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

Mali

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

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 (minimum wages) and 95 (protection of wages) together. The Committee notes the observations of the Confederation of Workers’ Unions of Mali (CSTM), received in 2017, on the application of these Conventions.

Legislative developments. Further to its previous comments, the Committee notes the adoption of Act No. 2017-021 of 12 June 2017 (a copy of which is attached to the Government’s report) amending several provisions of the Labour Code, to strengthen in particular the provisions on the protection of wages.

Minimum wages

Article 3(1) and (2) of Convention No. 26. Minimum wage-fixing machinery and participation of the social partners. Further to its previous comments, the Committee notes the adoption of Decree No. 2015-0363/P-RM of 19 May 2015 setting the guaranteed minimum interoccupational wage (SMIG). It also notes that section 284 of the Labour Code provides that: (i) the opinion of the Higher Labour Council is required in all cases in which regulations have to be issued under the provisions of the Labour Code; and (ii) the Higher Labour Council is also responsible for examining the elements that could serve as a basis for the determination of the minimum wage. The Committee requests the Government to provide information on the effect given in practice to section 284 of the Labour Code on the occasion of a future examination of the rates of the SMIG.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages. In its previous comments, the Committee noted the existence of repeated delays in the regular payment of wages in all sectors and requested the Government to intensify its efforts to resolve this situation. In this regard, the Committee notes the Government’s indication that no delay in the payment of wages has been reported since 2014. The Committee nevertheless notes that, according to the CSTM, certain parapublic institutions have several months of wage arrears, including delays in the payment of wages of between four and nine months for the workers of the Mali Geographical Institute. The Committee requests the Government to provide its comments on the CSTM’s observations.