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

Individual Case (CAS) - Discussion: 1999, Publication: 87th ILC session (1999)

A Government representative of Chad stated that her Government's unsatisfactory reply to the observations of the Committee of Experts should not be interpreted as a deliberate desire not to reply to the Committee but was due to difficulties caused by current technical problems in Chad.

Regarding the observation on Article 3 of the Convention, she explained that the Government had decided to raise the minimum interoccupational guarantee wage rate (SMIG) in 1995 in order to comply with paragraphs 428 and 429 of the 1992 General Survey on minimum wages, despite the structural adjustment measures being applied. The SMIG had been discussed by the Higher Committee for Labour and Social Security, which was a tripartite body composed of five government representatives, five employers' representatives, and five workers' representatives appointed by their respective organizations. Although the Government had unilaterally decided on a wage freeze, it had reversed the decision in order to maintain social peace. Regarding the exclusion of the Trade Unions' Confederation of Chad (CST) from the negotiations, she pointed out that the discussions on the SMIG had been held before the creation of the CST. The bodies that had taken part in the negotiations were the Union of Chadian Trade Unions (UST) and the Free Confederation of Chadian Workers (CLTT). As the term of office of the Higher Committee for Labour and Social Security had come to an end, in the draft decree appointing the new members the Government had included the CST. Once the decree had been signed, it would be transmitted to the ILO. The five seats for workers in the Higher Committee were allocated according to the size of the organization and the figures were the following: UST: 2; CLTT: 2; and CST: 1. The representatives were nominated by their respective organizations. She apologized for her Government's late response to the observations by the CST.

With regard to the observations on Article 4, paragraph 1, and Article 5 of the Convention, she emphasized that since 1995 the SMIG had applied to the private sector as a whole and to the parastatal sector. It did not apply, however, in the state sector because of the State's undertakings with international financial institutions.

In response to the request for information on the measures taken in respect of employers in the private sector who failed to respect the SMIG, she said that, pursuant to articles 249 and 250 of the Labour Code, the labour inspectorate was responsible for monitoring application and, if violations were noted, it drew up an indictment which it sent to the public prosecutor. The latter decided whether or not to instigate proceedings against the employer concerned. Despite its limited resources, the labour inspectorate had carried out visits, but had not noted any violations in the private sector.

The Government recognized the need to respect the fundamental objectives and would ensure that they were taken into account during the forthcoming discussions with the social partners and members of the Higher Committee for Labour and Social Security.

The Employer members reaffirmed the importance of fulfilling obligations relating to minimum wage fixing machinery and noted that the Government representative had provided information concerning some of the questions raised by the Committee of Experts with regard to the situation in this respect in Chad. Nevertheless, the situation was still not absolutely clear. The Committee of Experts had stated that a freeze had been applied to a proposed increase in the minimum wage, while the Government representative had stated that the freeze had been lifted shortly afterwards. It was not clear whether this had been understood by the Committee of Experts. However, it was evident that the level of the increase in the minimum wage was very low. The minimum wage clearly needed to be raised periodically to maintain the standard of living of workers to some extent. The Government representative had provided some information concerning the participation of the CST in the fixing of minimum wages in the country. But more information was required in the process of fixing minimum wages and the level of participation of representative organizations.

In response to the comments by the Committee of Experts concerning the importance of the labour inspection services, the Government representative had indicated that labour inspection activities were continuing. The question was, however, at what level and with what frequency inspection was being undertaken. In this respect, the Government representative had indicated the existence of financial difficulties. It was also unclear how severe the situation was and the number of workers who were affected. The Government should be requested to provide detailed information in a timely manner, and certainly before the next meeting of the Committee of Experts.

The Worker members recalled that this case concerning the application by Chad of the Convention, had already been examined in 1993. In December 1996, the competent authorities had amended the Labour Code to enable employers' and workers' organizations to participate in the fixing of minimum wage rates and the minimum wage had been revised.

The observations made by the Committee of Experts and Case No. 1857 of the Committee on Freedom of Association had highlighted the persistence of problems in applying the Convention. Since the Government had not supplied a report or provided responses to the questions raised, the Committee of Experts had been bound to reiterate its previous observation. In fact, the three problems in applying the Convention concerned: (i) the revision and the effective application of minimum wages within a context of structural change, taking account of the fact that the fundamental objective of the minimum wage was to ensure a decent standard of living for workers and their families; (ii) the appointment of the members of a joint committee which to date had excluded the CST and which had prevented the CST from participating in collective bargaining concerning the fixing of minimum wage rates. In this regard, it was necessary to emphasize that a social dialogue based on the integral respect of freedom of association and tripartism in conformity with Conventions Nos. 87 and 98 constituted the key to the functioning of minimum wage fixing machinery; (iii) the non-respect of the revised minimum wage rates in the private and public sectors were shortcomings which the Government acknowledged. The Committee of Experts had recalled the need for an effective supervisory and inspection system.

