Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Guinea (Ratification: 1959)

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 minimum wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 in a single comment.

Article 3 of Conventions Nos 26 and 99. Minimum wage fixing machinery. Further to its previous comments on the application of section 241.7(1) of the Labour Code, which provides that all employees have the right to a guaranteed inter-occupational minimum wage (SMIG) and that the guaranteed minimum rate for an hour of work shall be determined by decree, after the Advisory Committee on Labour and Social Legislation has issued an opinion, the Committee notes the Government’s indication that a decree is being formulated. The Committee therefore requests the Government to provide information on the adoption of this decree and on the consultations held in the Advisory Committee on Labour and Social Legislation on this matter.

Article 4 of Conventions Nos 26 and 99. System of supervision and sanctions. The Committee notes that sections 523.19 to 523.33 of the Labour Code establishing penalties for failure to comply with certain provisions of the Code do not cover section 241.7(1). The Committee therefore requests the Government to provide information on the sanctions applicable for failure to observe the minimum wage.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s reports have not been received. In its previous comments, the Committee raised several matters regarding the application of these Conventions. It notes the adoption of Act No. L/2014/072/CNT of 10 January 2014, issuing the Labour Code, several sections of which, especially within Title IV of Book 2, entitled “Wages and other elements of the remuneration” relate to the application of these Conventions. For example, section 241.7 provides that all employees have the right to a guaranteed inter-occupational minimum wage (SMIG) and that the guaranteed minimum rate for an hour of work shall be determined by decree, after the Advisory Committee on Labour and Social Legislation has issued an opinion. Moreover, several other sections within the said Title contain provisions on the protection of wages. The Committee therefore proposes to examine in detail the application of Conventions Nos 26, 95 and 99 at its next session and hopes that it will have before it the Government’s detailed reports on that subject. It also requests the Government to provide information on any decree adopted under section 241.7 of the Labour Code.

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

Article 1 of the Convention. Introduction of a minimum wage. Further to its previous comments, the Committee notes with interest the draft new Labour Code, section 241.7 of which provides for the fixing by decree, after an opinion from the Labour and Social Legislation Advisory Committee (a tripartite body comprising, under the terms of section 515.3 of the draft Code, eight representatives of the employers and eight representatives of the workers from the private and the semi-private sectors), of a guaranteed inter-occupational minimum wage (SMIG). It notes that negotiations are currently in progress with a view to determining the amount of the SMIG and understands that the adoption of a decree to this end is one of the priorities for the trade union movement of Guinea. The Committee hopes that the negotiations in progress will soon be concluded and that the Government will take into account, when fixing the rate of the SMIG, the need to ensure a decent standard of living for workers and the economic situation of the country, and that the amount of the minimum wage will be adjusted regularly in accordance with changes in indicators such as the rate of inflation. Finally, in order to ensure the effectiveness of the regulations to be adopted on the SMIG, the Committee would emphasize the importance of measures intended to publicize the amount of the minimum wage in force and monitor the application of these regulations in practice, particularly through the activities of the labour inspectorate. The Committee requests the Government to keep the Office informed of any progress made in the process of adoption of the decree fixing the amount of the SMIG, sending a copy of the prior opinion issued by the Labour and Social Legislation Advisory Committee once it is available, and send all available information on the measures which will be implemented to ensure the effective application of this decree.

The Committee further notes the documents attached to the Government’s report containing the collective agreement and the wage scale for the construction, public works and civil engineering sectors, and also the wage scale negotiated for the Novotel/GHI company. The Committee requests the Government to continue to supply information on national or sectoral collective agreements fixing minimum wage rates.

Finally, the Committee wishes to take this opportunity to remind the Government that, on the basis of the recommendations of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 26 was one of the instruments which were no longer up to date, even though they were still relevant in certain respects (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Committee therefore suggests that the Government contemplate the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents a degree of progress in comparison with Convention No. 26, for example, by providing for a wider scope, the setting up of a general minimum wage system and the adoption of certain criteria for determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken in this regard.

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

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

Repetition

Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its last report, the Government is maintaining its decision not to introduce the guaranteed interoccupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48-hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high, which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.

The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.

The Committee notes that, according to the information provided by the Government in its last report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see paragraphs 99–101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.

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

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

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

Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its last report, the Government is maintaining its decision not to introduce the guaranteed interoccupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48-hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high, which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.

The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.

The Committee notes that, according to the information provided by the Government in its last report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see paragraphs 99–101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.

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

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

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

Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its last report, the Government is maintaining its decision not to introduce the guaranteed interoccupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48-hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high (in the order of 30 per cent in the second half of 2005), which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.

The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.

Collective agreements. The Committee notes that, according to the information provided by the Government in its last report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see
paragraphs 99–101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.

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

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

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

Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its last report, the Government is maintaining its decision not to introduce the guaranteed interoccupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48-hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high (in the order of 30 per cent in the second half of 2005), which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.

The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.

