Minimum Wage Fixing Convention, 1970 (No. 131) - Niger (RATIFICATION: 1980)

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In order to provide an overview of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 131 (minimum wage) and 95 (protection of wages) in the same comment.

A.Minimum wage

Articles 3 and 4 of Convention No. 131. Elements to be considered in determining minimum wage levels. Machinery for fixing and adjusting minimum wages. The Committee previously noted that the level of the guaranteed inter-occupational minimum wage (SMIG) had not been revised since 2012. It asked the Government to provide information on the work of the Labour and Employment Advisory Committee (CCTE) on this issue, and on the manner in which socio-economic criteria will be taken into account during the forthcoming examination of the SMIG rate. In this regard, the Committee notes that, according to the Government’s report, the CCTE has not yet been convened for the work on the elements to be used as a basis for determining the minimum wage level and for the study of the minimum living wage and general economic conditions, as provided for in section 260 of the Labour Code. The Committee requests the Government to provide information on the measures taken to undertake as soon as possible the examination of the SMIG rate and its readjustment. The Committee also requests the Government: (i) to provide information on any new developments regarding the forthcoming examination of the SMIG rate and on the consultations due to take place with the social partners in this regard; and (ii) to indicate the manner in which socio-economic criteria will be taken into account during the forthcoming examination.

B.Protection of wages

Article 8(1) of Convention No. 95. Deductions from wages. The Committee previously noted section 180 of the Labour Code, under which deposits (consignations) may be envisaged in individual labour contracts, and asked the Government to provide information on these deposits and on the conditions and limits under which they can be the subject of deductions from wages. In this regard, the Committee notes the Government’s indication that conditions and limits regarding deposits are determined by section 172 of the Labour Code, which provides that in the event of any dispute over the cancellation or termination of a contract, the employer can secure from the labour tribunal president the deposit to the tribunal secretariat of all or part of the seizable portion of the sums due. The Government also indicates that the non-seizable portion of the wage is thus preserved. However, the Committee observes that section 172 of the Labour Code is only concerned with situations involving the cancellation or termination of a contract. The Committee requests the Government to clarify whether the deposits (consignations) envisaged under section 180 of the Labour Code can be the subject of deductions from wages, apart from the situations covered by section 172 of the Labour Code.

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 131 (minimum wage) and 95 (protection of wages) together.

Minimum wage

Articles 3 and 4 of Convention No. 131. Elements to be considered in determining minimum wage levels. Machinery for fixing and adjusting minimum wages. Further to its previous comments, the Committee notes the information provided in the Government’s report. Noting that the minimum interoccupational guaranteed wage (SMIG) has not been revised since 2012, the Committee requests the Government to provide information on the work of the Labour and Employment Advisory Committee (CCTE) concerning the assessment of factors which may provide the basis of the minimum wage, and the assessment of the minimum vital wage and general economic conditions, as provided for in section 260 of the Labour Code, and on the manner in which these socio-economic criteria will be taken into account during the forthcoming examination of the SMIG rates.

Protection of wages

Article 8(1) of Convention No. 95. Deductions from wages. Further to its previous comments on section 180 of the Labour Code under which deductions of wages may be made on the deposits (consignations) envisaged in individual labour contracts, and in the absence of new information on this matter, the Committee requests the Government to provide information on these deposits (consignations) and to indicate the conditions and limits in accordance with which they can be subject to deductions of wages.

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Articles 2 and 3 of the Convention. Minimum wage level. The Committee notes the adoption of Decree No. 2012-359/PRN/MFP/T of 17 August 2012 setting the hourly rate of the minimum guaranteed inter-occupational wage (SMIG), which establishes the monthly minimum wage level at 30,047 CFA Francs a month (approximately US$60), compared with 27,000 CFA Francs (approximately US$56) in 2006. In this respect, the Committee notes that, under the terms of section 260 of Act No. 2012-45 of 25 September 2012 issuing the Labour Code, the Advisory Labour and Employment Commission, composed of equal numbers of employers and workers, is entrusted with examining the elements which may serve as a basis for the determination of the minimum wage, for examining the minimum subsistence level and general economic conditions. It also notes the Government’s indications that the fixing of the SMIG is based on the determination of a model budget for a single manual worker. This model budget consists of all the subsistence needs (the indispensable minimum level for an adult living alone). The model budget takes into account subsistence nutritional needs, for example sufficient nutrition in terms of calories and balanced in terms of lipids, protein, iron, calcium and the various vitamins. As no indications have been provided on the manner in which the various socio-economic criteria are taken into account, as envisaged in Article 3 of the Convention, for the evaluation of the level of the minimum wage with a view to its adjustment, including studies of the national economic situation and the cost of living index, the Committee requests the Government to provide further information on this point.

