Minimum Wage
The minimum wage in Ivorian law is governed by the Labour Code and the Constitution. Indeed, the right to decent working conditions and fair remuneration is guaranteed to every Ivorian worker.
Under the Labour Code, there are two minimum wages in Côte d'Ivoire: the SMIG (Salaire Minimum Interprofessionnel Garanti), which was revised in November 2013 and is set at 60,000 CFA francs per month, and the SMAG (Salaire Minimum Agricole Garanti), which is set at 36,000 CFA francs per month and has not been revised since 1994.
The amounts of the minimum wages (SMIG and SMAG) are determined by decree after the opinion of the Consultative Labour Commission. Thus, every three years, the social partners negotiate the amounts of the SMIG and SMAG within the Consultative Labour Commission.
In the absence of collective agreements, regulations determine:
(i) the professional categories and the corresponding minimum wages; (ii) the minimum rates of increase for overtime worked during the day and night on working days, Sundays and public holidays; and (iii) possibly, seniority and attendance bonuses.
Remuneration for piecework must be calculated in such a way that it provides workers of average ability and normal work with a wage at least equal to that of a worker paid by the hour and doing similar work.
The law does not contain provisions for monitoring the compliance of the minimum wage, but it does provide that labour inspectors observe breaches of the provisions of the labour legislation and have the power to impose sanctions (fines) and may refer cases to the labour court.
The Labour and Social Legislation Inspectorate is the body responsible for ensuring the application and monitoring of compliance with legislative and regulatory provisions relating to general working and employment conditions.
Sources: Articles 31.5, 31.8, 91.3 and 91.6 of the 2015 Labour Code; Article 1 of Decree No. 2013-791 of 20 November 2013 on the Revalorisation of the Guaranteed Interprofessional Minimum Wage in the Republic of Ivory Coast
Regular Pay
In accordance with the provisions of the Ivorian Labour Code, wages are defined as the minimum wage and its accessories as well as all other benefits, paid directly or indirectly in cash by the employer to the worker in return for the latter's employment.
Thus, the payment of wages must be made in legal tender, and except in cases of force majeure, at the workplace or at the employer's office when it is close to the workplace. Nor may payment be made under any circumstances, either on the worker's day of rest or in a drinking establishment or sales shop, except for workers who are normally employed there. Likewise, the law formally prohibits the payment of alcohol, alcoholic beverages or drugs. Furthermore, no worker is obliged to accept payment in whole or in part in kind. Furthermore, with the exception of professions listed by decree, the employer is obliged to pay wages at regular intervals not exceeding fifteen days for workers hired on a daily or weekly basis, and one month for workers hired on a fortnightly or monthly basis.
In the case of monthly payments, payment must be made no later than eight days after the end of the month of work which gives rise to the right to wages. However, for any piecework or output work that is to be performed for more than a fortnight, the worker shall receive, each fortnight, advance payments corresponding to at least 90% of the minimum wage and shall be paid in full within the fortnight following delivery of the work.
For equal working conditions or for work of equal value, the employer is obliged to ensure equal pay for all employees, regardless of their sex, age, social origin, race, national origin, political and religious opinions, or membership or non-membership of a trade union.
Apart from compulsory deductions and deposits which may be provided for by collective agreements, the employer may only deduct from wages or salaries for the repayment of money advanced to the worker by voluntary assignment of the remuneration. The voluntary assignment of wages and salaries shall be made by the worker before the president of the court of his place of residence or, failing that, the Inspector of Labour and Social Laws.
In general, the deduction from wages may not, for each pay, exceed the seizable portion, the rates of which are fixed by decree.
In the event that a permanent worker, who is not a native of the place of employment and does not have habitual residence there, cannot, by his own means, obtain sufficient accommodation for himself and his family, the employer is obliged to provide it under the conditions set by decree. The law also obliges the employer to provide or assist in the provision of foodstuffs, when the same worker cannot, by his own means, obtain regular supplies for himself and his family.
Source: Art. 31.1, 32.1, 31.2, 31.4, 31.7, 31.8, 32.7, 34.1 & 34.2 Labour Code, 2015
