Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Côte d'Ivoire (Ratification: 1961)

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

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.

Article 4 of Conventions Nos 26 and 99 and Article 15(c) of Convention No. 95. Enforcement and sanctions. The Committee notes that, in response to its previous comment on Convention No. 95 concerning actions taken by the labour inspectorate in the area of sanctions, the Government, in its report, merely provides general information on the powers of labour inspectors and indicates that the data on the number and nature of infringements noted will be incorporated into the new statistical data collection sheet. The Committee also notes that the Labour Code does not appear to contain provisions for specific sanctions in the case of non-compliance with the applicable minimum wage rates. In this respect, the Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81) regarding the obligation to prepare a report on the labour inspection services. The Committee requests the Government to provide information on actions taken by the labour inspectorate in the area of sanctions for infringements of the legislation giving effect to Convention No. 95, and of the applicable minimum wage rates, including the number and nature of infringements noted, the measures taken to put an end to them, and the sanctions imposed, as well as the outcome of court proceedings, where relevant.

Minimum wages

Article 3 of Conventions Nos 26 and 99. Methods of minimum wage fixing. Further to its previous comment, the Committee notes that, according to the Government’s information, the amount of the new guaranteed minimum agricultural wage (SMAG) has been approved by the social partners in the Standing Independent Consultation Committee (CIPC), the Labour Advisory Commission (CCT) has issued its opinion, and the adoption of the implementing decree is pending. The Committee also notes the Government’s indication that the negotiations for the re-evaluation of the guaranteed inter-occupational minimum wage rate (SMIG) are under way in the CIPC. The Committee requests the Government to continue to provide information on the negotiations initiated in order to re-evaluate the SMIG and the SMAG in application of section 31.8 of the Labour Code as well as the outcome of those, where relevant.

Wage protection

Articles 1 and 2 of Convention No. 95. Scope of application. The Committee notes that under the terms of section 2 of the Labour Code, the provisions of the latter are not applicable to persons appointed to a permanent public administration post and that workers employed in the service of the State or public associations that come under special regulations are excluded, within the limits of those regulations and of the general precepts of administrative law, from the scope of application of the Labour Code. The Committee notes that, apart from sections 10, 11, 61 and 155 of the General Public Service Regulations, which give effect to Articles 12 and 14 of the Convention, and section 180 of Decree No. 93-607 of 2 July 1993, laying down common terms for the application of the General Public Service Regulations, which gives effect to Article 8 of the Convention, the above texts applicable to public servants do not appear to cover the question of the protection of wages of these employees. The Committee therefore requests the Government to indicate the manner in which effect is given to the other provisions of the Convention in the public service.

Article 4(1) and (2). Partial payment of wages in kind. The Committee notes that in response to its previous comment, the Government indicates that the implementing decree of section 31.7 of the Labour Code has not yet been adopted and that the issue of partial payment of wages in kind will be presented to the social partners. In this context, the Committee once again requests the Government to provide information on any measures taken or envisaged, including the adoption of implementing regulations for section 31.7 of the Labour Code, to ensure that the payment of wages in kind may only be partial and that: (i) such allowances are appropriate for the personal use and benefit of the worker and their family; and (ii) the value attributed to such allowances is fair and reasonable. It also requests the Government to provide information on any discussions with the social partners on this issue and, where possible, the outcome of those.

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 labour inspection, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and 95 (protection of wages) together. It notes the observations of the General Confederation of Enterprises of Côte d’Ivoire, received in 2016, on the application of Conventions Nos 26 and 99.

Minimum wages

Articles 1 and 2 of Convention No. 26, Article 1 of Convention No. 99. Scope of application of the minimum wage-fixing machinery. Further to its previous comments, the Committee notes the Government’s indication in its report that the new Labour Code, adopted in 2015, provides that young people receive the same wage as other workers in the same professional category.

Article 3 of Conventions Nos 26 and 99. Methods of minimum wage fixing. In its previous comments, the Committee requested the Government to provide information on any measures taken or envisaged to revise the guaranteed inter-occupational minimum wage rate (SMIG) and the guaranteed minimum agricultural wage (SMAG), which have not been revised since 1994. The Committee notes with interest that the new SMIG was adopted by decree No. 2013-791 of 20 November 2013 and that, following this re-evaluation of the SMIG, discussions were held leading to the determination of the new scale for minimum wages by category, established by agreement, through decree No. 2015-855/MEMEASFP/CAB of 30 December 2015. The Committee also notes, however, the absence of information on the re-evaluation of the SMAG, despite the agreement reached in the Standing Independent Consultation Committee, according to the observations of the General Confederation of Enterprises of Côte d’Ivoire. The Committee notes the Government’s indication that the principle of negotiating the SMIG and SMAG rates every three years in the Labour Advisory Council was introduced into the 2015 Labour Code, through section 31.8. The Committee therefore requests the Government to provide information on the re-evaluation of the SMAG, as well as on the results of any negotiations on the minimum wage held since 2015 under section 31.8 of the Labour Code.