The Worker members considered the response of the Government representative to be imprecise and expressed the hope that the Government would again be requested to provide detailed information on the appointment of members to the committee responsible for fixing minimum wage rates as well as the participation of the CST in the activities of this joint committee, in accordance with Article 3 of the Convention. They also recalled the need, in accordance with Articles 4, paragraph 1, and 5 of the Convention, for effective sanctions against employers in the private and public sectors who violated the regulations on minimum wage rates and called for the Government to be requested to provide the Committee of Experts with information on the measures taken in this regard.

The Government representative stated that she had noted the comments made by the Employer and Worker members. Regarding the participation of the CST in the Higher Committee for Labour and Social Security, she pointed out that the Committee had commenced its discussions before the CST had been established so it was only when its first term of office came to an end that the CST was able to participate. Regarding the form in which the three most representative organizations participated in the Committee, the Government simply provided the breakdown of seats -- two for the UST, two for the CLTT and one for the CST, which was slightly smaller -- and the organizations were free to appoint their own representatives. It should also be noted that the CST participated in the governing body of the ONAP. Moreover, since the structural adjustment initiated in 1995, the aforementioned bodies participated in all the negotiations as part of the normal functioning of social dialogue.

Regarding the labour inspectorate, the Government did not deny that the problems referred to existed, but it wished to draw attention to the inadequacy of the resources available to it. Nevertheless, taking into account those elements, the two series of inspections carried out during the year reflected the determination and efforts of the services.

Concerning the revision of the minimum interoccupational guaranteed wage rates (SMIG), according to article 249 of the Labour Code, the organizations representing employers and workers fixed the rates by negotiation and the Government only intervened if there was disagreement. The labour inspectorate was also responsible for the practical application of the SMIG in different sectors. It was of course a difficult task, especially in the informal sector, notably because of the lack of resources available to the department.

In conclusion, she stated that the Government would transmit to the Committee of Experts as soon as possible all the information and documents available so that the Committee could have a better picture of the effects of the measures taken. She also reaffirmed the Government's willingness to cooperate with the Committee.

The Committee noted the oral information supplied by the Government representative and the discussion which took place. The Committee reaffirmed that the appropriate functioning of the machinery established for the fixing of minimum wages, in which the participation of the social partners should be assured, was essential to respond to the requirements of the Convention. The Committee, therefore, hoped that the Government would adopt the necessary measures in the near future to ensure that the law and practice were in conformity with the provisions of the Convention and that the Government would provide the corresponding detailed information to the Committee of Experts in its next report due this year, particularly regarding the measures adopted to guarantee the effective participation of the representatives of employers' and workers' organizations in the existing machinery for the fixing of minimum wages and on the practical measures taken to ensure the effective application of the minimum wages which were fixed. The Committee also emphasized the importance of the participation of the social partners in contributing to the analysis and development of solutions to problems arising as a result of the economic situation of the country, including the implementation of measures decided upon within the framework of structural adjustment programmes.

Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

A Government representative stated that her Government had faced many crises over the past decades characterized by the drop in purchasing power of workers and the loss of many rights including freedom of association. In order to extricate the country from this permanent crisis which prevented any development the people of Chad had accepted to commence discussions to resolve these problems. The National Sovereign Conference had reached certain bitter conclusions, in particular those relating to the non-observance of international labour standards. That Sovereign Conference had requested the transitional government to do its utmost so as to guarantee respect for its international obligations. In order to rectify the errors committed by previous governments and taking into account current economic problems, this Government undertook to negotiate a social pact with the social partners. To this end initial contacts had taken place at the beginning of May 1993. The transitional government aimed at guaranteeing a satisfactory standard of living to all workers and their families and as such it had contacted the Workers' representatives to discuss the modalities of fixing wages. The Government accepted the legitimate comments made by the Committee of Experts. It however recalled the problems it faced in bringing the national legislation into conformity with the Convention and sought the technical assistance of the ILO in this respect.

The Workers' members thanked the Government representative for the new information provided which the Committee of Experts would examine in detail. They noted the decision of the National Sovereign Conference according to which the Government should respect its international obligations, accept the comments of the Committee of Experts and maintain its intention to negotiate a social pact. The Workers' members stressed the importance of this undertaking in view of the fact that the level of the minimum wage in the country had not been upgraded since 1978. They firmly supported the views of the Committee of Experts that minimum wages were an important element of the fight against poverty particularly in the context of the current structural adjustment. They fully agreed with the request of the Committee of Experts for the Government to indicate any developments in the matter and to communicate information on the participation of concerned employers and workers in decisions regarding minimum wage fixing. They emphasized that mere announcement of decisions taken did not constitute real consultations, which constituted a prerequisite for all successful structural adjustments as well as the resolution of all problems relating to trade union rights.

