Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Burundi (RATIFICATION: 1963)

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The committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 29 August 2022.

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. Further to its previous comment, the Committee notes that the Government indicates in its report that the guaranteed inter-occupational minimum wage (SMIG) is currently under revision, and that an independent consultant has already been engaged to conduct an analysis of the evolution of the socio-economic situation. That analysis will be taken as a reference to fix the criteria for updating the SMIG and will provide a document containing the criteria for fixing the new SMIG. It further notes that the COSYBU indicates in its observations that the tripartite committee has just adopted the final report of the study conducted into updating the SMIG and that the next stages are its examination by the National Labour Council and by the Government. The COSYBU also indicates that the minimum wages applicable by category as fixed by collective agreements in the various branches of activity or in enterprises have not yet been fixed. The Committee observes with regret that, despite the steps taken to reactivate the minimum wage review process, the SMIG has not been readjusted since 1988 and minimum wages applicable by category through collective agreements in branches of activity or in enterprises have not yet been fixed. Therefore, the Committee again urges the Government to take the necessary steps to readjust the SMIG without delay, in consultation with the workers’ and employers’ organizations concerned so as to ensure that new minimum rates of wages are fixed for workers employed in certain trades in which no arrangements exist for the effective regulation of wages by collective agreements or otherwise and wages are exceptionally low. It also requests the Government to provide information on the minimum wages applicable by category in the various branches of activity or in enterprises, including home working trades, once these have been fixed by collective agreement.

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The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2021.

Legislative developments. The Committee notes the adoption of Act No. 11 of 24 November 2020 on the revision of Decree-Law No. 1/037 of 7 July 1993 on the revision of the Labour Code of Burundi. Concerning the minimum wage-fixing machinery, the Committee notes that sections 186 and 551 of the new text largely reproduce sections 74 and 249 of the former text and that the new text specifies that the rates must be adjusted every four years and revises the penalties set out for cases of payment of remuneration below the legal minimum wage.

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. In its previous comments, noting the lack of tangible progress made in activating the minimum wage-fixing machinery provided for in the Labour Code, the Committee requested the Government to take all the necessary measures to reactivate without delay the minimum wage review process, and to provide information in this regard, particularly on any decrees adopted further to this review. It also requested the Government to provide information on the minimum wages applicable by category, as fixed by collective agreements in the various branches of activity or in enterprises. The Committee notes the Government’s indication in its report that a tripartite committee has been established to determine the terms of reference for an impartial study to be conducted by experts leading to a proposal for the guaranteed inter-occupational minimum wage (SMIG) in the national socio-economic context. It also notes that the COSYBU in its observations recognizes the Government’s willingness to fix the rate of the updated minimum wages but asks once again that it accelerate the review process of these rates. While noting this information, the Committee is bound to observe that the SMIG has still not been adjusted since 1988 and that no information on collective bargaining with regard to minimum wages applicable by category has been provided by the Government. In this context, the Committee once again urges the Government to take the necessary measures to carry out without delay an adjustment of the SMIG, in the light of the outcomes of the review initiated in the abovementioned tripartite committee. The Committee also once again requests the Government to provide information on the minimum wages applicable to various categories of workers, fixed by collective agreements in the various branches of activity or in enterprises.

[The Government is asked to reply in full to the present comments in 2022.]

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The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 24 August 2020, as well as the Government’s reply.

