Protection of Wages Convention, 1949 (No. 95) - Burkina Faso (Ratification: 1960)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that the partial payment of wages in the form of food and lodging is permitted under sections 183, 184 and 187 of the new Labour Code of 2008. The Committee notes with interest the adoption of Ministerial Order No. 2009-018/MTSS/SG/DGT/DER of 18 December 2009, determining the conditions for providing regular food supplies and fixing their monetary value, and Ministerial Order No. 2009-019/MTSS/SG/DGT/DER of 18 December 2009, determining the conditions for providing appropriate housing and fixing its monetary value. It also notes, in particular, that the amount to be deducted for every work day cannot be higher than the amount corresponding to two hours’ wages in the case of food supplies and no more than half-an-hour’s wages in the case of housing, both calculated at the minimum guaranteed interoccupational wage (SMIG) rate. Noting that section 187 of the new Labour Code provides for decrees regulating allowances in kind other than food and lodging such as agricultural land, the Committee requests the Government to keep the Office informed of any further developments in this respect.

Article 6 of the Convention. Prohibition on limiting the freedom of workers to dispose of their wages. The Committee notes the Government’s reference to section 203 of the new Labour Code which grants absolute priority to workers’ wage claims in the case of the employer’s bankruptcy and judicial liquidation of his/her assets. The Committee observes, however, that this provision does not guarantee conformity with Article 6 of the Convention. In this connection, it wishes to refer to paragraph 177 of the 2003 General Survey on protection of wages in which it pointed out that Article 6 is aimed at protecting the full discretion of workers as to the use they wish to make of their wages against any kind of duress that an employer might exert in this regard. Its scope is broad enough to include not only earnings that have already been paid, but also to wages still due to the workers. It therefore prohibits both limitations imposed on the freedom of workers to dispose of their wages after they have received them (e.g. the obligation to place part of their earnings in a works saving fund) and limitations applying to workers’ claims in general (agreements regarding wage stoppages or deductions for certain purposes). Noting the Government’s statement that provisions giving effect to this requirement of the Convention will be adopted in the context of formulating regulations for the implementation of the new Labour Code, the Committee requests the Government to keep the Office informed of any progress made in this regard.

Article 10 of the Convention. Attachment and assignment of wages. Further to its previous comments on this point, the Committee notes with interest the adoption of Decree No. 2008-741/PRES/PM/MTSS/MEF/MFPRE/MJ/DEF of 17 November 2008 on attachment, assignment and deductions of wages, which replaces earlier decrees of 1955 and 1973 and which follows the principles of the Uniform Act Organising Simplified Recovery Procedures and Measures of Execution of the Organisation for the Harmonisation of Business Law in Africa (OHADA).

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that sections 105, 106 and 108 of the old Labour Code of 1992 are reproduced in sections 176, 177 and 179 of the Labour Code of 2004. It also notes the Government’s statement that partial payment of wages in kind (adequate accommodation and regular food supply) is common practice in the construction and public works sector and is monitored by the labour inspection services, but that so far no regulations have been adopted to establish arrangements for these and other allowances paid in kind. The Committee hopes that the Government will adopt the relevant ministerial orders without delay and asks it to report on progress in this matter.

The Committee further notes that according to section 397 of the Labour Code, the implementing regulations to Act No. 11/92/ADP of 22 December 1992 remain in force in respect of everything that is not contrary to the Code. The Committee therefore asks the Government to specify whether Orders Nos. 77 312 and 77-313 of 17 November 1977 establishing, respectively, the instances and conditions in which daily rations and accommodation are to be supplied, are still in force.

Article 6. Prohibition on limiting the freedom of workers to dispose of their wages. The Committee observes that sections 183 and 184 of the Labour Code to which the Government refers in connection with this provision of the Convention, are in no way linked to the prohibition on limiting the workers’ freedom to dispose of their wages. The Committee draws the Government’s attention to paragraph 210 of its General Survey of 2003 on the protection of wages, in which it expressed the view that “nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention”. The Committee accordingly asks the Government to indicate the measures taken or envisaged to bring its legislation into line with the Convention on this point.

Article 10. Attachment and assignment of wages. The Committee hopes that the Government will shortly be in a position to provide copies of the orders provided for in section 204 of the Labour Code prescribing the limits within which wages may be attached or assigned, and the maximum allowable amounts of such deductions.

The Committee further notes that according to section 397 of the Labour Code, the implementing regulations to Act No. 11/92/ADP of 22 December 1992 remain in force in respect of everything that is not contrary to the Code. The Committee therefore asks the Government to specify whether Order No. 55-972 of 16 July 1955 respecting attachment, assignment and deductions from wages is still in force.

Part V of the report form. Practical application. The Committee would be grateful if the Government would provide general information on the application of the Convention, including, for instance, extracts of reports by the labour inspection services that refer to wage protection, together with information on any difficulties of a practical nature encountered in implementing the Convention.

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

The Committee notes the information supplied by the Government in its report. It notes in particular the adoption of Act No. 033-2004/AN of 29 October 2004 issuing the Labour Code. The Committee would appreciate further information on the following matters.

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that sections 105, 106 and 108 of the old Labour Code of 1992 are reproduced in sections 176, 177 and 179 of the new Labour Code of 2004. It also notes the Government’s statement that partial payment of wages in kind (adequate accommodation and regular food supply) is common practice in the construction and public works sector and is monitored by the labour inspection services, but that so far no regulations have been adopted to establish arrangements for these and other allowances paid in kind. The Committee hopes that the Government will adopt the relevant ministerial orders without delay and asks it to report on progress in this matter.

