Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Protection of Wages Convention, 1949 (No. 95) - Congo (Ratification: 1960)

The Committee recalls that, following the adoption of the report of the Committee set up to examine the representation made by the Trade Union Confederation of Congo Workers (CSTC) (268th Session of the Governing Body, March 1997), the Governing Body invited the Government to supply detailed information on: (i) the regular payment of the wages of public officials and workers in public or state-owned enterprises; (ii) the payment of the arrears of wages for the period 1992-96, including details of the number of employees concerned, the nature and amount of the wages owed, and the number and nature of the administrations and enterprises concerned in the non-payment of wages for that period as well as the amount of payment already made; (iii) the implementation - or otherwise - of the proposal made by the Government in April 1994 to ensure the payment of wages due and on the methods of reimbursement of arrears; and (iv) the final settlement of all sums due not only to the officials whose case has been submitted to the Administrative Appeals Committee but also to the workers of public or state-owned enterprises that have closed down.

In its report, the Government states that: (i) concerted measures to reduce wages and benefits in proportion to the reduction in working time have made it possible to re-establish the regular payment of wages of officials and other employees in public enterprises covered by the state budget, but the Government indicates that, due to the war which occurred in the country in 1997, it is not managing to pay the wages of public officials regularly; (ii) the wages due for the period between 1992 and 1996 in the public service, which were going to be paid progressively as from 1997 as a function of the availability of funds, have unfortunately not been paid. It also indicates that all public officials active during that period, as well as officials in public enterprises covered by the state budget, are affected by these arrears; (iii) the payment of wages due is safeguarded by arrears being taken into account in the internal debt of the State. Reimbursement will be made in part in cash, and the rest by issuing vouchers which may be presented at the cash desks of the public Treasury for payment; (iv) the Government has not yet completed its examination of the conclusions of the Administrative Appeals Committee on the issue of the irregular public officials struck off the public service register. Former workers in public enterprises or enterprises owned by the State which have been closed regularly receive from the State the sums due in payment of their entitlements.

The Committee notes this information and requests the Government to take the appropriate measures to resolve as rapidly as possible the situation with regard to the irregular payment of the wages of state employees, and to pay the wages due for the period between 1992 and 1996 in the public service.

Furthermore, the Committee recalls that it requested the Government to indicate the measures taken to ensure the payment of the sums due to employees of COMILOG, thereby giving effect to the recommendations adopted by the Governing Body with regard to the representation made by the International Organization of Energy and Mines (OIEM) (265th Session of the Governing Body, March 1996). In reply to the request made by the Committee in its observation of 1997, which was repeated in 1998, the Government states that, in view of the socio-political events in the country, it was unable to follow up this matter with due attention. The Committee hopes that the Government will soon be in a position to take measures intended to enable former employees of COMILOG to recover promptly all sums due to them. The Committee requests the Government to provide all available information on the measures adopted to ensure the recovery of the sums due to these workers.