Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information supplied by the Government in its report, in particular the adoption of the new Labour Code, Act No. 2004-017 of 6 July 2004.

Article 1 of the Convention. In the absence of a clear reply to its previous comment on this point, the Committee is obliged to request once again the Government to clarify whether domestic employees and employees in other home-working occupations enjoy the coverage of the minimum guaranteed inter-occupational wage (SMIG), or whether a separate arrangement exists for fixing minimum wages applicable to this category of generally low-paid workers.

Article 3, paragraph 2(3). The Committee notes that under section 195 of the new Labour Code, which reproduces in this respect section 84 of the Labour Code of 1963, reduced minimum wage rates applicable to workers under 18 years of age may be determined by decree upon the recommendation of the National Labour Council. The Committee recalls once again that wage levels should be determined on the basis of objective factors, such as the quantity and quality of work performed, having regard to the principle of equal remuneration for work of equal value. Accordingly, the Committee requests the Government to specify whether any decree setting lower minimum wage rates for young persons is currently in force and, if so, to transmit a copy and explain the reasons which may have prompted its adoption.

Articles 4 and 5 and Part V of the report form. The Committee notes that little or no information has ever been provided on measures of supervision and sanctions ensuring compliance with the minimum wage legislation or on the practical application of the Convention. The Committee recalls, in this connection, that establishing decent minimum wage rates does not necessarily guarantee that these wages are effectively observed in practice, and therefore appropriate enforcement measures to secure the actual payment of these wages are clearly as important as the effective operation of the minimum wage fixing machinery. It is only through an adequate system of supervision and sanctions that the binding force of minimum wages becomes a tangible reality and a minimum wage fixing policy may achieve concrete results as an instrument of social protection and poverty reduction.

In addition, the Committee notes the Government’s statement that, following consultations with the social partners earlier this year, the SMIG should be readjusted shortly. While recalling that the SMIG was last increased in 1998 and is now fixed at UM9,559 per month, the Committee would appreciate receiving a copy of any new text revising the SMIG. The Committee also takes this opportunity to observe that a system of minimum wages risks becoming irrelevant unless minimum wage rates are kept under review and periodically revised in the light of the evolution of socio-economic conditions so as to provide a satisfactory standard of living for workers and their families, for instance by maintaining their purchasing power in relation to a basic basket of essential consumer goods.

The Committee hopes therefore that the Government will make an effort to collect and communicate in future reports detailed particulars on the effect given to the Convention in practice, including, for instance, statistics on the number and different categories of workers covered by minimum wage orders, information on the activities of the labour inspection services in respect of minimum wages, indications on the effect of existing minimum wage rates on the real income of workers, etc.