Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the information provided in the Government’s report, in particular the adoption of the new General Labour Law, Act No. 2/00 of 11 February 2000.

  Article 3, paragraph 2(2), of the Convention. The Committee notes that under section 168(1), (2) of the new General Labour Law, the national minimum wage is fixed periodically by decree of the Council of Ministers based upon a proposal of the Ministers of Labour and Finance and after consultation with the most representative organizations of workers and employers. The Committee also notes the Government’s statement that negotiations are currently under way between the social partners in connection with the national minimum wage. Recalling that as it has indicated in the 1992 General Survey on minimum wages, consultation has a different connotation from mere "information" and from "co-determination", the Committee urges the Government to take all necessary measures to effectively put into practice, if possible within an institutionalized framework, the consultation procedure referred to in section 168(2) of the General Labour Law. Moreover, the Committee requests the Government to adopt such necessary legislative or regulatory provisions to guarantee the participation in equal number and equal terms of the employers’ and workers’ representatives in the operation of the minimum wage fixing machinery, as set forth under this Article of the Convention.

  Articles 3, paragraph 2(3), and 4. In the absence of reply on this point, the Committee is bound to reiterate its request for a copy of the latest decree fixing the national minimum wage, and detailed information on the system of supervision and sanctions which ensures the observance of such minimum wage.

  Article 5 of the Convention and Part V of the report form. The Committee asks the Government to provide detailed information on the practical application of the Convention, including any available statistics on the number and different categories of workers subject to laws and regulations on minimum wage rates, inspection results indicating the number and nature of infringements observed and penalties imposed and any other information bearing on the practical functioning of the minimum wage fixing machinery in accordance with the requirements of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.