Minimum Wage
There are no statutory minimum wages in Chad. Minimum guaranteed wage for the agriculture (SMAG) and non-agriculture (SMIG) workers is determined by the mutual agreement of the organizations that represent employers and workers. Minimum wages are revised at regular interval as determined in the agreement. Wages determined during this agreement are considered as having the force of law between the parties and their implementation is carried out by the labour inspectorate. Conflicts arising due to non-adherence to the agreement falls within the competence of the Labour Inspectorate and/or Labour Court.
Wage Scale is established during an agreement for all the workers in accordance with their classification and it is published in an official decree. Criteria to set forth the wages could not be located in the legislation. Minimum wage for agricultural workers (SMAG) differs from that of non-agricultural workers (SMIG).
Piece-rate worker must be paid by the employer the same wage a worker paid per hour would receive for the same or similar work. Young workers (14-18 years), working under apprenticeship, should receive at least 80% of the relevant minimum wage.
Minimum wage rates, as well as the conditions for remuneration for piecework must be posted at the employers' offices and at the payroll of the staff.
Compliance with all labour legislation including minimum wage is ensured by the labour inspectorate. Workers may file a complaint with the labour inspectorate. The inspectorate is empowered to issue proceedings against an employer for failing to follow the provisions of Labour Code including the minimum wages set by agreement. Employers who do not respect the wage clauses in collective agreements have to pay a fine of 14,000 to 73,500 CFA Francs. In the event of subsequent offence, the fine ranges from 73,500 to 147,000 CFA Francs.
Source: §249-252, 288 & 485 of the Labour Code 1996 (Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail); §7-11 of the Decree Concerning the Increase of the Minimum Wage for Agricultural and Non-Agricultural Workers, Decree No. 11-055 PR/PM/MFPT
Regular Pay
Salary must be paid by the employer in legal tender at or near the workplace. If an employee is absent on the pay day, he/she may receive it next day during working hours or in accordance with the internal rules of the enterprise.
The employer is obliged to issue to the worker, at the time of payment, an individual pay slip whose content is determined by decree on the proposal of the Minister of Labour and Social Security. The employer must also maintain a document evidencing the payment of wages that could be presented at the request from the labour Inspector.
Wages are paid by hourly, daily or monthly basis. Monthly payment of wages must be made within 08 days of the end of wage period.
In case of termination or breach of contract, the salary and allowances are paid at the end of the service. However, in case of dispute, the employer may obtain from the President of the Labour and Social Security Tribunal, the temporary withholding of all or part of the sums due.
Benefits received in kind may give rise to a deduction from the workers’ salary. In the event that the employer provides the worker with one meal, an amount equal to the hourly minimum wage rate for agricultural workers may be deducted from the worker’s salary. If the daily ration is provided for the worker, an amount equal to twice the hourly minimum wage rate for agricultural workers may be deducted.
Payment of all or part of the salary in kind or in alcohol, alcoholic beverages and drugs is strictly prohibited.
Source: §257-265 of the Labour Code 1996 (Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail); §5 & 6 of the Decree Concerning the Increase of the Minimum Wage for Agricultural and Non-Agricultural Workers, Decree No. 11-055 PR/PM/MFPT; §41 & 45 of the General Collective Agreement, 2002