The Employers' members also noted that for a long time minimum wages had not been revised which, in their view, was a violation of the Convention. They acknowledged that the economic problems and extreme poverty of the country were the causes of this situation. Even if the Government representative attributed the situation to errors committed by previous governments, the current situation continued to be very serious. They further emphasized the fact that the International Monetary Fund and the World Bank provided important assistance to countries like Chad, even if their demands and recommendations were often difficult to implement. The Employers' members expressed the hope that minimum wage fixing would not be destroyed by galloping inflation in view of the stated intention of the Government to rectify this situation. They considered that any solution should be the result of a consensus which was the only way of arriving at a social pact and improvements regarding the implementation of the Convention.

The Government representative noted with interest the statements made by the Workers' and Employers' members and added that the employers in her country were prepared to fix minimum wages and that agreement in this respect had been reached in tripartite meetings that had taken place in May 1993.

The Committee took note of the information provided by the Government, of the difficulties facing it, as well as of its firm intention to bring its legislation and practice into conformity with the Convention using the technical assistance of the ILO. The Committee wanted to trust that the Government would supply information in its next report on the concrete progress made in this regard which was of fundamental importance to the workers. The Committee emphasized the importance of the employers' and workers' participation in minimum wage fixing, including with a view to ensuring the success of the structural adjustment programme.

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 2013, published 103rd ILC session (2014)

Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee notes that the information furnished by the Government according to which, following the re-evaluation of the guaranteed minimum interoccupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) (Decree No. 55/PR/PM/MFPT/2011), a joint committee responsible for the revision of the salary scale for the private sector had been established (Order No. 017/PR/PM/MFPT/SG/DGAT/2011), and the new scale was approved and rendered executory (Decree No. 111/PR/PM/MFPT/2011). While noting comments of the Government according to which the whole socio-economic context of which the cost of living and the basket of basic needs have been taken into account when establishing new minimum wage rates, the Committee requests the Government to specify the legislative text, regulations or other documents which state the criteria to be considered for such an operation.

Article 3, paragraph 2(3). Mandatory character of minimum wages. The Committee notes that section 7 of the aforementioned Decree No. 55 provides that minimum wages for young workers from 14 to 18 years of age with apprenticeship contracts shall not be less than 80 per cent of the minimum wage for the professional post occupied. The Committee also notes that section 46 of the general collective agreement applicable to workers in the Republic of Chad provides that young workers of less than 18 years of age who are not associated with an enterprise by an apprenticeship contract have the guarantee of a minimum wage for the professional post occupied with a maximum reduction of 40 per cent for young persons from 14 to 16 years of age, and 20 per cent for young persons from 16 to 18 years of age. The Committee wishes to recall that, excepting the provisions concerning apprenticeship, the reasons for the adoption of a lesser minimum wage rate for young workers should be the subject of a periodic re-examination on the basis of the principle of equal pay for work of equal value, and the level of remuneration should be established on the basis of objective factors, such as the quantity and quality of work done. Consequently, the Committee requests the Government to indicate in its next report any developments concerning the difference in minimum wage rates with respect to age, particularly in view of the full application of the “equal pay for work of equal value” principle.

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

Article 3 of the Convention. Fixing and adjustment of minimum wage rates. Further to its previous comment, in which it regretted the fact that the guaranteed minimum interoccupational wage (SMIG) and the minimum guaranteed agricultural wage (SMAG) had not been adjusted since 1995, the Committee notes with interest the adoption of Decree No. 055/PR/MFPT/2011 of 21 January 2011 which sets the SMIG at 355 CFA francs (XAF) an hour or XAF59,995 a month (around US$119) and the SMAG at XAF302.80 an hour, or XAF60,560 a month (around US$120). Recalling that under section 249 of the Labour Code, the SMIG and the SMAG are fixed by common agreement by the representative occupational organizations of employers and workers, while their adjustment and the timing of such adjustments is by agreement, the Committee requests the Government to provide further information on the consultations or negotiations between the social partners prior to the adoption of the Decree.

Article 4. Measures to ensure the application of minimum wage rates. The Committee notes that, under the terms of section 9 of Decree No. 055/PR/MFPT/2011, violations of the Decree are sanctioned in accordance with the penalties envisaged in this respect by the Labour Code. However, it observes that the Labour Code does not appear to establish specific penalties for non-compliance with minimum wage regulations. The Committee therefore requests the Government to indicate the provisions in laws or regulations establishing a system of adequate sanctions and to provide specific information on the functioning in law and practice of the system of inspection in this respect.

Finally, the Committee wishes to take this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Governing Body considered that Convention No. 26 was one of the instruments that was no longer completely up to date, even though it remained relevant in certain respects. The Committee therefore suggests that the Government examine the possibility of ratifying the Minimum Wage Fixing Convention 1970 (No. 131), which is more advanced in certain respects than the earlier instruments on minimum wage fixing, as it is broader in its scope of application, providing for the establishment of a system of minimum wages and the adoption of certain criteria for the determination of minimum wage levels. The ratification of Convention No. 131 would appear to be all the more appropriate as the national legislation already establishes a general system of minimum wages. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this respect.

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

The Committee notes the information contained in the Government’s report and the attached documentation.

