it requested the Government to provide full and up-to-date information on: (i) the actual size of the outstanding debts due to wage earners (number of workers affected, length of delay in payment and total amount of sums owed, number and nature of establishments concerned); (ii) the specific measures taken to improve the situation including measures to ensure effective supervision, strict application of penalties and adequate compensation of workers’ losses from the delay in payment; (iii) the results obtained.

In its report the Government indicates that at 30 August 2002 there were wage arrears only in the public sector and that they covered 20 months, from December 2000 to July 2002.

The Committee expresses its concern at the non-payment of wages in the public sector. It notes that this problem has lasted for nearly two years and expresses regrets that the Government’s report does not provide the information requested previously on the number of workers concerned, the total amount due and the number and nature of the establishments concerned by the problem of wage arrears. Nor does the Government’s report refer to any measures taken to improve the situation, in particular by means of effective supervision, strict application of sanctions and adequate compensation for the losses sustained by workers as a result of the delays. The Committee therefore urges the Government to take appropriate measures without delay to settle the arrears affecting public sector workers and their families.

The Committee is also addressing a request directly to the Government.

[The Government is asked to reply in detail to the present comments in 2003.]

CMNT_TITLE

The Committee notes the Government’s report.

Article 4 of the Convention. In previous comments, the Committee asked the Government to indicate whether the ministerial orders referred to in section 100(4) of the Labour Code had been adopted for the purpose of regulating payments in kind, other than accommodation and food, and fixing the maximum rates of repayment. The Committee notes the Government’s indication that the orders in question will be issued after the adoption of the new Labour Code. Considering that the Committee has been commenting on this point for the last 30 years, the Committee urges the Government to take the necessary measures without further delay to ensure that the national legislation fully conforms to the terms of this Article. It asks the Government to keep it informed of any progress achieved in this regard and to communicate the texts of the new Labour Code and any orders or regulations governing the partial payment of wages in kind as soon as they are adopted.

[The Government is asked to report in detail in 2002.]

CMNT_TITLE

The Committee previously noted the observations made by the Democratic Organization of African Workers’ Trade Union (DOAWTU) concerning the delay of wage payment to workers in the public and semi-public sector for the last six years. In its reply, the Government states that the failure to ensure the regular payment of wages is not a deliberate act but one of the many consequences of the three rebellions in 1996 and 1997 which crippled the national economy. It adds that the problem of arrears in wage payment will be addressed as a matter of priority. The Government’s communication, however, does not respond to the Committee’s request for detailed information on the practical application of Article 12(1) of the Convention, including a particular reference to the situation in the public and semi-public sectors. The Government simply refers to section 105 of the Labour Code. However, recalling that in the absence of documented information it is difficult for the Committee to evaluate the effective application of section 105 in implementation of Article 12 of the Convention, the Committee requests the Government to provide full and up-to-date information on: (i) the actual size of outstanding debts due to wage-earners (number of workers affected, length of the delay in payment and total amount of sums owed, number and nature of establishments concerned); (ii) the concrete measures taken to improve the present situation, including measures to ensure effective supervision, strict application of penalties, and adequate compensation of workers’ loss from the delayed payments; and (iii) the results obtained.

The Committee is also addressing a request directly to the Government.

[The Government is asked to report in detail in 2002.]

CMNT_TITLE

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(2) of the Convention.  Further to its earlier comments, the Committee notes that the Government refers again in its report to section 104 of the Labour Code. This provision forbids the payment of all or part of the wages in kind, subject to the provision of Chapter I of Title IV on wages. However, section 100(4) of Chapter I provides that Orders of the Minster responsible for Labour shall establish, among other matters, the cases in which supplies, other than those under sections 97 and 98 (board and lodging), must be granted. For a number of years, the Committee has been asking the Government whether there are regulations which allow payment of part of the wages in kind other than board and lodging. It hopes the Government will indicate whether, by virtue of section 100(4), Orders have been adopted regarding the payment of wages in kind and that it will supply information on the application in practice of sections 97 and 98 of the Labour Code.

CMNT_TITLE

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

The Committee notes the communication received from the Democratic Trade Union Organization of African Workers, to the effect that during the period of six years public and semi-public sector workers have been paid irregularly by the Government. The Office sent a copy of this communication in October 1999 to the Government for comments. The Committee requests the Government to respond to the points raised in this communication and to provide detailed information on the practical application of Article 12(1) of the Convention (regular payment of wages), in particular in the public and semi-public sectors.