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. In its previous comments, the Committee recalled that the Labour Code provides that decrees issued by the Minister responsible for labour, after consultation with the National Labour Council (CNT), shall fix wage areas and guaranteed inter-occupational minimum wages (section 74(a)) and that the CNT shall be considering the elements that may serve as a basis for fixing the minimum wage and conducting an annual review of minimum wage rates (section 249(1)). In the absence of information showing that effect has been given to these provisions, the Committee requested the Government to take all the necessary measures to reactivate without delay the minimum wage review process and to provide information in this respect, as well as on the minimum wages applicable by category as fixed by collective agreements in the various branches of activity or in enterprises. The Committee notes the Government’s indication in its report that the necessary measures to reactivate the minimum wage review process have been taken and, in this connection, a note will be sent to the social partners to put forward their views and proposals. It also notes that the COSYBU is calling on the Government to accelerate the minimum wage review process. In its reply, the Government indicates that: (i) the CNT examined this matter and it was considered necessary to prepare a study on the minimum wage; and (ii) the recruitment of a consultant to prepare the study and make concrete proposals was under examination. Finally, the Committee notes that the Government has not provided any information on the minimum wages applicable by category as fixed by collective agreements in the various branches of activity or in enterprises. Noting the lack of tangible progress made in activating the minimum wage-fixing machinery, established in sections 74 and 249 of the Labour Code, and the lack of information regarding the outcome of collective bargaining on the minimum wage, the Committee is bound to repeat its previous requests. It urges the Government to take all the necessary measures to reactivate without delay the minimum wage review process, as provided for in section 249 of the Labour Code, and to provide information in this regard, particularly on any decrees adopted further to this review, pursuant to section 74 of the Labour Code. It also once again requests the Government to provide information on the minimum wages applicable by category as fixed by collective agreements in the various branches of activity or in enterprises.

[The Government is asked to reply in full to the present comments in 2021.]

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Article 3 of the Convention. Operation of the minimum wage-fixing machinery. In its previous comments, the Committee recalled that the last decree fixing the guaranteed inter occupational minimum wage (SMIG) was adopted in 1988. It urged the Government to take all the necessary measures to reactivate without delay the review process of minimum wage rates, as provided for in section 249 of the Labour Code, and to carry out a readjustment of the SMIG in the light of this review. It also requested the Government to provide information on the minimum wages applicable to various categories fixed by collective agreements in the various branches of activity or in enterprises. The Committee notes that the Government refers in its report to the measures adopted in the public sector following the studies carried out in 2012 on wage policy and job classification, including the adoption of a wage adjustment for the period 2016–2019. However, with regard to the SMIG, the Government indicates that it will be reviewed as a matter of priority following the adoption of the revised Labour Code. The Committee recalls that section 249(1) of the Labour Code provides that the National Labour Council shall be consulted to consider the elements that may serve as a basis for fixing the minimum wage and conducting an annual review of minimum wage rates. In this context, the Committee is bound to reiterate its request to the Government to take all the necessary measures to reactivate the minimum wage review process immediately, as provided for in section 249 of the Labour Code, and to carry out a readjustment of the SMIG in the light of this review. It also requests the Government to provide information in this respect, as well as on the minimum wages applicable to the various categories as determined by collective agreements in the various branches of activity or in enterprises.

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

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The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 30 August 2018, and the Government’s reply.

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. Further to its previous comments in this respect, the Committee notes the Government’s indication in its report that it has commissioned two studies, one on an equitable wage policy and the other on the classification of jobs in Burundi, that the fixing of the guaranteed inter-occupational minimum wage (SMIG) will take place in the wake of these studies, and that this will be incorporated into the provisions of the Labour Code, which is being revised. The Committee also notes that: (i) in its observations, COSYBU calls for minimum wage fixing methods and implementing modalities to be established; and (ii) in this respect, the Government states that even if the current SMIG is not satisfactory, the employers fix wages in cooperation with the workers, taking account of the economic situation and the current purchasing power of the general public. The Committee recalls that the last decree fixing the SMIG was adopted in 1988. It notes that section 249(1) of the Labour Code provides that the National Labour Council must be consulted with regard to considering elements that may serve as a basis for fixing the minimum wage and conducting an annual review of minimum wage rates. It also notes that minimum wage rates can be fixed by collective bargaining. The Committee urges the Government to take all the necessary measures to reactivate without delay the review process of the minimum wage rates, as provided for in section 249 of the Labour Code, and to carry out a readjustment of the SMIG in the light of this review. It also requests the Government to provide information in this respect, and also on the minimum wages applicable to various categories fixed by collective agreements in the various branches of activity or in enterprises.

[The Government is asked to reply in full to the present comments in 2019.]

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The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received in 2015, requesting once again the revision of the inter-occupational guaranteed minimum wage (SMIG), in the light of the cost of living.