Article 3 of the Convention. Further to its previous comments, the Committee notes with regret that the guaranteed interoccupational minimum wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) have not been readjusted for over ten years and remain at the 1995 level, or 25,480 CFA per month. The Government recognizes that the current minimum wage rate is derisory and insufficient to provide a decent standard of living for workers and their families. It also reiterates that this situation is linked to the imposition of a structural adjustment programme by the international financial institutions. The Committee is bound to observe that a system of minimum wages serves no useful purpose as a measure of social protection designed to overcome poverty and to ensure the satisfaction of the workers’ subsistence needs unless minimum wage rates are periodically reviewed in light of the socio-economic conditions prevailing in the country. The Committee considers that when minimum rates of pay are systematically left to lose most of their value so that they ultimately bear no relationship with the real needs of the workers, minimum wage fixing is in fact reduced to a mere formality devoid of any substance. While noting that under paragraph 4 of the Protocol of Agreement signed on 23 November 2002 between the Government and the Union of Trade Unions of Chad (UST), negotiations should be pursued for the revision of the current SMIG rate, the Committee asks the Government to take the appropriate steps to ensure that the national minimum wage is periodically examined, and eventually revised, in full consultation with the social partners and in accordance with the economic and social realities of the country.

Article 5 and Part V of the report form. The Committee notes that, according to the statistical information provided by the Government, as at 31 December 2005, the number of registered workers remunerated at the SMIG and SMAG rates stood at approximately 31,000. It also notes the Government’s statement that data on inspection results and infringements observed are not available. The Committee would appreciate if the Government would continue supplying general information on the practical application of the Convention. It also hopes that the Government, in response to the comments made by the Committee under the Labour Inspection Convention, 1947 (No. 81), will make an effort to collect and communicate information regarding the functioning of the labour inspection services, especially in matters related to the payment of minimum wage.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report responds only partially to its previous comments.

Article 3 of the Convention. The Committee notes that the guaranteed interoccupational minimum wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) remain at their 1995 level, or CFA25,480 (approximately US$50) per month. With regard to the public sector, the Government indicates that the SMIG applies to this sector since 2003, following the adoption of a protocol of agreement establishing a joint committee to determine the wage scales applicable to workers in the public sector. The Government also states that, in accordance with the protocol, there have recently been wage increases. The Committee requests the Government to supply a copy of the 2003 protocol of agreement and also to specify the minimum wage for public sector employees currently in effect.

As regards the equal representation of employers’ and workers’ organizations in the minimum wage fixing machinery, the Committee notes that Decree No. 247/PR/MFPTE/DG/DTESS/02 of 25 November 2002 provides for the participation of nine employers’ and nine workers’ representatives in the joint committee responsible for formulating new wage scales. The Committee would be interested in receiving additional information on the functioning of the joint committee, including full particulars on the criteria used in determining minimum pay rates.

In the absence of any meaningful progress in adjusting minimum wage rates to take account of the country’s evolving socio-economic conditions, the Committee is obliged to recall its previous comments, as well as the conclusions of the Conference Committee on the Application of Standards at the 87th Session of the International Labour Conference (June 1999), according to which the primary function of the minimum wage system envisaged in the Convention is to serve as a measure of social protection and poverty reduction ensuring decent minimum wage levels for the low-paid, unskilled workers. This implies that minimum rates of pay that have come to represent only a fraction of the real needs of the workers and their families can hardly meet the requirements of the Convention. Therefore, the Committee once again asks the Government to look into existing minimum wage levels for agricultural and non-agricultural workers and make every effort to ensure that any possible increases adequately reflect the real needs of workers and their families, for instance by maintaining their purchasing power in relation to a basic basket of essential consumer goods.

Article 5 and Part V of the report form. The Committee notes that the Government has not provided in recent years any information on the practical application of the Convention. The Committee requests, therefore, the Government to communicate in its next report general information on the effect given to the Convention in practice, including, for instance, extracts from inspection reports showing the number of infringements and sanctions imposed for minimum wage-related offences, recent surveys and studies on matters covered by the Convention, any official documents on minimum wage policy prepared by the abovementioned joint committee, available statistics on the number of workers remunerated at the SMIG or the SMAG rate, as well as any other particulars which would enable the Committee to appreciate the progress achieved or the difficulties encountered by the Government in discharging its obligations under the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 5 in conjunction with Part V of the report form. The Committee asks the Government to supply in its next report all available information on the practical application of the Convention, particularly as regards the enforcement of minimum wage legislation, the work of advisory bodies on minimum wage questions and any other particulars which would enable the Committee to better understand the progress achieved or the difficulties encountered by the Government in discharging its obligations under the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee regrets that the Government’s report responds only partially to its previous comments. It therefore draws the Government’s attention once again to the following points.