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

CMNT_TITLE

Article 4, paragraph 2, of the Convention. Further to its earlier comments, the Committee notes that the Government refers again in its report to section 104 of the Labour Code. This provision forbids the payment of all or part of the wages in kind, subject to the provision of Chapter I of Title IV on wages. However, section 100(4) of Chapter I provides that Orders of the Minster responsible for Labour shall establish, among other matters, the cases in which supplies, other than those under sections 97 and 98 (board and lodging), must be granted. For a number of years, the Committee has been asking the Government whether there are regulations which allow payment of part of the wages in kind other than board and lodging. It hopes the Government will indicate whether, by virtue of section 100(4), Orders have been adopted regarding the payment of wages in kind and that it will supply information on the application in practice of sections 97 and 98 of the Labour Code.

CMNT_TITLE

The Committee notes the communication received from the Democratic Trade Union Organization of African Workers, to the effect that during the period of six years public and semi-public sector workers have been paid irregularly by the Government. The Office sent a copy of this communication in October 1999 to the Government for comments. The Committee requests the Government to respond to the points raised in this communication and to provide detailed information on the practical application of Article 12(1) of the Convention (regular payment of wages), in particular in the public and semi-public sectors.

CMNT_TITLE

Article 4, paragraph 2, of the Convention. The Committee notes the Government's reference in its report to section 104 of the Labour Code. The Committee points out that paragraph 3 of the above section forbids payment of all or part of the wage in kind "subject to the provisions of Chapter I". The Committee recalls that for several years the Government has referred in its reports to draft regulations concerning paragraphs 4 and 5 of section 100 of the Code (i.e. Chapter I mentioned above), on the nature of allowances in kind, other than board and lodging, and the rates of repayment. It therefore asks the Government to indicate whether the draft regulations have been repealed so that payment of wages in kind, other than board and lodging, is prohibited.

CMNT_TITLE

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 4, paragraph 2, of the Convention. The Committee noted that the draft Regulations relative to section 100, paragraphs 4 and 5, of the Labour Code would be submitted to the National Advisory Committee on Labour very shortly in order to obtain a clearer definition of allowances in kind, other than board and lodging, and to fix the rates of reimbursement. The Committee hopes that the texts in question will give effect to this provision of the Convention and will be communicated as soon as they are adopted.

CMNT_TITLE

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 4, paragraph 2, of the Convention. The Committee noted that the draft Regulations relative to section 100, paragraphs 4 and 5, of the Labour Code would be submitted to the National Advisory Committee on Labour very shortly in order to obtain a clearer definition of allowances in kind, other than board and lodging, and to fix the rates of reimbursement. The Committee hopes that the texts in question will give effect to this provision of the Convention and will be communicated as soon as they are adopted.

CMNT_TITLE

The Committee notes that the Government's report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4, paragraph 2, of the Convention. Further to its previous comments, the Committee notes that the draft Regulations relative to section 100, paragraphs 4 and 5, of the Labour Codg will be submitted to the National Advisory Committee on Labour very shortly in order to obtain a clearer definition of allowances in kind, other than board and lodging, and to fix the rates of reimbursement. The Committee hopes that the texts in question will give effect to this provision of the Convention and will be communicated as soon as they are adopted.

CMNT_TITLE

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

Article 4, paragraph 2, of the Convention. Further to its previous comments, the Committee notes with interest that the draft Regulations relative to section 100, paragraphs 4 and 5, of the Labour Code will be submitted to the National Advisory Committee on Labour very shortly in order to obtain a clearer definition of allowances in kind, other than board and lodging, and to fix the rates of reimbursement. The Committee hopes that the texts in question will give effect to this provision of the Convention and will be communicated as soon as they are adopted.

CMNT_TITLE

Article 4, paragraph 2, of the Convention. Further to its previous comments, the Committee notes with interest that the draft Regulations relative to section 100, paragraphs 4 and 5, of the Labour Code will be submitted to the National Advisory Committee on Labour very shortly in order to obtain a clearer definition of allowances in kind, other than board and lodging, and to fix the rates of reimbursement. The Committee hopes that the texts in question will give effect to this provision of the Convention and will be communicated as soon as they are adopted.