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Congo, Democratic Republic of the - Minimum Wages - 2011


LAST UPDATE

30 May 2011.
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SOURCES


Name of Act

Act 015/2002, 16/10/2001, Labour Code.

Name of Act

Ordonnance 08/040, 30/04/2008, fixing the minimum wage.

Name of Act

Circular Note n.12, 01/2009, determining the payment of the total amount of the minimum wage.

LEGAL DEFINITIONS


Employee/worker

Every natural person with age to be hired, no matter the sex, civil state or nationality, engaged in exercising his/her professional activity, receiving for that a remuneration, under the authority of a natural or moral person, public or private, linked by an employement contract.
Act 015/2002, 16/10/2001, Labour Code. §7 a)

Employer

Every natural or moral person of public or private law, making use of the services provided by one or more workers by means of an employment contract.
Act 015/2002, 16/10/2001, Labour Code. §7 b)

Wage

The representative sum of gains susceptible of being assessed in cash and fixed by an agreement or by legal provisions due by means of an employement contract from an employer to a worker.
Act 015/2002, 16/10/2001, Labour Code. §7 h)

MINIMUM WAGE FIXING


Procedure


Procedure in general

A decree issued by the President of the Republic , after having considered the proposal from the Minister of Labour and Social Security, and after having consulted the National Labour Council, shall fix the minimum interprofessional wages, as well as the minimum family benefits, and failing collective agreements to do so, the minimum wage for the professional categories.
Act 015/2002, 16/10/2001, Labour Code. §87

Government decides after consultation of the social partners

A decree issued by the President of the Republic , after having considered the proposal from the Minister of Labour ans Social Security, and after having consulted the National Labour Council, shall fix the minimum interprofessional wages, as well as the minimum family benefits, and failing collective agreements to do so, the minimum wage for the professional categories.
Act 015/2002, 16/10/2001, Labour Code. §87

Criteria


Needs of workers and their families

The minimum wage shall be fixed taking into account the need of the workers and their family, comprehending the father, the mother, and the number of children under their charge, determined by the Decree forseen by art. 96 below.
Act 015/2002, 16/10/2001, Labour Code. §95(1)

Cost of living

The minimum wage shall be readjusted taking into account the evolution of the consumer prices.
Act 015/2002, 16/10/2001, Labour Code. §97(1)

Coverage


Scope

The present Order fixes the minimum interprofessional wage, family benefits, and the exchange value of accomodation. It shall also regulate the remunerations not in accordance with the legal provisions
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §1
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Level

The daily minimum interprofessional wage (SMIG) shall be of 1.680 FC (Congolese Francs) for the ordinary worker.
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §2

Minimum wage level(s) in national currency

The daily minimum interprofessional wage (SMIG) shall be of 1.680 FC (Congolese Francs) for the ordinary worker.

The minimum interprofessional wage fixed in art. 2 of the present Order shall be payed in two parts, as follows:

a) 1.120 Congolese Francs from the 1st of July 2008, according to Annex 1;
b) the total amount of 1.680 Congolese Francs from the 1st of July 2009, according to Annex 2.
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §2, 3

Last minimum wage update

January 2009.

The minister of Labour and Social Security determines:
1. that the second part of the minimum interprofessional wage (the total amount of 1.680 Congolese Francs) is to be paid from January 2009, according to the Order of the President of the Republic n. 08/040, 30/04/2008.
Circular Note n.12, 01/2009, determining the payment of the total amount of the minimum wage. §1

Rate of payment

The weekly, monthly and annual amount of the minimum wage shall be obtained, multiplying the above mentioned amount respectively by 6, 26 and 312.