Article 3 of the Convention. The Committee recalls its previous observations in which it requested the Government to indicate any measures taken with a view to updating the guaranteed interoccupational minimum wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) which were last revised in 1995. The Committee notes that the Government is still not in a position to report any progress in this respect and recalls that the fundamental objective of the Convention, which is to ensure to workers a minimum wage that guarantees a decent standard of living for them and their families, cannot be meaningfully attained unless minimum wages are periodically reviewed to take account of changes in the cost of living and other economic conditions. Moreover, the Committee has been requesting additional information as regards the equal representation of the employers and workers concerned in the operation of the minimum wage fixing machinery. In its reply, the Government states that the Trade Union Confederation of Chad (CST) is now among the social partners consulted by the Government and that the said organization is represented in joint committees. The Committee takes this opportunity to emphasize once again the fundamental character of the principle of full consultation of the social partners at all stages of the minimum wage-fixing procedure. According to the letter and the spirit of the Convention, the process of consultation must precede any decision-making and must be effective, that is to say it should afford the social partners a genuine opportunity to express their views and have some influence on the decisions pertaining to the matters that are the subject of consultation.

Article 4. The Committee has been requesting the Government to take the necessary steps to enforce the minimum wage rates fixed in the public sector. According to the Government’s report, although the application of the SMIG in the public sector continues to be a problem, a protocol of agreement has been concluded in 2003 between the Government and the trade union centres for the establishment of a joint committee to determine the wage scales applicable to workers in the public sector. The Committee requests the Government to supply a copy of this protocol of agreement and to keep it informed of the new wage rates for public employees as soon as these are fixed. The Committee would also be interested in receiving additional information on the functioning of the new joint committee, including for instance its composition or the criteria used in fixing minimum wage rates.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Article 5 in conjunction with Part V of the report form.  The Committee asks the Government to supply in its next report all available information on the practical application of the Convention, particularly as regards the enforcement of minimum wage legislation, the work of advisory bodies on minimum wage questions and any other particulars which would enable the Committee to better understand the progress achieved or the difficulties encountered by the Government in discharging its obligations under the Convention.

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

The Committee regrets that the Government’s report responds only partially to its previous comments. It therefore draws the Government’s attention once again to the following points.

Article 3 of the Convention. The Committee recalls its previous observations in which it requested the Government to indicate any measures taken with a view to updating the guaranteed interoccupational minimum wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) which were last revised in 1995. The Committee notes that the Government is still not in a position to report any progress in this respect and recalls that the fundamental objective of the Convention, which is to ensure to workers a minimum wage that guarantees a decent standard of living for them and their families, cannot be meaningfully attained unless minimum wages are periodically reviewed to take account of changes in the cost of living and other economic conditions. Moreover, the Committee has been requesting additional information as regards the equal representation of the employers and workers concerned in the operation of the minimum wage fixing machinery. In its reply, the Government states that the Trade Union Confederation of Chad (CST) is now among the social partners consulted by the Government and that the said organization is represented in joint committees. The Committee takes this opportunity to emphasize once again the fundamental character of the principle of full consultation of the social partners at all stages of the minimum wage-fixing procedure. According to the letter and the spirit of the Convention, the process of consultation must precede any decision-making and must be effective, that is to say it should afford the social partners a genuine opportunity to express their views and have some influence on the decisions pertaining to the matters that are the subject of consultation.

Article 4. The Committee has been requesting the Government to take the necessary steps to enforce the minimum wage rates fixed in the public sector. According to the Government’s report, although the application of the SMIG in the public sector continues to be a problem, a protocol of agreement has been concluded in 2003 between the Government and the trade union centres for the establishment of a joint committee to determine the wage scales applicable to workers in the public sector. The Committee requests the Government to supply a copy of this protocol of agreement and to keep it informed of the new wage rates for public employees as soon as these are fixed. The Committee would also be interested in receiving additional information on the functioning of the new joint committee, including for instance its composition or the criteria used in fixing minimum wage rates.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Further to its previous comments, the Committee notes the information supplied by the Government in its report. It also notes the discussion that took place at the 87th Session of the International Labour Conference (June 1999).

  Article 3 of the Convention. The Committee recalls that the Government shelved its plan to increase minimum wages as part of the structural adjustment plan imposed by the International Monetary Fund and the World Bank. Recalling the principles set forth in its General Survey of 1992 on minimum wages, the Committee requested the Government to report on progress in updating minimum wage rates. The Government was also asked to provide information on measures adopted to ensure the participation of the representatives of employers’ and workers’ organizations in wage-fixing decisions. It referred in particular to the case of the Trade Union Confederation of Chad (CST). The Government indicated during the discussion at the Conference that, in 1995, despite the structural adjustment measures imposed and the original decision to freeze minimum wages, it did fix and enforce the guaranteed inter-occupational minimum wage (SMIG) which had been established previously in order to preserve social peace. It also stated that the SMIG was discussed by the Central Committee for Work and Social Security.

With regard to the CST’s participation in the abovementioned negotiations, the Government recalled that at the time of the negotiations the CST had not been created. However, the Government later included the CST in the draft decree appointing the new members of the Central Committee for Work and Social Security.

