Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Guinea (Ratification: 1966)

Articles 1 and 3 of the Convention. Establishment of minimum wage fixing machinery. The Committee notes the Government’s indications that the national legislation does not regulate the agricultural sector. In this respect, the Committee however observes that, in accordance with section 1, the Labour Code of 1988 is applicable to workers and employers exercising their professional activity throughout the Republic of Guinea, and that agricultural workers are not therefore excluded. It also notes with interest the draft new Labour Code, the scope of application of which is extended to persons engaged in an economic activity outside an employment relationship, and section 241.7 of which provides for the fixing by decree, following an opinion by the Advisory Commission on Labour and Social Legislation, of a minimum guaranteed inter-occupational wage (SMIG). The Committee notes that negotiations are currently being held with a view to determining the amount of the SMIG. It hopes that the SMIG will be applicable to agricultural workers or, if not, that tripartite negotiations will soon lead to the fixing of a guaranteed minimum agricultural wage (SMAG) so that the many agricultural workers in the country are not deprived of all protection in relation to minimum remuneration, which is one of the fundamental aspects of decent work. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure the adoption of minimum wage fixing machinery for the agricultural sector.

The Committee also notes the Government’s indication that Convention No. 99 is not on the list of up-to-date Conventions. In this respect, the Committee draws the Government’s attention to the fact that, on the basis of the recommendations of the Working Party regarding Policy on the Revision of Standards, the ILO Governing Body included Convention No. 99, among the instruments that are not completely up to date, but remain pertinent in certain respects (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The most recent instrument in this field is the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements in relation to Convention No. 99, including a broader scope of application, the need for a complete system of minimum wages and the enumeration of criteria for determining the level of minimum wages. The Committee therefore invites the Government to examine the possibility of ratifying Convention No. 131 and requests it to keep the Office informed of any decision that may be taken in that respect.