Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Senegal

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1960)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1960)
Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) (Ratification: 1962)

Previous comments: C.26, C.99 and C95

In order to provide a comprehensive view of the issues related to the application of ratified conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (Minimum Wage-Fixing Machinery), 95 (Protection of Wages) and 99 (Minimum Wage-Fixing Machinery) together.

Minimum wages

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage fixing machinery. In response to the Committee’s previous comment, the Government indicates that Decree No. 2019-103 fixing the guaranteed minimum interoccupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) as of 1 June 2018, was signed on 16 January 2019. The Government adds that in June 2023 the social partners proposed an 11 per cent increase for the SMIG and the SMAG. The Committee notes that Decree No. 2023-1710 fixing the SMIG and the SMAG applicable with effect from 1 July 2023 was adopted on 7 August 2023 and that it validated the proposed increase of 11 per cent.

Article 4 of Convention No. 26 and Article 4 of Convention No. 99. Penalties. Noting that neither the Labour Code nor Decree No. 2023-1710 provide for specific penalties in case of failure by the employer to pay the minimum wage, the Committee requests the Government to provide information on the nature and amount of the sanctions applied to ensure wages are not paid at less than the applicable minimum rates.

Protection of wages

Article 2 of Convention No. 95. Scope of application. The Committee requests the Government to indicate how effect is given to the provisions of the Convention in the public service.

Article 15(c). Penalties. The Committee requests the Government to provide information on the penalties imposed on employers in violation of the applicable texts on protection of wages that give effect to the Convention.