Article 4(2). Requirement of full consultations with the social partners. In its previous comment, the Committee requested the Government to provide information on the institutional framework within which consultations are held with the social partners regarding the adjustment of the SMIG. However, the Committee notes that the Government’s report does not provide a response to this question, and particularly on whether the Advisory Labour and Employment Commission was associated with the process of the latest adjustment of the SMIG. The Committee recalls that the Convention requires genuine and effective consultations with representative organizations of employers and workers at all stages of the minimum wage fixing process. The Committee therefore requests the Government to indicate the extent to which the Advisory Labour and Employment Commission referred to above was associated with the process of the adjustment of the SMIG and to provide, where appropriate, a copy of the report of its most recent discussions on minimum wage fixing.

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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:

Repetition

Articles 2 and 3 of the Convention. Minimum wage level. Recalling that in an earlier report the Government had indicated that the determination of the SMIG level is based on a basket of essential consumer goods, the Committee would appreciate receiving full particulars on the surveys of national economic conditions, the cost-of-living index, or other similar indicators, which were used for the readjustment of the minimum wage. In addition, the Committee requests the Government to provide some indication as to whether the SMIG’s current level may be considered to be adequate to cover the basic subsistence needs of workers and ensure a decent standard of living for them and their families.

Article 4(2). Full consultations with the social partners. The Committee recalls that the Convention requires full, genuine and effective consultations with representative organizations of employers and workers at all stages of the minimum wage fixing process. Based on the information provided by the Government in its last report, however, it is unclear whether the tripartite Labour Consultative Committee referred to in section 153 of the Labour Code has been involved in the process of reviewing the guaranteed minimum interoccupational wage. The Committee therefore requests the Government to supply additional information on the institutional framework within which consultations with the social partners were held regarding the revaluation of the SMIG, and any provision which may have already been made for future discussions on this subject.

Article 5 of the Convention and Part V of the report form. Enforcement measures. The Committee would be grateful if the Government would make an effort to collect and transmit 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, statistics on labour inspection results or other enforcement measures concerning minimum wages, official documents or studies on minimum wage policy, such as activity reports of the Labour Consultative Committee, etc.

The Committee requests the Government to reply to the points raised above in the light of Act No. 2012-45 of 25 September 2012 establishing the Labour Code and to transmit a copy of the most recent decrees fixing the SMIG level and the minimum pay rates by professional category of workers established by the interprofessional collective agreement.

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Articles 2 and 3 of the Convention. Minimum wage level. The Committee has been drawing the Government’s attention for many years to the need to readjust the level of the guaranteed minimum interoccupational wage (SMIG) which has not been increased since 1980. In this connection, the Committee notes with interest the adoption of Decree No. 2006-058/PRN/MFP/T of 8 March 2006 setting the SMIG monthly rate at 20,000 Communauté Financière Africaine francs (XOF) (approximately US$40). It also notes the adoption of Decree No. 2006-059/PRN/MFP/T of 8 March 2006 which fixes minimum wage rates by branch of economic activity and occupational category for those workers covered by the interprofessional collective agreement. Recalling that in an earlier report the Government had indicated that the determination of the SMIG level is based on a basket of essential consumer goods, the Committee would appreciate receiving full particulars on the surveys of national economic conditions, the cost-of-living index, or other similar indicators, which were used for the readjustment of the minimum wage. In addition, the Committee requests the Government to provide some indication as to whether the SMIG’s current level may be considered to be adequate to cover the basic subsistence needs of workers and ensure a decent standard of living for them and their families.

Article 4(2). Full consultations with the social partners. Moreover, the Committee recalls that the Convention requires full, genuine and effective consultations with representative organizations of employers and workers at all stages of the minimum wage fixing process. Based on the information provided by the Government in its report, however, it is unclear whether the tripartite Labour Consultative Committee referred to in section 153 of the Labour Code has been involved in the process of reviewing the guaranteed minimum interoccupational wage. The Committee therefore requests the Government to supply additional information on the institutional framework within which consultations with the social partners were held regarding the revaluation of the SMIG, and any provision which may have already been made for future discussions on this subject. The Committee would also appreciate receiving a copy of the Protocol of Agreement of 16 September 2005 to which reference was made in the Government’s report.

