Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Togo (Ratification: 1960)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 3 of the Convention. Readjustment of minimum wage rates. The Committee notes that, under Order No. 009/2012/MTESS/DGTLS of 11 May 2012, the guaranteed minimum interoccupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) have been increased from 28,000 CFA francs (XOF) per month (approximately US$55) to XOF35,000 per month (approximately $70), or to a rate of XOF201.92 per hour (approximately $0.40). The Committee also notes the Government’s indications that the new rate was fixed so as to align it to the reference pay scale for various categories established by the interoccupational collective agreement signed in December 2011. The Government adds that, in the absence of studies prior to the determination of the minimum wage under the terms of the agreement, the social partners took account of the elements of section 121 of the Labour Code in the negotiations for the minimum wage rate, namely the needs of workers and their families, the general level of wages in the country, the cost of living and fluctuations therein, social security benefits, economic factors, economic development requirements, productivity and employment levels. The Committee requests the Government to provide further information on the manner in which the elements listed in the Labour Code are taken into account when readjusting the minimum wage. The Committee also requests the Government to indicate whether periodic studies of the economic and social situation of the country are undertaken in order to facilitate the readjustment of the minimum wage at intervals and, if so, to send a copy thereof.

Article 4. System of supervision and penalties. The Committee notes the information contained in the Government’s report on the reinforcement of the capacities of the labour inspectorate in order to ensure enforcement of the regulations. Observing that the country is still experiencing problems in practice regarding the observance of the regulations in force concerning the minimum wage, the Committee requests the Government to supply information on the results of inspections, indicating, in particular, the number of inspections, infringements of the regulations concerning the minimum wage and the penalties imposed.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Readjustment of minimum wage rates. In reply to the Committee’s previous comment, the Government indicates in its report that the increase made in 2008 in the guaranteed minimum interoccupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) to 28,000 CFA francs (XOF) per month (approximately US$57) was an emergency measure designed to provide relief for workers faced with the increase in the cost of living and only an in-depth study would make it possible to determine whether this rate is sufficient to ensure a decent standard of living for the least skilled workers and their families. However, the Committee understands that the price of certain basic foodstuffs and energy commodities has increased substantially, resulting in social conflict and strikes in the water, wood and construction, transport, health and agriculture sectors. Moreover, it notes that, according to the Poverty Reduction Strategy Paper for 2009–11 of the International Monetary Fund (IMF) (report No. 10/33 of February 2010, pages 29–30), 74.6 per cent of households consider themselves to be poor and state that they are unable to meet the expenses relating to schooling for their children, payments for health care, clothing, lodging and food. According to this survey, inadequate wages and the irregular payment thereof are quoted as one of the main causes of the deterioration in living conditions for households. Finally, the Committee notes that the National Council for Social Dialogue (CNDS) met in October 2010 and August 2011 to discuss the measures to be taken, especially in relation to wages, in order to improve workers’ living conditions. Recalling that under the terms of section 121 of the Labour Code, account must be taken, in the determination on minimum wage rates, of the needs of workers and their families, general wage levels in the country, the cost of living and fluctuations therein, social security benefits, economic factors, the requirements of economic development, and productivity and employment levels, the Committee requests the Government to provide detailed information on any decision taken or contemplated with a view to the possible readjustment of the amount of the SMIG or SMAG. The Committee would also be interested in receiving a copy of reports and studies used as the basis for any work by the National Council for Labour (CNTLS), prior to any increase in the SMIG or SMAG.

Article 4. System of supervision and sanctions. The Committee understands that many enterprises, especially in the phosphates sector, do not observe the regulations in force regarding the rate of the SMIG. It requests the Government to indicate the measures taken or contemplated with a view to increasing action on the part of the inspection services and thereby ensuring effective and systematic enforcement of the regulations on minimum wages.

Article 5 and Part V of the report form. Application in practice. The Committee notes the difficulties encountered by the Government in the establishment of the database of statistics on inspection activities. It hopes that the Government will soon be in the position to supply general information on the application of the Convention in practice, especially statistics on the number of workers paid the SMIG or SMAG, extracts from reports of the inspection services containing information on the number of reported infringements and the corrective measures taken, copies of collective agreements fixing sectoral minimum wage rates, and also any official documents or studies dealing with wage policy issues which would enable an evaluation of the manner in which the Convention is applied.

