Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 26) sur les méthodes de fixation des salaires minima, 1928 - Tchad (Ratification: 1960)

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.