Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Burundi (Ratification: 1963)

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 24 August 2020, as well as the Government’s reply.

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. In its previous comments, the Committee recalled that the Labour Code provides that decrees issued by the Minister responsible for labour, after consultation with the National Labour Council (CNT), shall fix wage areas and guaranteed inter-occupational minimum wages (section 74(a)) and that the CNT shall be considering the elements that may serve as a basis for fixing the minimum wage and conducting an annual review of minimum wage rates (section 249(1)). In the absence of information showing that effect has been given to these provisions, the Committee requested the Government to take all the necessary measures to reactivate without delay the minimum wage review process and to provide information in this respect, as well as on the minimum wages applicable by category as fixed by collective agreements in the various branches of activity or in enterprises. The Committee notes the Government’s indication in its report that the necessary measures to reactivate the minimum wage review process have been taken and, in this connection, a note will be sent to the social partners to put forward their views and proposals. It also notes that the COSYBU is calling on the Government to accelerate the minimum wage review process. In its reply, the Government indicates that: (i) the CNT examined this matter and it was considered necessary to prepare a study on the minimum wage; and (ii) the recruitment of a consultant to prepare the study and make concrete proposals was under examination. Finally, the Committee notes that the Government has not provided any information on the minimum wages applicable by category as fixed by collective agreements in the various branches of activity or in enterprises. Noting the lack of tangible progress made in activating the minimum wage-fixing machinery, established in sections 74 and 249 of the Labour Code, and the lack of information regarding the outcome of collective bargaining on the minimum wage, the Committee is bound to repeat its previous requests. It urges the Government to take all the necessary measures to reactivate without delay the minimum wage review process, as provided for in section 249 of the Labour Code, and to provide information in this regard, particularly on any decrees adopted further to this review, pursuant to section 74 of the Labour Code. It also once again requests the Government to provide information on the minimum wages applicable by category as fixed by collective agreements in the various branches of activity or in enterprises.

[The Government is asked to reply in full to the present comments in 2021.]