Finally, noting that the national legislation relating to minimum wages appears to be largely in conformity with the requirements of the Minimum Wage Fixing Convention, 1970 (No. 131), the Committee again requests the Government to consider ratifying this instrument and requests it to keep the Office informed of any decision taken or contemplated in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Article 3 of the Convention. Fixing and adjustment of minimum wage rates. With reference to its previous comments, the Committee notes with interest that the Government, on the recommendation of the National Council on Labour and Labour Legislation, raised the guaranteed minimum inter-occupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) from 13,757 CFA francs to 28,000 CFA francs (approximately 42 euros) per month, an increase of over 100 per cent. The Government explains in its report that the legal minimum wage rates in force dated from 1990 and that, 18 years later, purchasing power has been severely eroded by the devaluation of the franc. In addition, the global economic situation has seriously aggravated this already difficult situation. The Government adds that, in order to enable all social strata to cope with the increasing cost of living, it has also decided to adopt support measures in order to provide relief for workers and help with household costs. The Committee requests the Government to continue supplying information on the operation of the National Council on Labour and Labour Legislation and on any readjustment of the SMIG and SMAG. It would also be grateful if the Government would indicate to what extent the current minimum wage rates are sufficient to ensure a decent standard of living for the least skilled workers and their families.

Article 5 and Part V of the report form. Application in practice. The Committee notes that the Government is establishing machinery enabling it to have reliable and up to date statistics on minimum wage rates and also on the nature of violations reported and penalties imposed. To this end, the Government is requesting technical assistance from the ILO in order to establish a statistical database on the activities of the inspection services. The Committee hopes that the Government will be able to supply in its next report specific information on the practical application of the Convention, including, for example, extracts from the reports of the inspection services indicating the number of infringements reported with regard to the minimum wage, the number of workers covered by the relevant legislation, copies of collective agreements containing clauses relating to the minimum wage, etc.

Finally, the Committee draws the Government’s attention to the conclusions adopted by the ILO Governing Body concerning the relevance of the present Convention, on the basis of the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). Specifically, the Governing Body decided to classify Convention No. 26 as one of the instruments which are no longer entirely up to date but remain relevant in certain respects. The Committee therefore suggests that the Government consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents some progress in relation to older instruments relating to the fixing of the minimum wage, for example in terms of the wider scope of the general obligation to establish a system of minimum wages and the obligation to establish criteria for fixing and adjusting minimum wage rates. The Committee requests the Government to keep the Office informed of any decision taken or contemplated in this respect.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Fixing and adjustment of minimum wage rates. With reference to its previous comments, the Committee notes with interest that the Government, on the recommendation of the National Council on Labour and Labour Legislation, has raised the guaranteed minimum inter-occupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) from 13,757 CFA francs to 28,000 CFA francs (approximately 42 euros) per month, an increase of over 100 per cent. The Government explains in its report that the legal minimum wage rates in force dated from 1990 and that, 18 years later, purchasing power has been severely eroded by the devaluation of the franc. In addition, the global economic situation has seriously aggravated this already difficult situation. The Government adds that, in order to enable all social strata to cope with the increasing cost of living, it has also decided to adopt support measures in order to provide relief for workers and help with household costs. The Committee requests the Government to continue supplying information on the operation of the National Council on Labour and Labour Legislation and on any readjustment of the SMIG and SMAG. It would also be grateful if the Government would indicate to what extent the current minimum wage rates are sufficient to ensure a decent standard of living for the least skilled workers and their families.

Article 5 and Part V of the report form. Application in practice. The Committee notes that the Government is establishing machinery enabling it to have reliable and up to date statistics on minimum wage rates and also on the nature of violations reported and penalties imposed. To this end, the Government is requesting technical assistance from the ILO in order to establish a statistical database on the activities of the inspection services. The Committee hopes that the Government will be able to supply in its next report specific information on the practical application of the Convention, including, for example, extracts from the reports of the inspection services indicating the number of infringements reported with regard to the minimum wage, the number of workers covered by the relevant legislation, copies of collective agreements containing clauses relating to the minimum wage, etc.

