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Guinea-Bissau - Minimum Wages - 2011


LAST UPDATE

19 April 2011.
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SOURCES


Name of Act

Act n. 2/86, Labour Code, from 05/04/1986.

Name of Act

Decree 17/88, dated 4 April 1988, concerning the national minimum wage (Boletim Oficial, N°. 14, 4 de Abril 1988).

Name of Act

Decree No. 1/2001,
of 22 March 2001 concerning the establishment of a Social Dialogue Council, Conselho Permanente de Concertação Social, (Boletim Oficial, N°. 12, 22 de Março 2001).

Other source used

Country Report on Human Rights Practices 2008 - Guinea-Bissau, US Department of State

LEGAL DEFINITIONS


Employee/worker

Every individual who contracts with an employer to provide his/her manual or intelectual skill in order to accomplish an activity and receive remuneration.
Act n. 2/86, Labour Code, from 05/04/1986. §2(a)

Employer

Every individual or company under whose authority certain workers are obliged to accomplish certains activities.
Act n. 2/86, Labour Code, from 05/04/1986. §2(b)

Wage

Wage is everything, in the terms of the contract and rules, to which the worker is entitled as counterpart for the work provided.
Act n. 2/86, Labour Code, from 05/04/1986. §94(1)

MINIMUM WAGE FIXING


Procedure


Government decides after tripartite or bipartite body discussions/recommendations

The government fixes the minimum wage rates by decree, following consultation with the social partners. The consultation by the government takes place within the Social Dialogue Council (Conselho Permanente de Concertação Social), a tripartite advisory body. This Council is composed of representatives of the Government, three representatives of each of the central trade union organizations and four representatives of the Chamber of Industry, Commerce and Agriculture.
Act n. 2/86, Labour Code, from 05/04/1986. §110-1 and 4

Criteria


Needs of workers and their families

When determining the amount of the minimum wage, it should be considered:
a) The necessities of the worker and his family, assessed with regard to the average remuneration assigned, the cost of living, the amount of the benefits of the social security, as well as the standards of living of other social groups;
Act n. 2/86, Labour Code, from 05/04/1986. §114(1)a)

Cost of living

When determining the amount of the minimum wage, it should be considered:
a) The necessities of the worker and his family, assessed with regard to the average remuneration assigned, the cost of living, the amount of the benefits of the social security, as well as the standards of living of other social groups;
Act n. 2/86, Labour Code, from 05/04/1986. §114(1)a)

Level of wages and incomes in the country

When determining the amount of the minimum wage, it should be considered:
a) The necessities of the worker and his family, assessed with regard to the average remuneration assigned, the cost of living, the amount of the benefits of the social security, as well as the standards of living of other social groups;
Act n. 2/86, Labour Code, from 05/04/1986. §114(1)a)

Social security benefits

When determining the amount of the minimum wage, it should be considered:
a) The necessities of the worker and his family, assessed with regard to the average remuneration assigned, the cost of living, the amount of the benefits of the social security, as well as the standards of living of other social groups;
Act n. 2/86, Labour Code, from 05/04/1986. §114(1)a)

Economic development

When determining the amount of the minimum wage, it should be considered:
b) The economic factors, specially those related to the economic development, productivity and the necessity to obtain adequate employment rates.
Act n. 2/86, Labour Code, from 05/04/1986. §114(1)b)

Productivity

When determining the amount of the minimum wage, it should be considered:
b) The economic factors, specially those related to the economic development, productivity and the necessity to obtain adequate employment rates.
Act n. 2/86, Labour Code, from 05/04/1986. §114(1)b)

Level of employment

When determining the amount of the minimum wage, it should be considered:
b) The economic factors, specially those related to the economic development, productivity and the necessity to obtain adequate employment rates.
Act n. 2/86, Labour Code, from 05/04/1986. §114(1)b)

Inflation rate

When determining the amount of the minimum wage, it should be considered:
b) The economic factors, specially those related to the economic development, productivity and the necessity to obtain adequate employment rates.
Act n. 2/86, Labour Code, from 05/04/1986. §114(1)b)

Coverage


Scope

The minimum wage can be interprofessional, covering all workers at national level, or by sector. It the last case, they shall determine minimum wages for all different sectors of activities.