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. Further to its previous comments in this respect, the Committee notes the Government’s reiteration in its report that the matter of readjusting the minimum wage will be submitted to the social partners, as part of the ongoing revision of the Labour Code. However, pending the receipt of information on progress made in this respect, the Committee is bound to note with concern that the last decree fixing the SMIG was issued in 1988. It therefore urges the Government to take all the necessary measures to immediately reactivate the minimum wage review process, as provided for in section 249 of the Labour Code (annual revision by the National Labour Council), and to carry out a readjustment of the SMIG in the light of this review.

[The Government is asked to reply in full to the present comments in 2018.]

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

Repetition

Article 3 of the Convention. Minimum wage-fixing machinery. The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), dated 30 August 2012 and 24 September 2014, concerning the application of the Convention. COSYBU considers that the Convention is a dead letter as the inter-occupational guaranteed minimum wage (SMIG) has not been revised since the 1980s. COSYBU indicates that it is regrettable and scandalous to continue to have the SMIG officially fixed at 160 Burundian francs (approximately US$0.10) per day in urban centres and at 105 Burundian francs (approximately US$0.07) per day in rural areas, and asks the Government to readjust the SMIG level as a matter of urgency. In this connection, the Committee recalls the Government’s indications in earlier reports that the readjustment of the national minimum wage is part of the broader revision process of the Labour Code and also conditional on the preparation of a preliminary study in this matter. Under these circumstances, the Committee is obliged to conclude that the minimum wage fixing process provided for in sections 74 (Ministerial ordinances fixing minimum wages ensuring fair remuneration to workers) and 249 (annual revision of the minimum wages by the Tripartite National Labour Council) of the Labour Code is no longer implemented in practice. The Committee requests the Government to transmit any comments it may wish to make in response to the observations of COSYBU. The Committee also asks the Government to take all necessary measures in order to reactivate the minimum wage fixing process in full consultation with the social partners and proceed to the long overdue readjustment of the inter-occupational guaranteed minimum wage.

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

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

Repetition

Article 3 of the Convention. Minimum wage-fixing machinery. The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), dated 30 August 2012, concerning the application of the Convention. COSYBU considers that the Convention is a dead letter as the inter-occupational guaranteed minimum wage (SMIG) has not been revised since the 1980s. COSYBU indicates that it is regrettable and scandalous to continue to have the SMIG officially fixed at 160 Burundian francs (approximately US$0.10) per day in urban centres and at 105 Burundian francs (approximately US$0.07) per day in rural areas, and asks the Government to readjust the SMIG level as a matter of urgency. In this connection, the Committee recalls the Government’s indications in earlier reports that the readjustment of the national minimum wage is part of the broader revision process of the Labour Code and also conditional on the preparation of a preliminary study in this matter. Under these circumstances, the Committee is obliged to conclude that the minimum wage fixing process provided for in sections 74 (Ministerial ordinances fixing minimum wages ensuring fair remuneration to workers) and 249 (annual revision of the minimum wages by the Tripartite National Labour Council) of the Labour Code is no longer implemented in practice. The Committee requests the Government to transmit any comments it may wish to make in response to the observations of COSYBU. The Committee also asks the Government to take all necessary measures in order to reactivate the minimum wage fixing process in full consultation with the social partners and proceed to the long overdue readjustment of the inter-occupational guaranteed minimum wage.

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

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

Repetition

Article 3 of the Convention. Minimum wage fixing machinery. The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), dated 30 August 2012, concerning the application of the Convention. COSYBU considers that the Convention is a dead letter as the interoccupational guaranteed minimum wage (SMIG) has not been revised since the 1980s. COSYBU indicates that it is regrettable and scandalous to continue to have the SMIG officially fixed at 160 Burundian francs (approximately US$0.10) per day in urban centres and at 105 Burundian francs (approximately US$0.07) per day in rural areas, and asks the Government to readjust the SMIG level as a matter of urgency. In this connection, the Committee recalls the Government’s indications in earlier reports that the readjustment of the national minimum wage is part of the broader revision process of the Labour Code and also conditional on the preparation of a preliminary study in this matter. Under these circumstances, the Committee is obliged to conclude that the minimum wage fixing process provided for in sections 74 (Ministerial ordinances fixing minimum wages ensuring fair remuneration to workers) and 249 (annual revision of the minimum wages by the tripartite National Labour Council) of the Labour Code is no longer implemented in practice. The Committee requests the Government to transmit any comments it may wish to make in response to the observations of COSYBU. The Committee also asks the Government to take all necessary measures in order to reactivate the minimum wage fixing process in full consultation with the social partners and proceed to the long overdue readjustment of the interoccupational guaranteed minimum wage.

