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Articles 3 and 4 of the Convention. Adjustment of minimum wages. The Committee notes that in reply to the assertions of the General Confederation of Labour-Liberty (CGT-Liberté) of Cameroon concerning workers’ representatives on the National Advisory Labour Board (CNCT), the Government indicates that these representatives were appointed by the trade unions to which they belong and that their status within the Board may not be challenged before their mandate expires. The Committee requests the Government to provide further particulars of how members of the Board are appointed. Furthermore, the Committee notes with regret that the Government has not answered the CGT-Liberté’s observations regarding the failure to review the pay scales in certain sectors by the dates prescribed in the applicable collective agreements. It requests the Government to send information on this matter to the Office. With reference to its previous direct request, the Committee again asks the Government to specify whether the standing committee set up under the CNCT and responsible for issuing opinions and proposals on problems falling within the CNCT’s remit, is made up of an equal number of employers’ and workers’ representatives. As to the alignment of the minimum wage level and the cost of living in Cameroon, the Committee notes the report “Trends, profile and determinants of poverty in Cameroon in 2007”, published by the National Institute of Statistics. According to this report, the monetary poverty threshold in 2007 – i.e. before the last increase in the guaranteed interoccupational minimum wage (SMIG) – was 22,454 CFA francs (approximately US$51) per month. The report concluded that a worker earning only the SMIG (23,500 CFA francs, or approximately US$53.50, at the time), living alone and receiving no additional income in kind struggled to meet his critical needs and dropped into poverty as soon as he had to support an additional person in his household. The Committee requests the Government to send all available up to date information on this subject, together with information on the economic and social indicators taken into account in adjusting the amount of the SMIG.
Part V of the report form. Practical application. The Committee notes the information sent by the Government regarding the resumption of training for administrators and labour controllers at the National School of Administration and the Magistrature, and the information that labour inspectors are to have increased resources. With regard to the strength and means of action of the labour inspection services and the organization and working of these services, the Committee requests the Government to refer to its comments under the Labour Inspection Convention, 1947 (No. 81). The Government is also asked to provide information on the number of workers receiving the SMIG and on the extent to which the SMIG keeps pace with inflation. Lastly, the Committee asks the Government to provide information on the measures taken by the labour inspection services to enforce the minimum wage, particularly in the sectors where inspection is the most difficult to carry out (including domestic work).
Articles 3 and 4 of the Convention. Adjustment of minimum wages. Further to its previous comments, the Committee notes with interest the adoption of Decree No. 2008/2115 of 24 June 2008 which increases the level of the guaranteed minimum inter-occupational wage (SMIG) to CFA28,216 (approximately US$55) per month. It also notes the Order of the Minister of Labour and Social Security No. 0021/MINTSS/SG/DRP/SDCS of 30 June 2008 determining the scope of application of the SMIG and the Decision of the Minister of Labour and Social Security No. 1/MINTSS/CAB of 9 April 2008 establishing a tripartite permanent committee within the National Labour Advisory Commission (CNCT) to prepare proposals on all matters within the mandate of the CNCT. The Committee requests the Government to provide additional information regarding the social and economic indicators which were taken into account in the process of readjusting the SMIG rate. It also asks the Government to specify whether the permanent committee established under the CNCT is composed of an equal number of employers’ and workers’ representatives.
In addition, the Committee notes the comments of the General Confederation of Labour - Liberty of Cameroon (GCL-Liberty), dated 20 October 2008, concerning the application of the Convention. The GCL-Liberty considers that the current sessions of the CNCT are simply a mockery set up by Government-appointed members with no legitimacy or representativeness. The GCL-Liberty also states that the collectively agreed wage scales attached to the Government’s report are not applied or not revised after the expiry of the relevant collective agreements. Moreover, the GCL-Liberty denounces the insufficient number of labour inspectors and the lack of resources necessary to fulfil their mission. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of GCL-Liberty.
Part V of the report form. The Committee notes the wage scales contained in the various sectoral collective agreements that were attached to the Government’s report, for instance the collective agreement for road transport, stockpiling and distribution of oil products, and construction and public works. The Committee would be grateful if the Government would continue to 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; data on the evolution of the minimum wage, as compared to the evolution of economic indicators such as the inflation rate; copies of relevant collective agreements; labour inspection results showing the number of visits carried out, violations recorded and sanctions imposed; copies of official documents or studies on minimum wage policy, such as activity reports of the National Labour Advisory Commission or economic surveys serving as basis for relevant discussions, etc.
The Committee notes that in reply to the comments made in 2006 by the General Union of Cameroon Workers (UGTC), the Government confirmed in its report that the guaranteed minimum inter-occupational wage (SMIG), which was set at CFA23,514 (approximately 36 euros) per month by Decree No. 95/099/PM, of 15 February 1995, no longer corresponds to the current cost of living. It also notes that this issue will be placed on the agenda of the next meeting of the National Labour Advisory Commission (CNCT), which is currently being prepared. However, the Committee notes that according to the UGTC, the CNCT has not met for many years. It also notes the UGTC’s new comments, received on 21 August 2007 and transmitted to the Government on 13 September 2007, according to which the Government has made no effort to convene the CNCT. The Committee further notes that the Government has not replied to the allegations made by the UGTC concerning the failure to adjust minimum wages in collective agreements and the payment of wages below the SMIG. The Committee requests the Government to provide a detailed reply to its previous comments on this point and on the other issues raised. The Government is requested in particular to provide further information on the steps taken with a view to convening the CNCT in order to adjust the SMIG.