The provisions of this act shall apply to all employees providing services either to public companies, joint ventures, societies of public capital, national and foreign companies and employers, of all sectors of economic activities.
Act n. 2/86, Labour Code, from 05/04/1986. §110(2)
Decree 17/88, dated 4 April 1988, fixing the national minimum wage (Boletim Oficial, N°. 14, 4 de Abril 1988). §1(1)

Excluded categories


» Workers

Domestic workers are not covered by the provisions of this act.
Decree 17/88, dated 4 April 1988, fixing the national minimum wage (Boletim Oficial, N°. 14, 4 de Abril 1988). §1(3)

Specific minimum wage rates


» Specific minimum wage by occupation

No

» Specific minimum wage by sector

The Act provides that different national minimum wages can be set by sector. A separate minimum wage rate is set for agricultural workers.
Public servants are covered by a separate wage-fixing system.
Act n. 2/86, Labour Code, from 05/04/1986. §110-2
Decree 17/88, dated 4 April 1988, fixing the national minimum wage (Boletim Oficial, N°. 14, 4 de Abril 1988). §3-1 (a)

» Specific minimum wage by region

No

» Minimum wage levels for specific categories of workers


» Youth

An employee who has not attained the age of 16 years shall be paid a rate not less than 60% and an employee between 16 and 18 years of age not less than 80 % of the national minimum monthly rate of pay. A minor with a job experience of over 6 months in the same activity shall be paid the full national minimum monthly rate of pay.
Act n. 2/86, Labour Code, from 05/04/1986. §112(1)a), b), (2)
Decree 17/88, dated 4 April 1988, fixing the national minimum wage (Boletim Oficial, N°. 14, 4 de Abril 1988). §4(1)a), b), (2)

Level


Minimum wage level(s) in national currency

19,030 CFA per month plus a bag of rice.
UnCountry Report on Human Rights Practices 2008 - Guinea-Bissau

Last minimum wage update

2008

In-kind allowances

In-kind allowances may not exceed 50 per cent of the total wage.
Decree 17/88, dated 4 April 1988, fixing the national minimum wage (Boletim Oficial, N°. 14, 4 de Abril 1988). §6(3)

Rate of payment


» Hourly

The hourly minimum wage for fixed-term workers shall be determined by the following formula: Rmm.12/52.n, where "Rmm" is the interprofessional or sectorial monthly minimum wage, and "n" is the maximum regular weekly period of work determined by law or in a collective agreement, applicable to the activity sector of the company in which the worker is integrated.
Act n. 2/86, Labour Code, from 05/04/1986. §111

» Daily

The agricultural minimum wage rate is set on a daily basis.
Decree 17/88, dated 4 April 1988, fixing the national minimum wage (Boletim Oficial, N°. 14, 4 de Abril 1988). §3(1)a)

» Monthly

For all other kinds of workers (not agricultural) the minimum wage shall be paid in a monthly basis.
Decree 17/88, dated 4 April 1988, fixing the national minimum wage (Boletim Oficial, N°. 14, 4 de Abril 1988). §3(1)b)

Scheduled frequency of adjustment

No relevant provisions have been identified.

Enforcement mechanisms


Labour inspection

There is no provision for labour inspection within the labour laws.

Fines in national currency for non-respect of legislation

Failure to pay the stipulated national minimum wage rates results in the employer that commits the offence being liable for a penalty of between 15,000 and 30,000 Guineenses.

Employers who violate articles 3, 4, 5 and 6 of this act, a part from what is set in the Labour Act, shall pay a fine of 24.000,00 to 30.000,00 PG, for each worker for which there is a violation.
Act n. 2/86, Labour Code, from 05/04/1986. §186(3)
Decree 17/88, dated 4 April 1988, fixing the national minimum wage (Boletim Oficial, N°. 14, 4 de Abril 1988). §9

Results generated on: 25th November 2014 at 01:32:28.
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