The Committee further notes that according to section 397 of the new Labour Code, the implementing regulations to Act No. 11/92/ADP of 22 December 1992 remain in force in respect of everything that is not contrary to the Code. The Committee therefore asks the Government to specify whether Orders Nos. 77‑312 and 77-313 of 17 November 1977 establishing, respectively, the instances and conditions in which daily rations and accommodation are to be supplied, are still in force.

Article 6. Prohibition on limiting the freedom of workers to dispose of their wages. The Committee observes that sections 183 and 184 of the new Labour Code to which the Government refers in connection with this provision of the Convention, are in no way linked to the prohibition on limiting the workers’ freedom to dispose of their wages. The Committee draws the Government’s attention to paragraph 210 of its General Survey of 2003 on the protection of wages, in which it expressed the view that “nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention”. The Committee accordingly asks the Government to indicate the measures taken or envisaged to bring its legislation into line with the Convention on this point.

Article 8. Deductions from wages. The Committee notes with satisfaction that, as it suggested in its previous comments, section 203 of the new Labour Code no longer provides for deductions or deposits to be prescribed in individual contracts of employment, but only in collective agreements.

Article 10. Attachment and assignment of wages. The Committee hopes that the Government will shortly be in a position to provide copies of the orders provided for in section 204 of the new Labour Code prescribing the limits within which wages may be attached or assigned, and the maximum allowable amounts of such deductions.

The Committee further notes that according to section 397 of the new Labour Code, the implementing regulations to Act No. 11/92/ADP of 22 December 1992 remain in force in respect of everything that is not contrary to the Code. The Committee therefore asks the Government to specify whether Order No. 55-972 of 16 July 1955 respecting attachment, assignment and deductions from wages is still in force.

Part V of the report form. The Committee would be grateful if the Government would provide general information on the application of the Convention, including, for instance, extracts of reports by the labour inspection services that refer to wage protection, together with information on any difficulties of a practical nature encountered in implementing the Convention, etc.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report as well as the adoption of Act No. 11-92/ADP of 22 December 1992 establishing the Labour Code. It also notes that, following the entry into force of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), for Burkina Faso on 11 February 2000, its obligations under Article 11 of the Convention have been terminated.

Article 4 of the Convention. The Committee notes that under sections 105, 106 and 108 of the new Labour Code, employers are required under certain conditions to provide workers with appropriate accommodation, a regular supply of foodstuff, or other allowances in kind, and that the conditions for the reimbursement of such allowances shall be established by Ministerial Orders to be issued upon the recommendation of the Labour Consultative Commission. The Committee requests the Government to supply additional information on the application in practice of sections 105, 106 and 108 of the Labour Code, and to communicate the text of the Orders in question once they are issued.

Article 6. The Committee is bound to recall that this Article calls for an appropriate legislative provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. It therefore requests the Government to indicate the measures it intends to take to give effect to the Convention in this regard.

Article 8. The Committee notes that under section 128 of the Labour Code deductions from wages may be made for deposits ("consignations") set out in contracts of employment. The Committee points out, however, that according to the terms of the Convention the types and extent of deductions from wages should be prescribed by national laws or regulations or fixed by collective agreement or arbitration award and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted under contracts of employment so as to ensure legislative conformity with this Article of the Convention.

Article 10. The Committee notes that, under section 129 of the Labour Code, the limits within which wages may be attached or assigned as well as the maximum amount of authorized deductions will be fixed by Orders to be adopted by the Council of Ministers upon the recommendation of the Labour Consultative Commission. The Committee requests the Government to supply a copy of those Orders as soon as they are promulgated.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Further to its previous comments, the Committee notes the information supplied by the Government concerning the decentralization of the labour administration. The Committee asks the Government in its next report to provide specific information enabling it to ascertain how the Convention is applied in practice (for example, extracts of official reports, data on the number and nature of infringements of the legislation on wage protection and the penalties imposed).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes from the Government's report that the intention expressed by the Government in its earlier report of setting up a labour inspection unit in each province of the territory in order to improve the implementation of the Convention has encountered difficulties and delays, but that the objective has not been abandoned. The Committee requests the Government to continue supplying information on any progress made concerning the decentralisation of the labour administration as well as other information which will enable an assessment to be made of the implementation of the Convention in practice.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government's last report concerning the steps taken with regard to the application of social legislation respecting wages. It also notes the difficulties that the inspection service encounters in applying the Convention's provisions; these difficulties are related in particular to the fact that many branches of activity are informal and consequently difficult to supervise. The Committee recalls that the Government expressed the intention in its previous report of setting up a labour inspection unit in each province of the territory in order to improve the implementation of the Convention. The Committee would be grateful if the Government would supply information in its next report concerning the practical effect given to the planned measures, and it requests the Government to continue supplying information which will enable an assessment to be made of the implementation of the Convention in practice.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes the information contained in the Government's last report concerning the steps taken with regard to the application of social legislation respecting wages. It also notes the difficulties that the inspection service encounters in applying the Convention's provisions; these difficulties are related in particular to the fact that many branches of activity are informal and consequently difficult to supervise. The Committee recalls that the Government expressed the intention in its previous report of setting up a labour inspection unit in each province of the territory in order to improve the implementation of the Convention. The Committee would be grateful if the Government would supply information in its next report concerning the practical effect given to the planned measures, and it requests the Government to continue supplying information which will enable an assessment to be made of the implementation of the Convention in practice.