Therefore:
Weekly: 10.080 FC
Monthly: 43.680 FC
Annual: 524.160 FC
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §8

» Daily

1.680 Congolese Francs
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §2

» Weekly

Weekly: 10.080 Congolese Francs
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §8

» Monthly

Monthly: 43.680 Congolese Francs
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §8

» Other

Annual: 524.160 Congolese Francs
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §8

Scheduled frequency of adjustment

The Tripartite Comission to assess the minimum wage, created by the Decree n. 79/2002, from 03/07/2002, shall gather in the beginning of every year to analyse the possibility of an eventual readjustment.
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §12


Moldova, Republic of - Minimum Wages - 2011


LAST UPDATE

9 August 2012
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SOURCES


Name of Act

Labour Code of the Republic of Moldova, N 154-XV from 28.03.2003, as amended up to 2011
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Name of Act

Law No. 847-XV of 14.01. 2002 on Wages as amended to 2010

Name of Act

Law No. 140_XV of 10.05.2001 on Labour Inspection as amended to 2010

Name of Act

Collective Agreement No.9 of 28.01.2010 on the Minimum Guaranteed Salary in the Real Sector (National Level), published by Decision of the Government on 05/02/2010 in the Official Gazette No.18-19 Art. No.93. Conventie colectiva Nr. 9 din 28.01.2010 (nivel national). Cuantumul minim garantat al salariului în sectorul real.

Name of Act

Agreement Protocol No.760 of 22.06.2012 on amendment of Collective Agreement for agriculture, manufacturing, included food and related industries (branch level) in the period 2011-2014, published on Official Gazette No.126-129. Art.:760

Name of Act

Law No.1432 of 28.12.2000 on the Setting and Review of the Minimum Wage, as amended to 2005

LEGAL DEFINITIONS


Employee/worker

"Employee" shall mean any physical person who performs a job, corresponding to a certain speciality, qualification or position, and receiving wages on the basis of the individual labour contract.
Labour Code Art.1

Employer

"Employer" shall mean any juridical person (enterprise) or physical person, employing workers on the basis of an individual labour contract, concluded in accordance with the regulations of the present Code.
Labour Code Art.1

Wage

"Wages" shall mean any compensation or earnings in terms of money, paid to the employee by the employer on the basis of the individual labour contract, for the executed or subject to performance work.
Labour Code Art.128(1)

Minimum wage

The minimum wage is the minimum size of a payment in national currency, size established by the state for simple, unqualified work, below the level of which, the employer has no right to pay for the monthly or hour norm of work.
Labour Code Art.131(2)
Law on Wages Art.2

MINIMUM WAGE FIXING


Procedure


Procedure in general

The minimum monthly wage and minimum hourly wage (Guaranteed Minimum Wage), estimated proceeding from the monthly norm of working hours (169 full working hours per month) is established by the decision of the Government after consulting the employers and trade unions.

Once the Guaranteed Minimum Wage is adjusted, this rate provides the basis for negotiation and establishment of wide collective agreements on the minimum level of payment on concrete proffesional groups and qualifying categories of workers (tariffs of remuneration).
Labour Code Art.132(1),136
Collective Agreement No.9 of 2010 Art.1
Law on the Setting and Review of the Minimum Wage Art.3(1)

Criteria


Cost of living

In order to increase the amount of the minimum wage, the dynamics of the parameter on consumer prices on goods and services shall be taken into account.
Labour Code Art.133

Level of wages and incomes in the country

When reconsidering and determining the amount of the minimum wage, the level of average wages on the national economy shall be taken into account.
Labour Code Art.132(2)

Economic development

When reconsidering and determining the amount of the minimum wage, the concrete economic conditions of the nation shall be taken into account.
Labour Code Art.132(2)

Productivity

In order to review the minimum wage rate, the productivity of the country shall be taken into account.
Law on the Setting and Review of the Minimum Wage Art.3(4)

Inflation rate

When reconsidering and determining the amount of the minimum wage, the predicted rate of inflation shall be taken into account.
Labour Code Art.132(2)

Other provisions

When reconsidering and determining the amount of the minimum wage, the concrete economic conditions, level of average wages on the national economy, the predicted rate of inflation, and other social and economic factors shall be taken into account.
Labour Code Art.132(2)

Coverage


Scope

As provided by the Labour Code, every employee is entitled to enjoy the guaranteed minimum wage, which is the minimum size of a payment established by the State for simple, unqualified work, below the level of which, the employer has no right to pay for the performance of monthly or hourly work.

