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

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Togo (Ratification: 1960)

Article 3 of the Convention. Readjustment of minimum wage rates. The Committee notes that, under Order No. 009/2012/MTESS/DGTLS of 11 May 2012, the guaranteed minimum interoccupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) have been increased from 28,000 CFA francs (XOF) per month (approximately US$55) to XOF35,000 per month (approximately $70), or to a rate of XOF201.92 per hour (approximately $0.40). The Committee also notes the Government’s indications that the new rate was fixed so as to align it to the reference pay scale for various categories established by the interoccupational collective agreement signed in December 2011. The Government adds that, in the absence of studies prior to the determination of the minimum wage under the terms of the agreement, the social partners took account of the elements of section 121 of the Labour Code in the negotiations for the minimum wage rate, namely the needs of workers and their families, the general level of wages in the country, the cost of living and fluctuations therein, social security benefits, economic factors, economic development requirements, productivity and employment levels. The Committee requests the Government to provide further information on the manner in which the elements listed in the Labour Code are taken into account when readjusting the minimum wage. The Committee also requests the Government to indicate whether periodic studies of the economic and social situation of the country are undertaken in order to facilitate the readjustment of the minimum wage at intervals and, if so, to send a copy thereof.

Article 4. System of supervision and penalties. The Committee notes the information contained in the Government’s report on the reinforcement of the capacities of the labour inspectorate in order to ensure enforcement of the regulations. Observing that the country is still experiencing problems in practice regarding the observance of the regulations in force concerning the minimum wage, the Committee requests the Government to supply information on the results of inspections, indicating, in particular, the number of inspections, infringements of the regulations concerning the minimum wage and the penalties imposed.