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

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Rwanda (Ratification: 1962)

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 of the Convention. Minimum wage rate. The Committee notes the draft ministerial order fixing the guaranteed minimum interoccupational wage (SMIG), under which the amount of the SMIG would be fixed at 1,000 Rwandan francs (US$1.84) per day. Moreover, the Committee notes that, according to the Government’s last report, a scientific study is in progress which will contribute to fixing the minimum wage. It requests the Government to transmit to the Office a copy of this ministerial order once it has been adopted. The Government is also requested to send a copy of the abovementioned scientific study once it is available. Moreover, since this study has not yet been completed, the Government is requested to confirm whether the amount of 1,000 Rwandan francs specified in the draft ministerial order is purely indicative and to explain on what basis this amount has been determined. In this regard, the Committee recalls that, as emphasized in Part III of the Minimum Wage-Fixing Machinery Recommendation, 1928 (No. 30), which supplements the Convention, “for the purpose of determining the minimum rates to be fixed, the wage-fixing body should in any case take account of the necessity of enabling the workers concerned to maintain a suitable standard of living”. While noting that the draft ministerial order fixing the SMIG defines the latter as “the minimum wage common to all occupations, sufficient to guarantee a suitable standard of living to workers by meeting essential needs with regard to clothing, lodging, health and transport”, the Committee requests the Government to supply all relevant information showing in what way the need to ensure a suitable standard of living for the workers concerned is actually taken into account in determining the amount of the SMIG. Moreover, the Committee would be grateful if the Government would indicate whether it plans to establish a mechanism for periodically revising the amount of the SMIG.

Article 3(2)(1). Consultation of employers’ and workers’ organizations. The Committee notes the Government’s statement in its last report to the effect that consultations have taken place, with a view to determining the amount of the SMIG, between the representative employers’ organization (Rwandan Federation of the Private Sector (FRSP)) and workers’ organizations (Confederation of Trade Unions of Rwanda (CESTRAR), the National Council of Free Trade Unions (COSYLI) and the Congress of Labour and Fraternity (COTRAF)). It requests the Government to supply all available information on the outcome of these consultations (for example, summary records of meetings, official positions adopted by the various organizations concerned, etc.), and also on any institutional framework which the Government might consider setting up, if appropriate, in order to hold such consultations on a regular basis (for example, the setting up of a tripartite wages commission).

Part V of the report form. The Committee requests the Government to supply information on the application of the Convention in practice, particularly on minimum wage rates in force in the various sectors of activity; the extent to which the system enables effective poverty reduction, particularly in agriculture, given its importance in the economy of the country; the impact of structural adjustment policies devised by the international financial institutions; monitoring of the observance of minimum wage rates by employers and steps taken to put a stop to any infringements.

In addition, the Committee notes the adoption of Act No. 13/2009 of 27 May 2009 on labour regulation, section 76 of which provides for the determination, by decree of the Minister of Public Service and Labour, of a guaranteed minimum wage for each professional category. The Committee requests the Government to provide information on the application of section 76 of Act No. 13/2009 and to indicate whether the sanctions provided for in section 169 of the Act for failure to comply with its provisions apply also in case of non-payment of the guaranteed minimum wages fixed in accordance with section 76. The Government is also requested to indicate whether it intends to fix minimum pay rates for the categories of workers who are excluded from the scope of application of Act No. 13/2009, in particular persons dealing with family agricultural, breeding, commercial or industrial activities.