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

Côte d'Ivoire

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 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.