Wage protection

Article 4(1) and (2) of Convention No. 95. Partial payment of wages in kind. The Committee notes that, under section 31.1 of the 2015 Labour Code, benefits in kind are included in the definition of wages. Section 31.7 of the Labour Code provides in particular that housing and food supplies provided by the employer are part of the wage, and that the conditions of these benefits are set by decree. In addition, while the payment of wages in kind cannot be imposed, under section 32.1 of the Code, such payments, whether partial or total, seem to be voluntarily accepted by workers. The Committee recalls that only the payment of part of the wage in kind can be authorized under Article 4, and that adequate measures must be taken to ensure that: (a) such allowances are appropriate for the personal use and benefit of the worker and his or her family; and (b) the value attributed to such allowances is fair and reasonable. The Committee therefore requests the Government to provide information on the measures taken to ensure that the payment of wages in kind may only be partial and that: (a) such allowances are appropriate for the personal use and benefit of the worker and his or her family; and (b) the value attributed to such allowances is fair and reasonable. It also requests the Government to indicate whether implementing regulations for section 31.7 of the Labour Code have been adopted.

Article 12(1). Payment of wages at regular intervals. In its previous comments, the Committee requested the Government to provide an updated account on the current wage arrears situation. The Government indicates that: (i) in the public sector, there are no wage arrears; (ii) in the semi-public sector, the situation is largely regularized, particularly in the postal services where all wage arrears have been paid; (iii) in the private sector, there are wage arrears situations but most employers regularly pay their workers’ wages; and (iv) this trend is supported by the activities of the Labour Inspectorate in terms of awareness raising, monitoring of enterprises and dispute settlement to encourage reluctant employers to pay wages in accordance with legal requirements. The Committee notes this information.

Article 15, clause (c). In its previous comments, the Committee requested the Government to provide information concerning the revision of the Labour Code and the introduction of dissuasive sanctions for the delayed payment or non-payment of wages. The Committee notes that the new Labour Code, adopted in 2015, does not contain provisions setting out specific penalties in this area. According to information provided by the Government, the relevant legislation and regulations are enforced through visits and inspections in enterprises by the Labour Inspectorate, which has the power to impose penalties (fines) and can refer cases to the courts. The Committee therefore requests the Government to provide information on the activities of the Labour Inspectorate in this area, including the number and nature of the infringements registered, the measures taken to eliminate those and the penalties imposed, as well as the outcome of cases brought before the courts, where relevant.

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

Article 1(1) of the Convention. Fixing and adjusting minimum wages. The Committee notes the Government’s statement that the problems of adjusting the guaranteed minimum agricultural wage (SMAG) are among its main concerns. In its report, the Government explains that the lack of progress in this area is due in part to the debate about the possible replacement of the agricultural sector by an agro-industrial sector and the need for the sectors first to be defined. It adds that the Ministry of Labour would like to see the guaranteed minimum interoccupational wage (SMIG) extended to the agricultural sector and to have benefits in kind evaluated and incorporated in the base for calculation of the wage of agricultural workers. To this end, an ad hoc Standing Independent Consultation Committee (CIPC) has been given responsibility for visiting agricultural enterprises, inter alia to evaluate the benefits in kind received by workers and incorporate them in the base for calculating their pay. The Government states in its report that in view of the current social and political crisis, such visits have been suspended and will resume as soon as circumstances allow. While noting the efforts made by the Government in cooperation with the social partners to establish instruments for minimum wage fixing that are suited to the needs of agricultural workers and their families, the Committee again observes that the rate of the SMAG has not been adjusted since 1994. It points out that only by periodically readjusting the minimum wage rate is it possible to ensure maintenance of the purchasing power of workers and their families as measured against a basket of specific basic products. It also stresses that unless the minimum wage rate is adjusted in the light of the country’s social and economic circumstances, the wage fixing system could well lose all meaning as a measure for social protection and combating poverty. The Committee wishes to draw attention in this connection to its general observation of 2009, in which it referred to the Global Jobs Pact, adopted in June 2009 by the International Labour Conference in response to the world economic crisis, which focuses in particular on the need to strengthen respect for international labour standards and expressly cites the ILO instruments on wage fixing as relevant to the prevention of a downward spiral in labour conditions and to building recovery (paragraph 14). The Global Jobs Pact furthermore suggests that governments should consider options such as minimum wages that can reduce poverty and inequity, increase demand and contribute to economic stability (paragraph 23) and that in order to avoid deflationary wage spirals, minimum wages should be regularly reviewed and adapted (paragraph 12). The Committee trusts that the Government will make a point of adopting measures promptly to adjust the SMAG and asks it to keep the Office informed of all developments in this regard.

