Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Niger

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1961)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 1980)

In order to provide an overview of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 131 (minimum wage) and 95 (protection of wages) in the same comment.

A.Minimum wage

Articles 3 and 4 of Convention No. 131. Elements to be considered in determining minimum wage levels. Machinery for fixing and adjusting minimum wages. The Committee previously noted that the level of the guaranteed inter-occupational minimum wage (SMIG) had not been revised since 2012. It asked the Government to provide information on the work of the Labour and Employment Advisory Committee (CCTE) on this issue, and on the manner in which socio-economic criteria will be taken into account during the forthcoming examination of the SMIG rate. In this regard, the Committee notes that, according to the Government’s report, the CCTE has not yet been convened for the work on the elements to be used as a basis for determining the minimum wage level and for the study of the minimum living wage and general economic conditions, as provided for in section 260 of the Labour Code. The Committee requests the Government to provide information on the measures taken to undertake as soon as possible the examination of the SMIG rate and its readjustment. The Committee also requests the Government: (i) to provide information on any new developments regarding the forthcoming examination of the SMIG rate and on the consultations due to take place with the social partners in this regard; and (ii) to indicate the manner in which socio-economic criteria will be taken into account during the forthcoming examination.

B.Protection of wages

Article 8(1) of Convention No. 95. Deductions from wages. The Committee previously noted section 180 of the Labour Code, under which deposits (consignations) may be envisaged in individual labour contracts, and asked the Government to provide information on these deposits and on the conditions and limits under which they can be the subject of deductions from wages. In this regard, the Committee notes the Government’s indication that conditions and limits regarding deposits are determined by section 172 of the Labour Code, which provides that in the event of any dispute over the cancellation or termination of a contract, the employer can secure from the labour tribunal president the deposit to the tribunal secretariat of all or part of the seizable portion of the sums due. The Government also indicates that the non-seizable portion of the wage is thus preserved. However, the Committee observes that section 172 of the Labour Code is only concerned with situations involving the cancellation or termination of a contract. The Committee requests the Government to clarify whether the deposits (consignations) envisaged under section 180 of the Labour Code can be the subject of deductions from wages, apart from the situations covered by section 172 of the Labour Code.