Minimum Wage Fixing Convention, 1970 (No. 131) - Central African Republic (RATIFICATION: 2006)

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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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

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.

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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.

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Articles 3 and 4 of the Convention. Minimum wage-fixing machinery and consultations with the social partners. The Committee notes that, according to the information provided by the Government, the Standing National Labour Council (CNPT) is now operational, despite certain financial difficulties that are currently being resolved. The Committee recalls that the CNPT, established by Ordinance No. 04.006 of 1 February 2004, the operation and organization of which are governed by Decree No. 07.177 of 18 June 2007, is still not in a position to fulfil its mandate of full and effective consultation with a view to the adjustment of minimum wage rates. The Committee also recalls the Government’s indication in its previous report that an order appointing the members of the CNPT was in the process of being finalized. While emphasizing the fundamental importance of tripartite consultations for the proper operation of minimum wage-fixing machinery, as advocated by the Convention, the Committee requests the Government to provide specific information on the operation of the CNPT including, for example, copies of the opinions issued by the CNPT on the level of the interoccupational minimum wage, in accordance with sections 226 and 227 of Act No. 09.004 of 29 January 2009 issuing the Labour Code, of studies and statistics examined by the CNPT during the course of its work, as well as a copy of the Order establishing the composition of the CNPT.

Article 5 and Part V of the report form. Application in practice. The Committee notes that, since the ratification of the Convention in 2006, the Government has not provided any information on the application of the Convention in practice. The Committee therefore requests the Government to provide general information on the manner in which the Convention is applied in practice, with an indication of the rates of the minimum inter-occupational guaranteed wage (SMIG) and the minimum guaranteed agricultural wage (SMAG) that are currently in force, as well as the approximate number of workers remunerated at the minimum wage rates, as well as, for example, extracts of the reports of the labour inspection services indicating the number of violations reported of the minimum wage legislation and the sanctions applied.

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Articles 3 and 4 of the Convention. Minimum wage fixing machinery and full consultations with social partners. The Committee notes the Government’s explanations concerning the composition and mandate of the Standing National Labour Council (CNPT) as set out in Decree No. 07.177 of 18 June 2007. It notes, in particular, that, under section 3 of that Decree, the CNPT is entrusted with examining the elements which may serve as a basis for the determination of the minimum wage while under section 4 its composition includes eight representatives of employers’ and eight representatives of workers’ organizations. According to the Government’s report, the CNPT replaces the advisory commissions which were provided for by the Labour Code of 1961 as well as other consultative bodies, such as the Regional Consultative Commission, the Technical Committee on Hygiene and Safety, or the Higher Council of Vocational Training. The Government adds that the CNPT was expected to become operational during the second half of 2009 and that an order appointing its members was in the process of being finalized. Based on these indications, the Committee understands that the minimum interoccupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) have not been reviewed and remain unchanged at the rate fixed in 1991. The Committee requests the Government to take all necessary steps in order to accelerate the activation of the CNPT and to provide detailed information on any progress made in this respect, including new minimum wage rates and copies of the legal instruments establishing those rates.

In this respect, the Committee wishes to refer to its 2009 general observation in which reference was made to the Global Jobs Pact, adopted by the International Labour Conference in June 2009, in response to the global economic crisis, which places particular emphasis on the need to strengthen respect for international labour standards and expressly identifies wages-related ILO instruments as being relevant in order to prevent a downward spiral in labour conditions and build recovery (paragraph 14). The Global Jobs Pact further suggests that governments should consider options such as minimum wages that can reduce poverty and inequity, increase demand and contribute to economic stability (paragraph 23) and points out that, in order to avoid deflationary wage spirals, minimum wages should be regularly reviewed and adapted (paragraph 12). The Committee is therefore bound to recall that determining minimum-wage levels within an institutionalized framework of tripartite consultations or negotiations is key to establishing a safety net for the workers at the bottom of the wage scale while periodic review and adjustment of minimum wage rates is an absolute prerequisite to the meaningful operation of any minimum-wage system.

Article 5 and Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide in future reports up-to-date information on the practical application of the Convention, including, for instance, the approximate number of workers remunerated at the minimum wage rate(s); labour inspection results showing the number of visits carried out, violations of the minimum wage legislation recorded and sanctions imposed; copies of official documents or studies on minimum wage policy, such as activity reports of the CNPT or economic surveys serving as a basis for relevant discussions, etc.

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The Committee notes with interest the Government’s first report on the application of the Convention. It would be grateful to be provided with additional information on the following points.

Article 3 of the Convention. Level of minimum wages. The Committee notes the Government’s indications that, for the determination of the minimum wage, account is taken of the cost of living, and particularly the household basket of goods, and the general economic conditions in the country. The Government adds that the new Standing National Labour Council (CNPT), established in 2004, is entrusted with assessing the elements which may serve as a basis for the determination of the minimum wage following an analysis of the minimum subsistence level and the general economic conditions. However, no indication is provided on the manner in which account is taken of the various criteria to evaluate the level of the minimum wage while, under the terms of Ordinance No. 04.015 of 1 February 2004 establishing the CNPT, opinions on the level of the inter-occupational minimum wage are not even included among the tasks and functions of this advisory body. The Committee therefore requests the Government to provide fuller information on this matter and a copy of Decree No. 07.177 of 18 June 2007 respecting the organization and functioning of the CNPT. The Committee would also be grateful if the Government would clarify the relationship between the new Standing National Labour Council and the regional advisory commissions which, by virtue of section 163 of Act No. 61/221 of 2 June 1961 issuing the Labour Code, are entrusted with examining the elements which may serve as a basis for the determination of the minimum subsistence wage.

Article 4. Adjustment of minimum wage rates from time to time. The Committee notes the Government’s indication that there has been no adjustment of the minimum wage during the period covered by the report. It is therefore the Committee’s understanding that the guaranteed minimum interoccupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) remain unchanged at the level determined in 1991, that is 300 CFA francs a day (US$0.73). The Committee recalls that, in its last report submitted on the application of Convention No. 26, the Government indicated that the CNPT was not operational due to the recurring economic and social crises in the country. It also notes that the Government does not provide any information on the composition of the CNPT or on the equitable representation of the social partners on this body. The Committee requests the Government to indicate whether it intends to readjust the minimum wage rates in the near future, and to specify whether the CNPT has now effectively started functioning. The Committee is bound to recall in this respect, as it did in its previous comment on Convention No. 99, the importance of the periodic adjustment of minimum wage rates with a view to ensuring a decent standard of living for low-paid workers. If not, the minimum wage-fixing system will be reduced to a mere formality and lose all its effectiveness as a tool of poverty reduction and social protection.

Article 5 and Article 2(1). System of inspection and sanctions.  The Committee notes that the Labour Code defines the functions and powers of labour inspectors (sections 153 to 157) and establishes sanctions for violations related to the payment of minimum wages and the obligation to post minimum wage rates in the offices of employers and at the places where the staff is paid (sections 221(a) and 226(b)). The Committee notes that, in previous reports on the application of Conventions Nos 26 and 99, the Government referred on several occasions to difficulties of a practical nature relating to the system of supervision and sanctions ensuring compliance with the minimum wage legislation. The Committee therefore requests the Government to provide tangible information, as soon as it is in a position to do so, on the activities of the labour inspection services and the results achieved in relation to enforcement of minimum wage legislation.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice including, for example, the number of workers covered by the SMIG and the SMAG, copies of collective agreements determining minimum wage rates at the level of branches of activity or occupational categories, or any other official document concerning the operation of the minimum wage fixing machinery.