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

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Article 3 of the Convention. Minimum wage fixing machinery. The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), dated 30 August 2012, concerning the application of the Convention. COSYBU considers that the Convention is a dead letter as the interoccupational guaranteed minimum wage (SMIG) has not been revised since the 1980s. COSYBU indicates that it is regrettable and scandalous to continue to have the SMIG officially fixed at 160 Burundian francs (approximately US$0.10) per day in urban centres and at 105 Burundian francs (approximately US$0.07) per day in rural areas and asks the Government to readjust the SMIG level as a matter of urgency. In this connection, the Committee recalls the Government’s indications in earlier reports that the readjustment of the national minimum wage is part of the broader revision process of the Labour Code and also conditional on the preparation of a preliminary study in this matter. Under these circumstances, the Committee is obliged to conclude that the minimum wage fixing process provided for in sections 74 (Ministerial ordinances fixing minimum wages ensuring fair remuneration to workers) and 249 (annual revision of the minimum wages by the tripartite National Labour Council) of the Labour Code is no longer implemented in practice. The Committee requests the Government to transmit any comments it may wish to make in response to the observations of COSYBU. The Committee also asks the Government to take all necessary measures in order to reactivate the minimum wage fixing process in full consultation with the social partners and proceed to the long overdue readjustment of the interoccupational guaranteed minimum wage.

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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

Article 1(1) of the Convention. Minimum wage fixing machinery. The Committee notes the information contained in the Government’s last report, particularly that the current revision of the Labour Code also includes the adjustment of the national minimum wage. It also notes the Government’s statement that the modalities of the technical assistance which might be needed for the preparation of a study relating to the adjustment of minimum wages will be brought to the knowledge of the Office. In this respect, the Committee wishes to recall the importance of periodically revising the level of minimum wages with a view to ensuring a decent standard of living for low-paid workers. Otherwise, the minimum wage system would risk becoming a pure formality and losing its relevance as a tool for combating poverty and promoting social protection. The Committee requests the Government to continue to provide information on all measures taken in this respect and to transmit copies of any newly adopted texts.

In addition, the Committee notes the information concerning the number of workers covered by the Convention (60,000 workers in the industrial enterprises, including day workers) as well as the indication that most of the infringements identified by the labour inspection services are brought before the courts for litigation. It also notes the information on the determination of the minimum interoccupational guaranteed wage (SMIG) in the private sector by reference to the minimum pay rate prevailing in the construction sector, which is set at 1,500 Burundian francs (approximately US$1.5) per day in Bujumbura, and 700 Burundian francs (approximately US$0.7) per day everywhere else, by virtue of an unwritten sectoral collective agreement. The Committee also notes that the national inter-professional collective agreement of 3 April 1980, as well as different enterprise agreements establish seniority bonuses and merit supplements which allow for a pay rise of about 7 per cent per year in the enterprises. The Committee requests the Government to continue to provide general information on the practical application of the Convention or any other official document concerning the functioning of the minimum wage fixing machinery.

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The Committee notes the information contained in the Government’s report, particularly that the current revision of the Labour Code also includes the adjustment of the national minimum wage. It also notes the Government’s statement that the modalities of the technical assistance which might be needed for the preparation of a study relating to the adjustment of minimum wages will be brought to the knowledge of the Office. In this respect, the Committee wishes to recall the importance of periodically revising the level of minimum wages with a view to ensuring a decent standard of living for low-paid workers. Otherwise, the minimum wage system would risk becoming a pure formality and losing its relevance as a tool for combating poverty and promoting social protection. The Committee requests the Government to continue to provide information on all measures taken in this respect and to transmit copies of any newly adopted texts.

