Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the observations of the Congress of Labour and Brotherhood of Rwanda (COTRAF–RWANDA) on the application of the Convention, received in 2018.

Articles 1 and 3(2) of the Convention. Minimum wage-fixing machinery. Consultation of employers’ and workers’ organizations. Further to its previous comments requesting the Government to take all necessary steps in order to accelerate the process of determining – in consultation with employers’ and workers’ organizations – minimum wage rates, the Committee notes that, despite the Government’s previous indications that a draft law determining minimum wage rates was pending adoption, the Government once again refers in its report to a 2015 study on the matter and to ongoing consultations. The Government also refers to legislative revisions under way. The Committee notes that COTRAF–RWANDA emphasizes that there is still no appropriate minimum wage-adjusting mechanism in place to respond to the rising cost of living and inflation in the country. In this respect, the Committee notes the adoption of Act No. 66/18 of 30 August 2018 issuing the labour regulations of Rwanda (Labour Code), section 68 of which provides for the determination of the minimum wage through a decree issued by the competent minister. The Committee also notes that the National Labour Council is responsible for proposing, or issuing an opinion on, the determination and adjustment of minimum wage rates, under section 3 of Decree No. 125/03 of 25 October 2010. The Committee notes with regret, however, that according to information available, the new minimum wage rates have still not been determined and recalls that the last adjustment to these rates was in 1980. The Committee expresses the firm hope that the ministerial decree determining the minimum wage under section 68 of the new Labour Code will be adopted promptly, and requests the Government to take all necessary measures in this regard. In addition, it requests the Government to provide detailed information on the consultations held in this regard, including on the role played by the National Labour Council. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance.

Article 4. Sanctions. The Committee notes that the Labour Code does not provide for sanctions in the case of non-respect of the provisions of national legislation concerning the minimum wage. The Committee requests the Government to ensure that the determination of the minimum wage rates will be coupled with the implementation of a system of sanctions in order to ensure that the wages actually paid are not lower than the minimum rates determined; and to provide information in this regard.

[The Government is asked to reply in full to the present comments in 2020.]