[The Government is asked to reply in detail to the present comments in 2008.]
The Committee notes the information provided in the Government’s report and also notes the documents attached. It would, however, like to receive further details on the following points.
Article 2, paragraph 2, of the Convention. Fixing of minimum wages through collective agreement. The Committee notes the category-specific wage scales attached to the Government’s report. It also notes, however, that no information has been provided on category-specific minimum wages that have been set by decree pursuant to section 55 of the Labour Code. The Committee asks the Government to indicate whether it has, in the absence of any collective agreement, set or extended, by decree, the minimum wage rate.
Article 3. Criteria for determining the minimum wage. The Committee notes the information according to which the National Advisory Committee on Labour (CNCT) takes the criteria listed in Article 3 of the Convention into account when it gives its advice prior to the signing of the decree fixing the guaranteed minimum interoccupational wage (SMIG). The Committee asks the Government to provide the legislative texts that establish the criteria to be used as the basis for determining the minimum wage.
Article 4, paragraph 1. Readjustment of the minimum wage. The Committee has learnt, through various sources of information, that the country’s different trade unions have given notice of general strike action, in the public and private sectors, in protest against poverty and to demand a 30 per cent readjustment in public service wages so as to cope with the increase in the prices of basic commodities. In this regard, the Committee notes that the SMIG has not been reviewed since 1995 and that it stands at 23,514 CFA francs (approximately US$47) per month. The Committee wishes to recall that the minimum wage fixing system is effective only if it gives rise to a readjustment of the minimum wage taking into consideration the socio-economic situation of the country. If not, the system risks being reduced to a mere formality and becomes ineffective as a means of combating poverty and as a means of social protection. The Committee asks the Government to indicate whether the current SMIG rate provides a decent standard of living for non-skilled workers and whether the Government plans to review this rate in the near future.
Furthermore, the Committee notes the comments made by the General Union of Cameroon Workers (UGTC), according to which, even though collective agreements fix minimum wages at levels higher than the SMIG, certain branches of activity have not yet revised their collective agreement, and the salaries granted are below the minimum wage. The UGTC also points out that the Cameroonian SMIG is the lowest in Africa and proposes that it be renegotiated within the framework of the CNCT, which has not met for many years. The Committee asks the Government to transmit its comments on the UGTC’s observations.
Article 4, paragraph 3. Participation of the social partners. The Committee notes the Government’s indication that the regulations concerning the organization and operation of the CNCT are in the process of being drafted. Recalling the central role of the CNCT in the functioning of the system that establishes the SMIG, the Committee hopes that the abovementioned regulations will be adopted in the very near future and asks the Government to provide copies of these regulations once they have been adopted.
Article 5 and Part V of the report form. The Committee notes the indication that statistics on the numbers of workers covered by the SMIG are currently being produced through the setting up of a statistical database and will be communicated as soon as they are available. The Committee asks the Government to continue providing general information on the application of the Convention, such as labour inspection service reports, details of the number and nature of the violations reported and the penalties imposed and any other relevant information on the minimum wage.
The Committee notes the report provided by the Government.
Article 2, paragraph 2, of the Convention. The Committee notes the Government’s statement in its report that since 1999 the revision of collective agreements has started to occur in reality and that the social partners use this means to fix minimum wages at rates that are significantly higher than those of the guaranteed minimum interoccupational wage (SMIG). It requests the Government to provide copies of all the minimum wage scales fixed by collective agreement that are currently in force and the various occupational categories to which these wage scales are applicable. It also requests the Government to indicate whether it has had occasion to avail itself of the provisions of section 55 of the Labour Code authorizing it to set minimum wages for specific categories by decree or to extend the application of minimum wages applicable in an allied trade in the event of the non-existence or shortcomings of employers’ and workers’ organizations resulting in a persistent inability to conclude a collective agreement.