Collective agreements. The Committee notes that, according to the information provided by the Government in its last report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see
paragraphs 99–101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.

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

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

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

Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its last report, the Government is maintaining its decision not to introduce the guaranteed interoccupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48-hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high (in the order of 30 per cent in the second half of 2005), which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.

The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.

Collective agreements. The Committee notes that, according to the information provided by the Government in its last report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see paragraphs 99–101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.

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

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

Articles 1 and 3 of the Convention. Introduction of a minimum wage and consultation of the social partners. The Committee notes with regret that, according to the information contained in its report, the Government is maintaining its decision not to introduce the guaranteed inter-occupational minimum wage (SMIG) at the present time in view of the economic situation of the country. It also notes that, as acknowledged by the Government in its report, the introduction of a minimum wage is an important claim of national trade union organizations. The Committee notes in this respect that in November 2005 a 48‑hour general strike was called by the National Confederation of Workers of Guinea (CNTG), and that the claims included the establishment of a minimum wage. In this context, it notes with concern that the inflation rate in Guinea appears to be particularly high (in the order of 30 per cent in the second half of 2005), which makes it all the more necessary to ensure workers a minimum wage permitting them and their families to benefit from a satisfactory standard of living.

The Committee deplores the fact that, despite its repeated comments on the subject, the Government has still not been able to adopt the decree determining the minimum guaranteed wage rate for one hour of work, as provided for in section 211 of the Labour Code. The Committee therefore urges the Government to take the necessary measures without further delay to give effect to the provisions of the Convention by adopting the implementing decree for section 211 of the Labour Code. The Committee would also be grateful to be provided with more detailed information on the measures adopted or envisaged to ensure effective consultations with the social partners on equal terms in all the stages of the process of fixing minimum wages, as required by the Convention.

Collective agreements. The Committee notes that, according to the information provided by the Government in its report, the minimum wage rates in the various sectors are determined in collective agreements. In this respect, it is bound to recall that the fixing of minimum wages by collective agreements is only permitted under certain conditions: the minimum wages must have the force of law, not be subject to abatement and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions (see paragraphs 99 to 101 of the 1992 General Survey on minimum wages). The Committee therefore requests the Government to indicate the manner in which compliance with these principles is ensured in the context of the system for fixing minimum wages by collective bargaining. It requests the Government to provide copies of these sectoral collective agreements containing provisions relating to the minimum wage and to indicate the number of men and women, and of adults and young persons, covered by such provisions.

[The Government is asked to reply in detail to the present comments in 2007.]

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 notes the Government’s report. It regrets that despite its repeated comments made in the past ten years, the Government has not as yet been in a position to issue the decree fixing the minimum hourly wage rate as referred to in section 211 of the Labour Code. The Committee has been requesting for some time past additional information particularly as regards the full consultation and equal participation of employers’ and workers’ organizations in the operation of the minimum wage fixing machinery provided for in the Labour Code. In its reply, the Government merely states that there is no guaranteed interoccupational minimum wage (SMIG) and that the statutory instrument in the implementation of section 211 of the Labour Code is still under examination. The Committee notes therefore with concern that the provisions of the Convention are no longer given effect in practice as the Government fails to determine minimum wage rates for the workers employed in those trades in which no arrangements exist for the effective regulation of wages by collective agreement and wages are exceptionally low. It urges once again the Government to take the necessary action to fulfil its obligations arising out of the ratification of this Convention and to communicate information on the measures taken to this end. Finally, the Committee reminds the Government that it may have recourse to the technical assistance of the Office on these matters.

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 2005.]

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

The Committee notes the Government’s report. It regrets that despite its repeated comments made in the past ten years, the Government has not as yet been in a position to issue the decree fixing the minimum hourly wage rate as referred to in section 211 of the Labour Code. The Committee has been requesting for some time past additional information particularly as regards the full consultation and equal participation of employers’ and workers’ organizations in the operation of the minimum wage fixing machinery provided for in the Labour Code. In its reply, the Government merely states that there is no guaranteed interoccupational minimum wage (SMIG) and that the statutory instrument in the implementation of section 211 of the Labour Code is still under examination. The Committee notes therefore with concern that the provisions of the Convention are no longer given effect in practice as the Government fails to determine minimum wage rates for the workers employed in those trades in which no arrangements exist for the effective regulation of wages by collective agreement and wages are exceptionally low. It urges once again the Government to take the necessary action to fulfil its obligations arising out of the ratification of this Convention and to communicate information on the measures taken to this end. Finally, the Committee reminds the Government that it may have recourse to the technical assistance of the Office on these matters.

[The Government is asked to report in detail in 2004.]