Article 5 of the Convention and Part V of the report form. Enforcement measures. The Committee would be grateful if the Government would make an effort to collect and transmit 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, statistics on labour inspection results or other enforcement measures concerning minimum wages, official documents or studies on minimum wage policy, such as activity reports of the Labour Consultative Committee, etc.

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With reference to its previous comments, the Committee notes the Government’s statement to the effect that consideration is being given to holding discussions with the social partners regarding the adjustment of the guaranteed minimum inter-occupational wage (SMIG). The Committee is aware that minimum wage rates depend heavily on the economic, social and political conditions in each country and that Niger has been suffering a serious economic and social crisis for many years. Nevertheless, the Committee recalls that the fundamental purpose of the Convention is to guarantee workers a minimum wage allowing them a decent standard of living and that this purpose can be truly pursued only if minimum wage rates are re-examined periodically on the basis of the evolution of the country’s various socio-economic indicators. The Committee  also recalls the conclusions of the Committee on Freedom of Association which, in the framework of the complaint presented by the Democratic Federation of Workers of Niger (CDTN) (Case No. 2288), stressed the importance of a true and constructive social dialogue with a view to remedying the difficult economic situation the country has been experiencing for 20 years. The Committee trusts that the Government will spare no effort to readjust the SMIG, in accordance with Article 4, paragraph 1, of the Convention, and requests the Government to indicate in its next report any progress made in this regard.

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For many years, the Committee has been drawing the Government’s attention to the requirements of Article 4, paragraph 1, of the Convention and the need to readjust the guaranteed minimum inter-occupational wage (SMIG) which has not been revised since December 1980. In response to the Committee’s comments, the Government refers to the persistent economic and financial crisis and states that the SMIG and other minimum wages by occupational category will be revised as soon as national conditions may allow it. In this connection, the Committee is obliged to recall that a system of minimum wages serves no useful purpose as a measure of social protection designed to overcome poverty and to ensure the satisfaction of the workers’ subsistence needs unless minimum wage rates are periodically reviewed in light of the socio-economic conditions prevailing in the country. The Committee considers that when minimum rates of pay are systematically left to lose most of their value so that they ultimately bear no relationship with the real needs of the workers, minimum wage fixing is in fact reduced to a mere formality devoid of any substance. The Committee hopes that, more than 20 years after ratifying the Convention, the Government will take the necessary measures to reactivate the minimum wage fixing machinery and thus ensure the effective application of the Convention in practice.

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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:

In its previous comments, the Committee noted that the rate of the minimum wage (SMIG) and of the minimum wages by occupational category had not been adjusted since 1980.

In its latest report, the Government provides the Committee with information on the economic and financial crisis experienced by the country for several years, which has made it impossible for the State to honour its financial commitments. The Committee notes that, according to the Government, the devaluation of the currency in 1994 has not achieved the expected results for the country and that the various successive governments since then have engaged rapidly in negotiations with the trade unions. In 1997, the Government and the trade unions reached an agreement under which the State was to pay wages every 42 days, a period considered to be a "civil month". The Committee notes that, according to the Government’s report, wage arrears have continued to accumulate despite this agreement. According to the Government, collaboration between the Government and the trade unions has been strengthened by the establishment of a National Observatory of Public Finances. Workers and employers are associated with the management of the state finances through this institution.

With regard to the payment of wage arrears and the intervals at which wages are to be paid, the Committee requests the Government to see its comments under Convention No. 95.

With regard to minimum wages, the Committee once again recalls that a member State which ratifies the Convention undertakes to adjust minimum wages from time to time, in accordance with Article 4(1) of the Convention. The Committee therefore hopes that the Government will be able to provide information on the measures which have been adopted or are envisaged with a view to ensuring the adjustment of minimum wage rates. Furthermore, the Committee requests the Government to indicate the consultations held with representatives of organizations of employers and workers concerned, in accordance with Article 4(3).