The Committee recalls that in its previous comments it emphasized that, in setting minimum wages, it should be borne in mind that they must ensure a satisfactory standard of living for workers and their families, as the Committee stated in its General Survey of 1992 (paragraphs 428 and 429).

  Article 4. The Committee recalls that in its previous comment it pointed out that States ratifying this Convention undertake to adopt the necessary measures to ensure that the wages paid are not lower than the applicable minimum rate. The Committee notes the statements made by the Government before the Conference and the information contained in its report. It notes that the labour inspectorate is engaged in measures to ensure observance of minimum wage rates. It hopes that the Government will continue to make the necessary effort to ensure that the rates fixed continue to be applied in the private sector. The Committee notes with concern, however, the Government’s statement that in the public sector application of the SMIG continues to be a problem because the State has for some time been struggling with enormous budgetary and financial difficulties due to the structural adjustment measures imposed on it. The Committee urges the Government to take the necessary steps to enforce the minimum wage rates fixed in the public sector.

  Article 5 in conjunction with Part V of the report form. The Committee notes the information supplied by the Government in its report, and urges the Government to continue supplying information on the practical application of the provisions of the Convention, and particularly to provide statistics on the number of workers covered by the minimum wage, extracts from inspection reports indicating the sanctions applied for breach of the fixed minimum wages, etc.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Further to its previous comments, the Committee notes the information supplied by the Government in its report. It also notes the discussion that took place at the 87th Session of the International Labour Conference (June 1999).

Article 3 of the Convention. The Committee recalls that the Government shelved its plan to increase minimum wages as part of the structural adjustment plan imposed by the International Monetary Fund and the World Bank. Recalling the principles set forth in its General Survey of 1992 on minimum wages, the Committee requested the Government to report on progress in updating minimum wage rates. The Government was also asked to provide information on measures adopted to ensure the participation of the representatives of employers’ and workers’ organizations in wage-fixing decisions. It referred in particular to the case of the Trade Union Confederation of Chad (CST). The Government indicated during the discussion at the Conference that, in 1995, despite the structural adjustment measures imposed and the original decision to freeze minimum wages, it did fix and enforce the guaranteed inter-occupational minimum wage (SMIG) which had been established previously in order to preserve social peace. It also stated that the SMIG was discussed by the Central Committee for Work and Social Security.

With regard to the CST’s participation in the abovementioned negotiations, the Government recalled that at the time of the negotiations the CST had not been created. However, the Government later included the CST in the draft decree appointing the new members of the Central Committee for Work and Social Security.

The Committee recalls that in its previous comments it emphasized that, in setting minimum wages, it should be borne in mind that they must ensure a satisfactory standard of living for workers and their families, as the Committee stated in its General Survey of 1992 (paragraphs 428 and 429).

Article 4. The Committee recalls that in its previous comment it pointed out that States ratifying this Convention undertake to adopt the necessary measures to ensure that the wages paid are not lower than the applicable minimum rate. The Committee notes the statements made by the Government before the Conference and the information contained in its report. It notes that the labour inspectorate is engaged in measures to ensure observance of minimum wage rates. It hopes that the Government will continue to make the necessary effort to ensure that the rates fixed continue to be applied in the private sector. The Committee notes with concern, however, the Government’s statement that in the public sector application of the SMIG continues to be a problem because the State has for some time been struggling with enormous budgetary and financial difficulties due to the structural adjustment measures imposed on it. The Committee urges the Government to take the necessary steps to enforce the minimum wage rates fixed in the public sector.

Article 5 in conjunction with Part V of the report form. The Committee notes the information supplied by the Government in its report, and urges the Government to continue supplying information on the practical application of the provisions of the Convention, and particularly to provide statistics on the number of workers covered by the minimum wage, extracts from inspection reports indicating the sanctions applied for breach of the fixed minimum wages, etc.

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

The Committee notes the Government's indication that, despite the weight of structural adjustment, efforts have been made to solve the problems related to the minimum interoccupational guaranteed wage rates (SMIG) and the guaranteed minimum agricultural wage rates (SMAG). The Committee notes, however, that the Government's report does not reply to the matters raised in its previous comments. It must, therefore, repeat its previous observation as follows:

