Work and Wages
Minimum Wage
In accordance with the Labour Code, decrees issued by the Council of Ministers, after consulting with the Consultative Commission on Labour and Employment, set the guaranteed minimum wage (SMIG) for each professional category. These decrees also set, in the absence of collective agreements, minimum overtime rate and night work rate or rate for working on non-working days and possibly seniority bonuses and attendance bonus. The minimum rates of wages and conditions of Labor compensation are displayed at the offices of employers and places of staff payroll.
Minimum wage is determined on monthly basis. Enforcement of labour laws, including minimum wage, is ensured by labour inspectors and labour controllers. In the case of violation of Labour Code provisions on minimum wages, a fine of 200,000 to 300,000 CFA Francs. In the case of conviction, double fine is imposed.
Source: §163, 165, 267 & 350 of the Labour Code 2012
For updated minimum wage rates, please refer to the section on minimum wage.
Regular Pay
Salary means the basic or minimum wage and any other benefits, paid directly or indirectly in cash or in kind, by the employer to the worker because of employment.
In accordance with the Labour Code, wages must be paid regularly in legal tender at the workplace. Salary may also be transferred to the bank or paid by cheque at the request of a worker. With the exception of occupations for which established practices provide for different payment frequency, wage interval must not exceed 15 days for workers who are engaged on a daily or weekly basis. Wages of employees engaged for a fortnight or month must be paid in one-month intervals. Monthly payment must be made no later than 8 days after the end of work, which entitles a worker to a salary.
The payment date for piecework that lasts for more than a fortnight may be set by mutual agreement. However, the worker must receive fortnightly instalments of at least 90% of minimum wage, and the remainder must be fully paid in the fortnight following the delivery of the work.
It is obligatory for the employer to safely keep the documents related to the payment of salary. Individual payment slips are also issued to the worker at the time of payment unless otherwise authorized by the labour inspector. The format of pay slips is determined by the decree of the Council of Ministers, issued in consultation with the Consultative Commission of Labour and Employment.
Workers are entitled to wages without any kind of deduction except in cases prescribed by the law or collective agreement. Under the Labour Code, deductions from salaries can happen in the following cases:
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Mandatory deductions (taxes, social security contributions, etc.)
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Deductions allowed by collective agreements or employment contracts
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Wage garnishment (a court order directing an employer to legally withhold a worker’s salary to pay off a debt or obligation such as child support, unpaid taxes, etc.)
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Voluntary assignment of wages with worker’s consent (such as loan repayment, payment of rent arrears, pay a medical debt).
The Council of Ministers must issue a decree, after consultation with the Consultative Commission of Labour and Employment, to determine the portion and rate of wages that can be deducted. The extent of deductions is clearly specified in section 410 of the 2017 Regulations under the Labour Code.
The maximum advance limits are specified in the 2017 Regulations as follows:
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6 months’ salary for a worker earning less than twice the minimum monthly wage.
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12 months’ salary for a worker earning more than twice the minimum wage.
Source: §168-182 of the Labour Code 2012; §410 & 413 of the Decree No. 2017-682
Regulations on Work and Wages
- Code du travail 2012 / Labour Code, 2012
- Décret n° 2017-682 Acuerdo Ministerial JCH-08-06-10 of 2010 / Decree No. 2017-682 Ministerial Agreement JCH-08-06-10 of 2010