In addition the State provides tariffs of remuneration, which are the wage rates and the official salaries that determine the minimum level of payment on concrete professional groups and qualifying categories for the performance by employees of their labour responsibilities within the limits of the working hours, established by the legislation.
Labour Code Art.131(1)(2), 134

Excluded categories

No category of workers may be excluded from the scope of the minimum wage, so every employee is entitled to enjoy at least the rate provided for in the guaranteed minimum wage.
Labour Code Art.131

Specific minimum wage rates

The State provides the State tariffs of remuneration which serves as the minimal limit at establishing the tariff rates for specific professional groups and qualifying categories, without prejudice of more advantageous tariffs set forth in collective agreements (Tariff system of remuneration).
Labour Code Art.134,136
Law on Wages Art.3(2)

» Specific minimum wage by sector

On 22 June 2012, the Agreement Protocol No.760 was published. This Agreement provides the tariffs-wage rates for the I qualifying category (lowest category of qualified worker) for the period 2011-2014, for the agriculture sector, manufacturing sector and other related industries:
- Agriculture: 1,350.00 Leu per month.
- Manufacturing, including food: 1,550.00 Leu per month.
- Mining and Quarrying: 1,900.00 Leu per month.
- Construction: 1,850.00 Leu per month.
- Transport: 1,550.00 Leu per month.
- Other: 1,600.00 Leu per month.

These rates are calculated for a full working month of 169 hours on average, and shall be gradually implemented, depending on financial possibilities, no later than September 1, 2012.
Agreement Protocol No.760

» Minimum wage levels for specific categories of workers


» Piece-rate workers

Piece-work payment tariffs are established proceeding from the categories of work, wage rates (official salaries) and current output rates (norms of time).

Piece-work payment tariff is established by dividing the hour (day) wage rate, corresponding to the category of performed work, to the hour (day) performance standard. The piece-work payment tariff can be established also by multiplying the hour (day) wage rate, corresponding to the category of performed work, by the established norm of time on hours or days.
Labour Code Art.170

Level


Minimum wage level(s) in national currency

The guaranteed minimum wage for the real sector (workers in companies, organizations and institutions with financial autonomy, regardless of its ownership and legal form) was last fixed in 6.51 Leu per hour and 1,100.00 Leu per month (aprox. €71.6 per month), calculated for a full working month of 169 hours.
Collective Agreement No.9 of 2010 Art.1

Last minimum wage update

The guaranteed minimum wage for the real sector (workers in companies, organizations and institutions with financial autonomy, regardless of its ownership and legal form) was last updated on February 1, 2010.
Collective Agreement No.9 of 2010

In-kind allowances

Payment of wages in-kind is forbidden.
In no case the minimum wage may include bonuses, increases, stimulating and compensation payments.
Labour Code Art.131(3), 141(3)

Rate of payment


» Hourly

The legislation provides the minimum wage calculated per month and per hour.
Labour Code Art.132
Collective Agreement No.9 of 2010 Art.1

» Monthly

The legislation provides the minimum wage calculated per month and per hour.
Labour Code Art.132
Collective Agreement No.9 of 2010 Art.1

Specific provisions

The entities shall be allowed to gradually implement the amount provided in the adjustment of the guaranteed minimum wage, depending on financial possibilities, but no later than May 1, 2010.
Collective Agreement No.9 of 2010 Art.1.2

Enforcement mechanisms


Labour inspection

The Labour Inspection shall enforce the Labour Law and other regulations on working conditions and protection of employees in the performance of their duties.
For this purpose, the Labour Inspectorate may, among other measures, carry out inspections in the establishment of the employer at any time during the day or the night and requesting any information or documentation relevant for the inspection.
Law on Labour Inspection Art.3, 8

Results generated on: 02nd July 2022 at 23:30:05.

 
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