Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

Article 3 of the Convention. Readjustment of minimum wage rates. In reply to the Committee’s previous comment, the Government indicates in its report that the increase made in 2008 in the guaranteed minimum interoccupational wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) to 28,000 CFA francs (XOF) per month (approximately US$57) was an emergency measure designed to provide relief for workers faced with the increase in the cost of living and only an in-depth study would make it possible to determine whether this rate is sufficient to ensure a decent standard of living for the least skilled workers and their families. However, the Committee understands that the price of certain basic foodstuffs and energy commodities has increased substantially, resulting in social conflict and strikes in the water, wood and construction, transport, health and agriculture sectors. Moreover, it notes that, according to the Poverty Reduction Strategy Paper for 2009–11 of the International Monetary Fund (IMF) (report No. 10/33 of February 2010, pages 29–30), 74.6 per cent of households consider themselves to be poor and state that they are unable to meet the expenses relating to schooling for their children, payments for health care, clothing, lodging and food. According to this survey, inadequate wages and the irregular payment thereof are quoted as one of the main causes of the deterioration in living conditions for households. Finally, the Committee notes that the National Council for Social Dialogue (CNDS) met in October 2010 and August 2011 to discuss the measures to be taken, especially in relation to wages, in order to improve workers’ living conditions. Recalling that under the terms of section 121 of the Labour Code, account must be taken, in the determination on minimum wage rates, of the needs of workers and their families, general wage levels in the country, the cost of living and fluctuations therein, social security benefits, economic factors, the requirements of economic development, and productivity and employment levels, the Committee requests the Government to provide detailed information on any decision taken or contemplated with a view to the possible readjustment of the amount of the SMIG or SMAG. The Committee would also be interested in receiving a copy of reports and studies used as the basis for any work by the National Council for Labour (CNTLS), prior to any increase in the SMIG or SMAG.

Article 4. System of supervision and sanctions. The Committee understands that many enterprises, especially in the phosphates sector, do not observe the regulations in force regarding the rate of the SMIG. It requests the Government to indicate the measures taken or contemplated with a view to increasing action on the part of the inspection services and thereby ensuring effective and systematic enforcement of the regulations on minimum wages.

Article 5 and Part V of the report form. Application in practice. The Committee notes the difficulties encountered by the Government in the establishment of the database of statistics on inspection activities. It hopes that the Government will soon be in the position to supply general information on the application of the Convention in practice, especially statistics on the number of workers paid the SMIG or SMAG, extracts from reports of the inspection services containing information on the number of reported infringements and the corrective measures taken, copies of collective agreements fixing sectoral minimum wage rates, and also any official documents or studies dealing with wage policy issues which would enable an evaluation of the manner in which the Convention is applied.

Finally, noting that the national legislation relating to minimum wages appears to be largely in conformity with the requirements of the Minimum Wage Fixing Convention, 1970 (No. 131), the Committee again requests the Government to consider ratifying this instrument and requests it to keep the Office informed of any decision taken or contemplated in this respect.