Article 5 and Part V of the report form. Application in practice. Aware of the Government’s difficulties in monitoring observance of the legislation on minimum wages owing to the current social and political situation and an ongoing lack of material resources, the Committee hopes that the Government will be in a position to provide information in its future reports on the manner in which the Convention is applied in practice, including statistics of the number of workers paid at the SMAG rate, and extracts of reports by the inspection services indicating the number and nature of contraventions reported and the measures taken to remedy them.

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

Article 1, paragraph 1, of the Convention. Fixing and adjusting minimum wages. The Committee notes that the guaranteed minimum agricultural wage (SMAG) has not been adjusted since 1994 and remains at the rate of 13,929 CFA francs (around US$27) a month in the coffee, rice, cocoa and cotton sectors and 17,443 CFA francs (around US$34) a month in other agricultural sectors. The Committee also notes the Government’s indication that in practice employed persons whose remuneration is set at the rate of the SMIG benefit from various advantages, such as benefits in kind, which take into account the cost of living and correspond closely to the expectations of employed persons. The Committee requests the Government to provide fuller information on its policy to give preference to benefits in kind and wage supplements as a means of increasing the real income of the poorest workers and to specify, in particular, whether this wage policy has been the subject of consultation with the social partners and the extent to which this practice of wage accessories undermines any prospect of a readjustment of the SMAG in the short or medium term. In this respect, the Committee is obliged to recall that one of the fundamental objectives of the Convention is to guarantee workers a minimum wage sufficient to meet their needs, but also to preserve the purchasing power of the wage, and that this objective can only be achieved through the periodic readjustment of minimum wage rates. The Committee hopes that the Government will take into consideration in the announced revision of its labour legislation the socio-economic trends in the country and the real needs of agricultural workers and their families with a view to bringing the minimum wage into line with these needs. It requests the Government to keep it informed of any development in this field.

Article 3, paragraph 4. Minimum wage rates for young workers. With regard to the wages of young workers, the Committee notes the indication that age is not a determining criterion in the fixing of wages, which are the same for all workers in the same sector, despite the contrary provisions of clause 49 of the Collective Agreement of 1977. In this respect, the Committee refers to its comments under Convention No. 26 and requests the Government to keep it informed of any measures adopted or envisaged to bring its legislation into conformity with prevailing practice.

Article 5 and Part V of the report form. The Committee considers that additional information is necessary with regard to the application of the Convention in the agricultural sector and hopes that the Government will provide statistical data in its next report on the number of workers covered by the SMAG, extracts of the reports of the inspection services indicating the number and type of infringements reported and the penalties imposed, and any other official document relating to the operation of the machinery for the fixing of the SMAG.

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

The Committee notes the report provided by the Government. It notes in particular the establishment of the minimum agricultural wage at CFA13,929 per month and would be grateful if the Government would provide with its next report copies of the legal texts determining the minimum wage rates applicable to all categories of workers, both in agriculture and in allied trades, such as forestry and animal husbandry. The Committee also requests the Government to indicate the minimum wage rates in force in coffee, cocoa, rice and cotton producing enterprises, for which the latest information provided dated back to 1992. The Committee would be particularly interested by any information allowing it to follow the evolution of minimum wage rates in agriculture over the past decade to enable it better to evaluate whether the minimum wage fixing machinery is succeeding in securing for agricultural workers a minimum wage that is constantly adjusted in line with the economic and social situation in the country and taking into consideration their most essential needs, thereby giving effect to the provisions of the Convention.

Furthermore, with reference to its previous direct request, the Committee notes that the Government’s report only partially provides the information requested under Article 5 and Part V of the report form in relation to the application of the Convention to agricultural work in practice. It trusts that in its next report the Government will provide, in addition to all the minimum wage rates in force including those applicable where appropriate to young workers in agriculture, any further information relating to the application of the Convention in practice, including statistics on the number and various categories of workers covered by the minimum wage regulations. Finally, the Committee requests the Government to provide further information on the system for supervising the application of the Convention through inspections and, where appropriate, the sanctions that are best adapted to the conditions obtaining in agriculture, in accordance with Article 4 of the Convention.

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

The Committee notes the information provided in the Government's report. It notes in particular the Government's indication to the effect that the provisions of the Labour Code regarding minimum wages apply to all workers, including those in the agricultural sector. The Committee requests the Government to provide, in accordance with Article 5, read in conjunction with point V of the report form, general information on the manner in which the Convention is applied in the agricultural sector, in particular: (i) the minimum wage rates applied; (ii) available statistics on the number and different categories of workers covered by the minimum wage regulations; and (iii) the results of any inspections carried out (violations noted, sanctions imposed, etc.).