Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Gabon (Ratification: 1961)

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and 95 (protection of wages) together.

The Committee notes the observations of the Trade Union Congress of Gabon (CSG) on the application of Convention No. 26, received in 2015.

Minimum wages

Article 3 of Conventions Nos 26 and 99. Participation of the social partners. The Committee notes that, according to the Government’s report and the observations of the CSG, the National Commission for Wage Studies (CNES), a tripartite body responsible for giving reasoned opinions on the fixing of the guaranteed minimum inter-occupational wage (SMIG), is not operational. According to the Government, this is linked to a problem of trade union representativity, following the adoption of new criteria for trade union elections. The Government also indicates that the decree establishing the powers, organization and operation of the CNES, provided for in section 250 of the Labour Code, has not yet been adopted and, in the meantime, Decree No. 642/PR/MTEFP of 23 June 1997 establishing the composition of the CNES remains in force. The Committee requests the Government to take the necessary measures so that the CNES can become operational in the near future and fulfil its role of examining the SMIG. The Committee requests the Government to provide information on the progress made in this regard. It reminds the Government of the possibility to avail itself of ILO technical assistance.

Protection of wages

Article 12 of Convention No. 95. Payment of wages at regular intervals. In its previous comments the Committee requested the Government to provide information on the concrete measures taken to rectify the situation of wage arrears in various sectors. The Committee notes the information provided by the Government in its report, particularly indicating that: (i) no violations of section 152 of the Labour Code have been detected, which provides for the regular payment of wages; (ii) unpaid wages in the public sector and particularly in the national education sector only concern strikers, as strike days are not paid; (iii) significant state aid was granted to a public transport company that had been late in paying wages; and (iv) in the telecommunications sector, the conclusion of an enterprise agreement between the employer and the trade union concerned has made it possible to resolve the difficulties, particularly those related to the payment of a bonus.

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

Article 3 of the Convention. Minimum wage fixing machinery. The Committee requests the Government to refer to its comments concerning the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

See the comments under Convention No. 26.

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

While inviting the Government to refer to the direct request under the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), the Committee would be grateful if the Government would provide detailed information in its next report on the manner in which this Convention is applied in the agricultural sector, taking into account the specific conditions obtaining in agriculture.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

See under Convention No. 26.

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

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 following matters raised in its previous direct request:

See under Convention No. 26, as follows:

The Committee notes the detailed information provided in the Government's report in reply to its previous comments and concerning in particular the following points: (i) participation by employers and workers in the wage-fixing machinery; (ii) the provisions, procedures and sanctions that can be applied in cases where a wage below the guaranteed minimum wage (SMIG) is paid; and (iii) the monitoring by the labour inspection services of the application of minimum wage provisions.

With reference to its previous comments, the Committee requests the Government to clarify whether the draft Labour Code, which has been debated by the Assembly since 1992, has been adopted, and, if so, to provide a copy of the text.

The Committee hopes that the Government will take the necessary measures to establish an effective system for monitoring the application of minimum wage provisions, in accordance with Article 4 of the Convention, read in conjunction with Article 5 and point V of the report form.

Finally, the Committee, while taking note of the difficulties faced by the Government in providing statistics on the number and different categories of workers covered by the minimum wage regulations, would be grateful if the Government would provide these data when resources permit.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 following matters raised in its previous direct request:

See under Convention No. 26, as follows:

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 following matters raised in its previous direct request:

The Committee notes that the Government referred to the draft Labour Code which has been transmitted to the Office and which was at that time under discussion by the National Assembly. It notes that section 141 of this draft Code, which concerns in particular the fixing of the guaranteed minimum inter-occupational wage by means of decrees, does not provide for consultation with employers and workers. The Committee hopes that the Government will take the appropriate measures to ensure, in conformity with Article 3, paragraph 2(2), of the Convention, that employers and workers are associated in the operation of minimum wage fixing machinery.

The Committee also requests the Government to supply information on the measures which have been taken to ensure that the wages which are actually paid are not less than the statutory minimum wage and that workers to whom the statutory minimum wage is applicable and who have been paid wages at less than these rates are entitled to recover the amount by which they have been underpaid, in accordance with the provisions of Article 4.

The Committee also requests the Government to supply information on the results of the application of methods for fixing minimum wages, and particularly the approximate numbers of workers covered by the regulations, the minimum rates of wages fixed, and the more important of the other conditions, if any, established relevant to the minimum wages, as required by Article 5.

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

See under Convention No. 26, as follows:

The Committee notes that the Government refers in its report to the draft Labour Code which has been transmitted to the Office and which is currently under discussion by the National Assembly. It notes that section 141 of this draft Code, which concerns in particular the fixing of the guaranteed minimum inter-occupational wage by means of decrees, does not provide for consultation with employers and workers. The Committee hopes that the Government will take the appropriate measures to ensure, in conformity with Article 3, paragraph 2(2), of the Convention, that employers and workers are associated in the operation of minimum wage fixing machinery.

The Committee also requests the Government to supply information on the measures which have been taken to ensure that the wages which are actually paid are not less than the statutory minimum wage and that workers to whom the statutory minimum wage is applicable and who have been paid wages at less than these rates are entitled to recover the amount by which they have been underpaid, in accordance with the provisions of Article 4.

The Committee also requests the Government to supply information on the results of the application of methods for fixing minimum wages, and particularly the approximate numbers of workers covered by the regulations, the minimum rates of wages fixed, and the more important of the other conditions, if any, established relevant to the minimum wages, as required by Article 5.