The Committee notes the information supplied in the Government's report in reply to its previous comments, as well as the observations made by the Trade Unions' Confederation of Chad (CST). It also notes the discussion held at the Conference Committee in 1993 and the conclusions and recommendations of the Committee on Freedom of Association at its 305th Session (November 1996; Case No. 1857) approved by the ILO Governing Body, as well as the follow-up to the matter (see 306th Session (March 1997) and 307th Session (June 1997)). The Committee also notes the Government's reply to the CST's observations which was received late. Article 3 of the Convention. In its previous comments, the Committee noted the Government's statement that the proposed increase of minimum wages fixed in 1978 has been shelved as part of the structural adjustment programme imposed by the IMF and the World Bank. The Committee referred to paragraphs 428 and 429 of the 1992 General Survey on minimum wages which state that one of the fundamental objects of the instruments in question is to ensure to workers a minimum wage that will provide a satisfactory standard of living for them and their families, and that this fundamental objective should constantly be borne in mind, especially in certain countries where structural adjustment programmes are being applied. The Committee requested the Government to indicate any developments in this respect and to provide information on the participation of the employers and workers concerned by decisions relating to the fixing of minimum wage rates, including decisions to freeze minimum wages. The Committee notes that the minimum interoccupational guaranteed wage rates (SMIG) and the guaranteed minimum agricultural wage rates (SMAG) of 1978 were adjusted on 1 January 1995 and on 1 January 1996, along with the relevant wage scales. It notes that since the entry into force of the new Labour Code, minimum wage rates are fixed by joint agreement of the employers' and workers' representative occupational organizations (see section 249 of Act No. 38/PR/96 of 11 December 1996 issuing the Labour Code). The Government stipulates that these rates are determined by a joint committee composed of employers and workers. Nevertheless, the CST considers that it was excluded by the Government from all joint collective negotiations relating to fixing of minimum wages. In reply to these observations, the Government considers that this exclusion is owing simply to the fact that the negotiations had begun before the CST was founded and that, accordingly, only when the term of office of the Higher Committee for Labour and Social Security had expired could it be reconstituted to include the CST; there was therefore no question of discriminating against the CST in this matter. The Committee recalls that in its recommendations when considering the complaint of the CST against the Government of Chad in a communication of 30 September 1995, the Committee on Freedom of Association requested the Government, in regard to participation of the CST on joint or tripartite bodies, if there was any doubt as to the representativity of the CST, to undertake an objective and impartial determination of representativity and to take the appropriate measures in the event that it turned out to be the representative union. Taking into account the information supplied by the CST in a communication of 19 December 1996, the same Committee noted with interest that the situation had improved, while requesting the Government to keep it informed on the matter. The Committee hopes that the Government will shortly be in a position to supply detailed information on the designation of members of the joint committee responsible for fixing minimum wages, and also on the issue of CST participation in joint committee activities. Article 4, paragraph 1, and Article 5, read in conjunction with point V of the report form. The Committee notes the Government's statement that the country's economic difficulties prevent it from providing labour inspection services with the resources to fulfil their function of monitoring the application of laws, regulations and collective agreements concerning workers; it is desperately short of such resources. In addition, according to the CST, the salary scales following rises in the rates of the SMIG and SMAG which were rendered effective by Decree No. 313bis/PR/95 of 7 April 1995, approving and issuing the new salary scales of 7 April 1995, are not applied or executed by public, parapublic and private employers, but there is no Government reaction to this. In reply to these observations, the Government considers that, first, the new scales are applied in the private sector, even though some minor problems exist here and there. Moreover, the Government constantly reminds employers of their obligations in this regard, as well as of the need to make offending employers aware of the application of the new scales. Furthermore, in the public sector, because of the financial difficulties of the country and the undertakings made to the financial backers for controlling the amount spent on salaried employment until 1998, it is only after this date that workers on the whole will experience improved living conditions. The Committee recalls that the provisions of the Convention make it incumbent on States to take the necessary steps to establish a system of supervision and sanctions to ensure that minimum rates of wages are paid. It requests the Government to indicate the measures taken or contemplated in regard to employers in the private sector who violate the regulation on minimum wages. Furthermore, the Committee refers once again to its preceding comments in which it recalled the indications given in paragraphs 428 and 429 of its 1992 General Survey on minimum wages that one of the fundamental objectives of the instruments in question is to ensure to workers a minimum wage that will provide a satisfactory standard of living for them and their families, and that this fundamental objective should constantly be borne in mind, especially in countries where structural adjustment programmes are being applied. It hopes that this objective will be taken into account when the next new wage scales in the agricultural and non-agricultural sectors are fixed, with the participation of the employers and workers concerned.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail in 1999.]

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

The Committee notes the information supplied in the Government's report in reply to its previous comments, as well as the observations made by the Trade Unions' Confederation of Chad (CST). It also notes the discussion held at the Conference Committee in 1993 and the conclusions and recommendations of the Committee on Freedom of Association at its 305th Session (November 1996; Case No. 1857) approved by the ILO Governing Body, as well as the follow-up to the matter (see 306th Session (March 1997) and 307th Session (June 1997)).

The Committee also notes the Government's reply to the CST's observations which was received late.

Article 3 of the Convention.In its previous comments, the Committee noted the Government's statement that the proposed increase of minimum wages fixed in 1978 has been shelved as part of the structural adjustment programme imposed by the IMF and the World Bank. The Committee referred to paragraphs 428 and 429 of the 1992 General Survey on minimum wages which state that one of the fundamental objects of the instruments in question is to ensure to workers a minimum wage that will provide a satisfactory standard of living for them and their families, and that this fundamental objective should constantly be borne in mind, especially in certain countries where structural adjustment programmes are being applied. The Committee requested the Government to indicate any developments in this respect and to provide information on the participation of the employers and workers concerned by decisions relating to the fixing of minimum wage rates, including decisions to freeze minimum wages.