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:

In its previous observation, the Committee noted the comments of the General Union of Workers of Guinea (UGTG) to the effect that, in its view, the wage scales for public sector employees were not sufficient to cover the living costs of a worker’s family of five members and that the new Labour Code of 1988 was applied without any subsequent text having been issued. The Committee also noted that, under the terms of section 211 of the Labour Code, the minimum hourly wage rate is fixed by decree. It also noted the Government’s indication that it intends to promote free wage bargaining in enterprises and to take account of the results of such bargaining in fixing a guaranteed inter-occupational minimum wage. The Committee therefore asked the Government to provide detailed information on the application of the minimum wage fixing machinery provided for in the new Code, particularly as regards consultation and participation of employers’ and workers’ organizations in equal numbers and on equal terms (Article 3, paragraph 2, of the Convention). It also asked the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

The Government, in reply to these comments, notes that, contrary to the claims of the UGTG, the public sector is still covered by the Public Service Regulations and as such is in a different category from the private and mixed sectors, which are governed by the Labour Code. The wage scales are applied to public servants, but not to the occupational branches in the private sector, where completely free wage bargaining between employers and employees prevails. In the interests of promoting free wage bargaining in enterprises, the Government has proceeded to set up machinery for the various sectors. Collective agreements and accords have thus been concluded (public works, buildings, agricultural engineering and the like; mining, quarries and chemical industries; banking and insurance) or are under discussion (hotels and similar establishments). With regard to the public servants and contract staff employed by the Government, salaries are based on a single grade-related scale in which the value of each salary step is fixed by decree following negotiations between the Government and public service unions.

The Committee notes this information. It asks the Government once again to provide detailed information on the application of the minimum wage fixing machinery provided for in the Labour Code, particularly as regards consultation and participation of employers’ and workers’ organizations in equal numbers and on equal terms (Article 3, paragraph 2, of the Convention). It also asks the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

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

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

The Committee notes the information provided in the Government's report in reply to its previous comments.

In its previous observation, the Committee noted the comments of the General Union of Workers of Guinea (UGTG) to the effect that, in its view, the wage scales for public sector employees were not sufficient to cover the living costs of a worker's family of five members and that the new Labour Code of 1988 was applied without any subsequent text having been issued. The Committee also noted that, under the terms of section 211 of the Labour Code, the minimum hourly wage rate is fixed by decree. It also noted the Government's indication that it intends to promote free wage bargaining in enterprises and to take account of the results of such bargaining in fixing a guaranteed inter-occupational minimum wage. The Committee therefore asked the Government to provide detailed information on the application of the minimum wage-fixing machinery provided for in the new Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2 of the Convention). It also asked the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

The Government, in reply to these comments, notes that, contrary to the claims of the UGTG, the public sector is still covered by the Public Service Regulations and as such is in a different category from the private and mixed sectors, which are governed by the Labour Code. The wage scales are applied to public servants, but not to the occupational branches in the private sector, where completely free wage bargaining between employers and employees prevails. In the interests of promoting free wage bargaining in enterprises, the Government has proceeded to set up machinery for the various sectors. Collective agreements and accords have thus been concluded (public works, buildings, agricultural engineering and the like; mining, quarries and chemical industries; banking and insurance) or are under discussion (hotels and similar establishments). With regard to the public servants and contract staff employed by the Government, salaries are based on a single grade-related scale in which the value of each salary step is fixed by decree following negotiations between the Government and public service unions.

The Committee notes this information. It asks the Government once again to provide detailed information on the application of the minimum wage-fixing machinery provided for in the Labour Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2, of the Convention). It also asks the Government to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

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

The Committee notes the information supplied by the Government and the comments on the application of this Convention communicated by the General Union of Workers of Guinea (UGTG), a copy of which was sent to the Government in November 1992 for its comments.

The UGTG indicates that, in its view, the wage scales for public sector employees are not sufficient to cover the living costs of a worker's family of five members and that the new Labour Code of 1988 is applied without any subsequent texts having been issued. The Committee notes that the Government has not sent its comments on the above-mentioned observations of the UGTG.

The Committee notes that under section 211 of the Labour Code the minimum hourly wage rate is fixed by decree. It also notes the Government's indication in its report that it intends to promote free wage bargaining in enterprises and to take account of the results in fixing a guaranteed inter-occupational minimum wage. The Committee asks the Government to provide detailed information on the application of the minimum wage-fixing machinery provided for in the new Code, particularly as regards consultation and participation of employers' and workers' organizations in equal numbers and on equal terms (Article 3, paragraph 2(1) and (2), of the Convention). It asks the Government also to provide information on the results of the application of this machinery in accordance with Article 5, and in particular copies of decrees issued under section 211 of the Labour Code.

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

The Committee takes note of the information supplied by the Government in its 1986 report indicating that section 241-6 of the draft Labour Code provides for the fixing of a guaranteed minimum wage with hourly rates to be determined by Decree at least once a year. It also takes note of the information contained in the Government's last report indicating the decision to implement a wages policy, following a mission carried out by an ILO expert.

The Committee hopes that the Government will provide full particulars of the steps being taken for the adoption of the draft Labour Code and the minimum wages system, with particular reference to steps taken to ensure consultation of employers' and workers' organisations and their association, in equal numbers and on equal terms, in the operation of the minimum wage-fixing machinery.