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

Gabon

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1960)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1960)
Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) (Ratification: 1961)

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

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

Minimum wages

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

Protection of wages

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