Finally, the Committee draws the Government’s attention to the conclusions adopted by the ILO Governing Body concerning the relevance of the present Convention, on the basis of the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). Specifically, the Governing Body decided to classify Convention No. 26 as one of the instruments which are no longer entirely up to date but remain relevant in certain respects. The Committee therefore suggests that the Government consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents some progress in relation to older instruments relating to the fixing of the minimum wage, for example in terms of the wider scope of the general obligation to establish a system of minimum wages and the obligation to establish criteria for fixing and adjusting minimum wage rates. The Committee requests the Government to keep the Office informed of any decision taken or contemplated in this respect.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret 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:

While noting the statements in the Government’s last report that there are no statistics on the number and various categories of workers covered by the minimum wage regulations, it regrets that the report did not contain the additional information requested on the results of the inspections carried out (nature of the violations reported and sanctions imposed, etc.), or the rate of the guaranteed minimum interoccupational wage (SMIG) and the minimum wage rates in force in the country by sector, on which the most recent information provided by the Government dated back to 1997 and 1988, respectively. Consequently, emphasizing that the minimum wage fixing machinery established by legislation serves hardly any purpose unless it is applied effectively so as to guarantee workers a minimum wage that is constantly adjusted in relation to the economic and social situation of the country and enables them to enjoy a decent standard of living, the Committee once again requests the Government to provide with its next report, in accordance with Article 5 of the Convention and Part V of the report form, the required information concerning the application of the Convention in practice, and particularly on the activities of the National Council on Labour and Labour Legislation in relation to its mission to investigate the elements which could serve as a basis for determining the minimum wage.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

While noting the statements in the Government’s last report that there are no statistics on the number and various categories of workers covered by the minimum wage regulations, it regrets that the report did not contain the additional information requested on the results of the inspections carried out (nature of the violations reported and sanctions imposed, etc.), or the rate of the guaranteed minimum interoccupational wage (SMIG) and the minimum wage rates in force in the country by sector, on which the most recent information provided by the Government dated back to 1997 and 1988, respectively. Consequently, emphasizing that the minimum wage fixing machinery established by legislation serves hardly any purpose unless it is applied effectively so as to guarantee workers a minimum wage that is constantly adjusted in relation to the economic and social situation of the country and enables them to enjoy a decent standard of living, the Committee once again requests the Government to provide with its next report, in accordance with Article 5 of the Convention and Part V of the report form, the required information concerning the application of the Convention in practice, and particularly on the activities of the National Council on Labour and Labour Legislation in relation to its mission to investigate the elements which could serve as a basis for determining the minimum wage.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the report provided by the Government in reply to its previous comment. While noting the Government’s statements that there are no statistics on the number and various categories of workers covered by the minimum wage regulations, it regrets that the report does not contain the additional information requested on the results of the inspections carried out (nature of the violations reported and sanctions imposed, etc.), or the rate of the guaranteed minimum interoccupational wage (SMIG) and the minimum wage rates in force in the country by sector, on which the most recent information provided by the Government dated back to 1997 and 1988, respectively. Consequently, emphasizing that the minimum wage fixing machinery established by legislation serves hardly any purpose unless it is applied effectively so as to guarantee workers a minimum wage that is constantly adjusted in relation to the economic and social situation of the country and enables them to enjoy a decent standard of living, the Committee once again requests the Government to provide with its next report, in accordance with Article 5 of the Convention and Part V of the report form, the required information concerning the application of the Convention in practice, and particularly on the activities of the National Council on Labour and Labour Legislation in relation to its mission to investigate the elements which could serve as a basis for determining the minimum wage.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in reply to its previous comments. It notes the Government's statement to the effect that the interoccupational guaranteed minimum wage (SMIG) is fixed at 13,757 CFA francs and that the application of the Convention is not giving rise to any problems.

The Committee requests the Government to provide, in accordance with Article 5 of the Convention and point V of the report form, more information on the practical application of the Convention, for example: (i) the minimum wage rates in force; (ii) available statistics on the number and categories of workers covered by the minimum wage regulations (including domestic workers and other workers who receive excessively low wages); and (iii) the results of any inspections carried out (for example, any violations reported, sanctions imposed, etc.).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government concerning the methods of calculating benefits by labour inspectors on the basis of the minimum wage. It hopes that the Government will supply information on the effect given in practice to the Convention by indicating, for example, the approximate numbers of persons covered by the minimum wage fixing machinery and the mininum rates of wages fixed (Article 5 of the Convention), as well as extracts from the reports of the inspection services (point V of the report form), and by referring, for example, to domestic workers and other employed persons who receive excessively low wages.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in its last report concerning the current rates of monthly minimum wages in the various sectors of economic activity. The Committee requests the Government to supply any other available information concerning the number of workers covered by minimum wages (Article 5 of the Convention), and the activities of the labour inspection services in relation to minimum wages (point V of the report form) particularly with a view to the protection of employees who receive excessively low wages (workers in the homeworking trades).