Article 3 (in conjunction with Article 4, paragraph 1). The Committee notes the indication made by the Government in reply to its previous direct request that the subsistence needs of workers’ families were taken into consideration when the SMIG was last determined in 1995, although its level was set taking into consideration the constraints imposed by structural adjustment. The Government states in this respect that it took into consideration, among other elements, price levels at the time. While requesting the Government to provide copies of the legal texts setting forth the elements to be taken into consideration for the purpose of determining the rate of SMIG, the Committee recalls that the national machinery established in accordance with the Convention is not only intended to allow for the fixing of the minimum wage rate, but also its adjustment from time to time in accordance with clear criteria established in advance for this purpose. The Committee considers that in practice minimum wage fixing machinery would have no purpose if it did not allow for the adjustment of minimum wages so as to maintain them at an adequate level in relation to the economic and social conditions of the country. It is therefore also necessary, on the one hand, to provide in national laws or regulations for the adjustment of minimum wage rates as a function of the various elements established therein and, on the other, to implement them effectively in the manner deemed appropriate by the competent authorities. In this respect, the Committee does not have information on the existence of national machinery applicable to the adjustment of minimum wages. It also notes that the SMIG has not been adjusted since 1995. Nevertheless, it believes that since that date the country has experienced inflation of over 20 per cent. While recalling that, according to the Government’s report, the subsistence needs of workers and their families were estimated as a function of the price levels in 1995, the Committee trusts that the Government will take the necessary measures to ensure that the rate of the SMIG better reflects current economic and social conditions, and particularly fluctuations in the cost of living. The Committee agrees with the Government concerning the need to take into account the constraints of structural adjustment, but recalls the obligations incumbent upon it to ensure the participation of the social partners in the national machinery for fixing and adjusting minimum wages, which are playing an increasingly important role as a safety net in the social protection of workers, as recalled by the Committee in paragraph 341 of its General Survey of 1992 on minimum wages, which means that they have to maintain their purchasing power in relation to a basic basket of consumer products.
Article 4, paragraph 3. The Committee notes that, by virtue of section 119(2) of the Labour Code, the arrangements for the organization and operation of the National Labour Advisory Commission and the committees established under its aegis shall be determined by regulation. It requests the Government to indicate whether such legal texts have been adopted and, if so, to provide copies thereof with its next report. The Committee would also be grateful if the Government would provide on the same occasion any recent opinions issued or studies undertaken by the National Labour Advisory Commission relating to minimum wages.
Article 5 and Part V of the report form. The Committee would be grateful if the Government would keep it informed of the manner in which the Convention is applied in practice, for example by providing general information in this respect for all the sectors of the economy, including agriculture, recent statistics on the number and various categories of workers covered by the SMIG regulations, and the results of inspections carried out, with an indication of the number and nature of the infringements reported and the sanctions imposed.
The Committee notes the information supplied in the Government's report in reply to its previous comments. It also notes the detailed information contained in the general report of the awareness-raising seminar on the application of the guaranteed interoccupational minimum wage in a context of economic crisis.
Article 3 of the Convention. The Committee notes in particular the Government's statement to the effect that the guaranteed interoccupational minimum wage (SMIG), established under section 62(1) of the Labour Code, amounts to 23,514 CFA francs and that it has been fixed taking into account the economic crisis, the lack of skills of workers when they are recruited and the cost of living, taking into consideration the current economic situation. It also notes the information contained in the above general report concerning the criteria for the fixing and evaluation of the minimum wage, which include such elements as the nature of activity or service, conditions of work and professional aptitude. The Committee wishes to refer to paragraph 281 of its 1992 General Survey on minimum wages in which it recalls that the minimum wage implies that such a wage must be sufficient for the subsistence needs of workers and their families. It requests the Government to indicate the extent to which the criteria of the subsistence needs of families are taken into account in the determination of the SMIG that is in force.
Article 2, paragraph 1, in conjunction with Article 5 and point V of the report form. The Committee notes the Government's statement to the effect that no inspection report has noted violations of the application of the SMIG. It requests the Government, in accordance with these provisions of the Convention, to continue supplying general information on the manner in which the Convention is applied in practice, including the agricultural sector, for example: (i) the evolution of the SMIG; (ii) available statistical data on the occupations and number of workers covered by the SMIG; and (iii) the results of inspections (cases of violations reported, sanctions imposed, etc.).
The Committee notes with regret that the Government's report has not been received, notwithstanding that the Government was asked to report in detail in 1996. 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 points raised in its previous direct request:
Article 4 of the Convention. The Committee asks the Government to provide information on any minimum wages that have been fixed or adjusted under either section 55 or section 62(1) of the Labour Code.
Article 5. The Committee noted the indication in the Government's earlier report that the labour inspectorate had made no observations. It asks the Government to indicate whether any infringements of the minimum wage provisions in force were recorded by the inspectorate during the period covered by the report. The Committee would be grateful if the Government would continue to provide information on the labour inspectorate's activities in applying minimum wage provisions including, for example, extracts of labour inspection reports (point V of the report form).
The Committee notes that the Government's report does not contain a reply to its previous comments. It hopes that the next report will contain full information on the following points which were raised in its previous direct request:
[The Government is asked to report in detail in 1996.]
The Committee notes the Government's report and the new Labour Code (Act No. 92/007 of 14 August 1992).
Article 5. The Committee notes the indication in the Government's report that the labour inspectorate has made no observations. It asks the Government to indicate whether any infringements of the minimum wage provisions in force were recorded by the inspectorate during the period covered by the report. The Committee would be grateful if the Government would continue to provide information on the labour inspectorate's activities in applying minimum wage provisions including, for example, extracts of labour inspection reports (point V of the report form).