The Committee notes that the minimum interoccupational guaranteed wage rates (SMIG) and the guaranteed minimum agricultural wage rates (SMAG) of 1978 were adjusted on 1 January 1995 and on 1 January 1996, along with the relevant wage scales. It notes that since the entry into force of the new Labour Code, minimum wage rates are fixed by joint agreement of the employers' and workers' representative occupational organizations (see section 249 of Act No. 38/PR/96 of 11 December 1996 issuing the Labour Code). The Government stipulates that these rates are determined by a joint committee composed of employers and workers.

Nevertheless, the CST considers that it was excluded by the Government from all joint collective negotiations relating to fixing of minimum wages.

In reply to these observations, the Government considers that this exclusion is owing simply to the fact that the negotiations had begun before the CST was founded and that, accordingly, only when the term of office of the Higher Committee for Labour and Social Security had expired could it be reconstituted to include the CST; there was therefore no question of discriminating against the CST in this matter.

The Committee recalls that in its recommendations when considering the complaint of the CST against the Government of Chad in a communication of 30 September 1995, the Committee on Freedom of Association requested the Government, in regard to participation of the CST on joint or tripartite bodies, if there was any doubt as to the representativity of the CST, to undertake an objective and impartial determination of representativity and to take the appropriate measures in the event that it turned out to be the representative union. Taking into account the information supplied by the CST in a communication of 19 December 1996, the same Committee noted with interest that the situation had improved, while requesting the Government to keep it informed on the matter.

The Committee hopes that the Government will shortly be in a position to supply detailed information on the designation of members of the joint committee responsible for fixing minimum wages, and also on the issue of CST participation in joint committee activities.

Article 4, paragraph 1, and Article 5, read in conjunction with point V of the report form.The Committee notes the Government's statement that the country's economic difficulties prevent it from providing labour inspection services with the resources to fulfil their function of monitoring the application of laws, regulations and collective agreements concerning workers; it is desperately short of such resources. In addition, according to the CST, the salary scales following rises in the rates of the SMIG and SMAG which were rendered effective by Decree No. 313bis/PR/95 of 7 April 1995, approving and issuing the new salary scales of 7 April 1995, are not applied or executed by public, parapublic and private employers, but there is no Government reaction to this.

In reply to these observations, the Government considers that, first, the new scales are applied in the private sector, even though some minor problems exist here and there. Moreover, the Government constantly reminds employers of their obligations in this regard, as well as of the need to make offending employers aware of the application of the new scales. Furthermore, in the public sector, because of the financial difficulties of the country and the undertakings made to the financial backers for controlling the amount spent on salaried employment until 1998, it is only after this date that workers on the whole will experience improved living conditions.

The Committee recalls that the provisions of the Convention make it incumbent on States to take the necessary steps to establish a system of supervision and sanctions to ensure that minimum rates of wages are paid. It requests the Government to indicate the measures taken or contemplated in regard to employers in the private sector who violate the regulation on minimum wages.

Furthermore, the Committee refers once again to its preceding comments in which it recalled the indications given in paragraphs 428 and 429 of its 1992 General Survey on minimum wages that one of the fundamental objectives of the instruments in question is to ensure to workers a minimum wage that will provide a satisfactory standard of living for them and their families, and that this fundamental objective should constantly be borne in mind, especially in countries where structural adjustment programmes are being applied. It hopes that this objective will be taken into account when the next new wage scales in the agricultural and non-agricultural sectors are fixed, with the participation of the employers and workers concerned.

[The Government is asked to report in detail in 1998.]

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

The Committee refers to its previous comments in which it expressed the hope that in the near future the Government would be able to revise the minimum wage rates fixed in 1978 which have not been revised since owing to the economic difficulties created by the war. It notes from the Government's report that the proposed increase of minimum wages has been shelved as part of the structural adjustment programme imposed by the IMF and the World Bank.

The Committee refers to paragraphs 428 and 429 of its General Survey of 1992 on minimum wages, in which it recalls that the fundamental and ultimate objective of the instruments in question is to ensure to workers a minimum wage that will provide a satisfactory standard of living for them and their families, and that this fundamental objective should constantly be borne in mind when, in certain countries, structural adjustment programmes are being applied.

The Committee asks the Government to indicate any developments in this respect and to provide information on the participation of the employers and workers concerned in decisions concerning the fixing of minimum wage rates, including decisions to freeze minimum wages.

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

The Committee notes the information supplied by the Government and the minimum wage rates fixed in 1978. The Committee notes that, due to the economic difficulties created by the war, minimum wage rates have not been revised. It hopes that the Government will be able in the near future to revise these minimum wage rates and to fix new ones. The Committee also hopes that the Government will communicate, in accordance with Article 5 of the Convention, the new rates of minimum wages, the number of workers covered by minimum wages and any other available information concerning minimum wages.