In addition, the Committee notes the information concerning the number of workers covered by the Convention (60,000 workers in the industrial enterprises, including day workers) as well as the indication that most of the infringements identified by the labour inspection services are brought before the courts for litigation. It also notes the information on the determination of the minimum interoccupational guaranteed wage (SMIG) in the private sector by reference to the minimum pay rate prevailing in the construction sector, which is set at 1,500 Burundian francs (approximately US$1.5) per day in Bujumbura, and 700 Burundian francs (approximately US$0.7) per day everywhere else, by virtue of an unwritten sectoral collective agreement. The Committee also notes that the national inter-professional collective agreement of 3 April 1980, as well as different enterprise agreements establish seniority bonuses and merit supplements which allow for a pay rise of about 7 per cent per year in the enterprises. The Committee requests the Government to continue to provide general information on the practical application of the Convention or any other official document concerning the functioning of the minimum wage fixing machinery.

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The Committee notes the report supplied by the Government, according to which all the partners in the labour market feel the urgency of adjusting the minimum wages fixed by Ministerial Ordinance No. 100/116 of 30 April 1988 and consider that carrying out a study is a preliminary stage in determining the new guaranteed minimum inter-occupational wage. However, the Government refers to a problem relating to the financing of such a study. While calling attention to the possibility of having recourse to the technical assistance of the International Labour Office in this respect, the Committee calls upon the Government to take every measure without further ado with a view to achieving the full application of the Convention. It once again emphasizes that the minimum wage fixing machinery established by the legislation must be applied effectively in view of the fundamental objective of the Convention, which is to ensure that workers earn a minimum wage that guarantees them a decent living standard.

Furthermore, noting that the report provided by the Government does not provide the information requested previously, the Committee hopes that the Government will be in a position to provide with its next report, in accordance with Article 5 of the Convention and Part V of the report form, general information on the application of the Convention in practice, including: (i) the SMIG and the minimum rates of wages fixed for the various categories of workers; (ii) an indication on the approximate numbers of workers covered by the minimum wage regulations; and (iii) the results of inspection visits (violations reported, sanctions imposed, etc.). Finally, the Committee requests the Government, in view of the importance of collective agreements in the determination of minimum wages, to continue to keep it informed of any development in this respect, particularly by providing copies of the collective agreements in force in the various sectors determining the minimum wages applicable to them.

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The Committee notes the information supplied by the Government in its reports. The Government indicates that, pursuant to Ministerial Ordinance No. 650/11 of 30 April 1988, the guaranteed interoccupational minimum wage (SMIG) has been increased to 160 Burundi francs (FBu) per day in the Gitega and Bujumbura city areas and to 105 FBu per day in rural areas. The Committee notes that, according to the Government, the minimum wage fixed by the Ministerial Ordinance of 1988 being well behind the current cost of living, no national enterprises pay wages lower than the minimum rates. The Committee recalls that section 249(1) of Legislative Decree No. 1/037 of 7 July 1993 revising the Labour Code requires the National Labour Council to study all the elements which might be taken as a basis for determining the minimum wage and to review minimum wage rates annually, and asks the Government to indicate any measures taken or envisaged to review minimum wages in order to take account of increases in the cost of living. The Committee further notes that, according to the Government, the Labour Code affords few possibilities of fixing the SMIG by regulation, thus favouring collective agreement. It therefore asks the Government to provide detailed information on wage bargaining in the various branches of activity and the text of any recent collective agreement fixing minimum wages.

Lastly, the Committee would be grateful if the Government would provide, in accordance with Article 5 of the Convention and Part V of the report form, general information on the application of the Convention in practice, including: (i) the SMIG and the minimum rates of wages fixed for the various categories of workers; (ii) available statistics on the number and different categories of workers covered by minimum wage legislation; and (iii) the results of inspection visits (contraventions reported, sanctions imposed, etc.).