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Burkina Faso - Minimum Wages - 2011


LAST UPDATE

16 November 2011.

SOURCES


Name of Act

Labour Code,
Act No. 028-2008, dated 13 May 2008, promulgated by Decree No. 2008-331/PRES of 19 June 2008.

Name of Act

Decree No. 2006-655/PRES/PM/MTSS/MFB, of 29 December 2006,
setting guaranteed inter-occupational minimum wages.

LEGAL DEFINITIONS


Employee/worker

Is considered an employee (a worker), under this Act, anyone who commits himself/herself to carry out his/her professional activity for a remuneration, under the direction and authority of another person, physical or business, public or private called employer.

To determine the quality of the employee, neither the employer’s nor the employee’s legal status is taken into account.
Labour Code §2

Employer

Is considered an employee (a worker), under this Act, anyone who commits himself/herself to carry out his/her professional activity for a remuneration, under the direction and authority of another person, physical or business, public or private called employer.
Labour Code §2(1)

MINIMUM WAGE FIXING


Procedure


Government decides alone

Decrees taken by Cabinet meeting, upon advice of the consultative labour commission, determine:
1) The interprofessional minimum wages guaranteed according notably, to the general wage level in the country and the cost of living and considering the economic factors;
2) The composition, assignments and functioning of a national commission for the guaranteed inter-professional wages;
3) The cases in which other provisions than those aimed at in articles 183 and 184 must be conceded, their assignment terms and the rates of reimbursement rates;
4) possibly the assignment terms of benefits in kind, notably for farm lands.
In the absence of collective agreement or in their silence, a decree taken in government meeting also fixes:
1) The professional categories and the corresponding minimum wages;
2) The seniority and output premiuns eventually.

An advisory labour commission is established at the level of the ministry in charge of labour.
The commission, chaired by the minister in charge of labour or his representative, is made up of employers and employees on the basis of equal representation.
The latter are designated by the organisations most representative of the employers and of the workers or by the minister in charge of labour in the event of absence of representative organisations, pursuant to the above article 302, subparagraph 3.
Labour Code §187, 405

Minimum wage set through decentralized collective bargaining

Wages may also be determined by collective agreement provided that these rates are no lower than the minimum wage rates established by the government.
In the event that a collective agreement does not stipulate wage rates for a sector or group of workers, the government may determine minimum wage scales according to the occupational category of the workers concerned.
Labour Code §107

Criteria


Cost of living

Decrees taken by Cabinet meeting, upon advice of the consultative labour commission, determine:
1) The interprofessional minimum wages guaranteed according notably, to the general wage level in the country and the cost of living and considering the economic factors.
Labour Code §187(1)

Level of wages and incomes in the country

Decrees taken by Cabinet meeting, upon advice of the consultative labour commission, determine:
1) The interprofessional minimum wages guaranteed according notably, to the general wage level in the country and the cost of living and considering the economic factors.
Labour Code §187(1)

Economic development

Decrees taken by Cabinet meeting, upon advice of the consultative labour commission, determine:
1) The interprofessional minimum wages guaranteed according notably, to the general wage level in the country and the cost of living and considering the economic factors.
Labour Code §187(1)

Inflation rate

Decrees taken by Cabinet meeting, upon advice of the consultative labour commission, determine:
1) The interprofessional minimum wages guaranteed according notably, to the general wage level in the country and the cost of living and considering the economic factors.
Labour Code §187(1)

Other provisions

The advisory labour commission is also charged to study the criteria that could serve as basis for the determination and the readjustment of the minimum wage.
Labour Code §408(3)

Coverage


Scope

This Act applies to employees and employers carrying out their professional activity in Burkina Faso.

The civil servants, magistrates, militaries and employees of the local governments, as well as any employee ruled by a specific act are not subject to the provisions of this Act.

The decree on minimum wage applies to all workers, both agricultural or non-agricultural workers.
Labour Code §1, 3
Decree No. 2006-655/PRES/PM/MTSS/MFB §1, 2

Excluded categories


» Workers

Civil servants, magistrates, militaries, employees of the local government and apprentices are excluded from the minimum wage provisions.
Labour Code §1, 3
Decree No. 2006-655/PRES/PM/MTSS/MFB §1, 2

Specific minimum wage rates


» Specific minimum wage by occupation

No

» Specific minimum wage by sector

Yes. A different minimum wage rate is determined for agricultural and non-agricultural workers.
Decree No. 2006-655/PRES/PM/MTSS/MFB

» Specific minimum wage by region

No

» Minimum wage levels for specific categories of workers


» Piece-rate workers

The remuneration for a task work or to the piece must be calculated so that it gives to the employee, a salary at least equal to the one the employee is paid by the time doing similar work.
Labour Code §188

Level


Minimum wage level(s) in national currency

The interprofessional minimum wages guaranteed to the workers, with the exception of agricultural workers and those linked to the employer by an apprentice employment contract, shall be as follows:
- Hourly wage: 176,83 FCFA;
- Monthly wage: 30,684 FCFA.
Decree No. 2006-655/PRES/PM/MTSS/MFB §1

Last minimum wage update

29 December 2006

In-kind allowances

The employee displaced from his usual residence for the execution of a labour contract who cannot, by his/her own means, obtain a decent lodging for him/her and his/her family has the right to a lodging from the employer.
The terms and conditions of grant and the reimbursement are statutorily fixed by the minister charged in charge of labour, upon advice of the consultative commision of labour.
The statutory text also fixes the reimbursement terms of this benefit to the employer and the conditions to which the lodging must be submitted, notably concerning labour security and health.

In case the employee is not able, by his/her own means, to get for hum and his/her family, a regular supply for basic foods products, the employer is to provide them to him in the conditions set statutorily by the minister in charge of labour, after advice from the consultative labour comission.
The statutory text also fixes the reimbursement terms of this benefit to the employer.

Decrees taken by Cabinet meetin, upon advice of the consultative labour comission, determine:
3) the cases in which other provisions than those aimed at in articles 183 and 184 must be conceeded, their assignment terms and the rates of reimbursement rates.

The payment of all or part the salary in kind is also prohibited, subject to provisions of articles 183, 184 and 187 above.
Labour Code §183, 184, 187(1)3), 192(3)

Rate of payment


» Hourly

The interprofessional minimum wages guaranteed to the workers, with the exception of agricultural workers and those linked to the employer by an apprentice employment contract, shall be as follows:
- Hourly wage: 176,83 FCFA;
Decree No. 2006-655/PRES/PM/MTSS/MFB §1

» Daily

Only for agricultural workers.

The interprofessional minimum wages guaranteed to agricultural workers and similar, with the exception of those linked to the employer by an apprentice employment contract, shall be as follows:
- Daily wage: 1298,96 FCFA;
Decree No. 2006-655/PRES/PM/MTSS/MFB §2

» Monthly

The interprofessional minimum wages guaranteed to the workers, with the exception of agricultural workers and those linked to the employer by an apprentice employment contract, shall be as follows:
- Monthly wage: 30,684 FCFA.
Decree No. 2006-655/PRES/PM/MTSS/MFB §1

Scheduled frequency of adjustment

The legislation does not state how frequently minimum wage rates should be adjusted.

Enforcement mechanisms


Labour inspection

The labour inspectorate, placed under the authority of the minister in charge of labour, is in charge of all the issues relating to the conditions of the workers and the professional relationships.
Labour Code §391(1)

Results generated on: 02nd September 2014 at 21:00:14.
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