In view of the circumstances described by the Government in its report, the Committee requests it to provide information on the measures adopted to ensure the effective application of the provisions concerning minimum wages, in accordance with Article 5 of the Convention, and in particular to indicate the duties and powers of the inspectors responsible for supervision of the application of minimum wages and, where appropriate, the sanctions applied when violations are found to have occurred.

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In its previous comments, the Committee noted that the rate of the minimum wage (SMIG) and of the minimum wages by occupational category had not been adjusted since 1980.

In its latest report, the Government provides the Committee with information on the economic and financial crisis experienced by the country for several years, which has made it impossible for the State to honour its financial commitments. The Committee notes that, according to the Government, the devaluation of the currency in 1994 has not achieved the expected results for the country and that the various successive governments since then have engaged rapidly in negotiations with the trade unions. In 1997, the Government and the trade unions reached an agreement under which the State was to pay wages every 42 days, a period considered to be a "civil month". The Committee notes that, according to the Government’s report, wage arrears have continued to accumulate despite this agreement. According to the Government, collaboration between the Government and the trade unions has been strengthened by the establishment of a National Observatory of Public Finances. Workers and employers are associated with the management of the state finances through this institution.

With regard to the payment of wage arrears and the intervals at which wages are to be paid, the Committee requests the Government to see its comments under Convention No. 95.

With regard to minimum wages, the Committee once again recalls that a member State which ratifies the Convention undertakes to adjust minimum wages from time to time, in accordance with Article 4(1) of the Convention. The Committee therefore hopes that the Government will be able to provide information on the measures which have been adopted or are envisaged with a view to ensuring the adjustment of minimum wage rates. Furthermore, the Committee requests the Government to indicate the consultations held with representatives of organizations of employers and workers concerned, in accordance with Article 4(3).

In view of the circumstances described by the Government in its report, the Committee requests it to provide information on the measures adopted to ensure the effective application of the provisions concerning minimum wages, in accordance with Article 5 of the Convention, and in particular to indicate the duties and powers of the inspectors responsible for supervision of the application of minimum wages and, where appropriate, the sanctions applied when violations are found to have occurred.

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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:

With reference to its previous comments, the Committee notes the Government's indication in its report that the rates of the minimum wage (SMIG) and of minimum wages for each occupational category have not been adjusted since 1980. The Committee wishes to point out to the Government that every member State ratifying this Convention is required to adjust minimum wages from time to time, in accordance with Article 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether representatives of organizations of employers and workers were consulted in accordance with Article 4, paragraph 3, concerning the decision not to adjust minimum wages.

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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:

With reference to its previous comments, the Committee notes the Government's indication in its report that the rates of the minimum wage (SMIG) and of minimum wages for each occupational category have not been adjusted since 1980. The Committee wishes to point out to the Government that every member State ratifying this Convention is required to adjust minimum wages from time to time, in accordance with Article 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether representatives of organizations of employers and workers were consulted in accordance with Article 4, paragraph 3, concerning the decision not to adjust minimum wages.

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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 following matters raised in its previous direct request:

With reference to its previous comments, the Committee notes the Government's indication in its report that the rates of the minimum wage (SMIG) and of minimum wages for each occupational category have not been adjusted since 1980. The Committee wishes to point out to the Government that every member State ratifying this Convention is required to adjust minimum wages from time to time, in accordance with Article 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether representatives of organizations of employers and workers were consulted in accordance with Article 4, paragraph 3, concerning the decision not to adjust minimum wages.

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With reference to its previous comments, the Committee notes the Government's indication in its report that the rates of the minimum wage (SMIG) and of minimum wages for each occupational category have not been adjusted since 1980. The Committee wishes to point out to the Government that every member State ratifying this Convention is required to adjust minimum wages from time to time, in accordance with Article 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether representatives of organizations of employers and workers were consulted in accordance with Article 4, paragraph 3, concerning the decision not to adjust minimum wages.

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The Committee takes note of the information supplied by the Government in its reports and requests it to state whether the rates of the guaranteed inter-occupational minimum wage (SMIG) and of minimum wages for each occupational category, which are determined by a Decree of the President of the Council for National Guidance, have been adjusted in recent years in accordance with Article 4, paragraph 1, of the Convention, and if so, to provide the relevant texts.

The Committee would also be grateful if the Government would provide information on the manner in which the Convention is applied in practice (such as extracts from inspection reports on this subject and any other relevant documents).