Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the two statutory instruments fixing minimum wage rates, i.e. the Minimum Wages and Conditions of Employment (General) Order, 2002 and the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2002 are being revised, especially in respect of redundancy and retirement benefits. The Committee would appreciate receiving copies of the revised instruments as soon as they are adopted.

Article 2, paragraph 2, of the Convention. The Committee notes that the minimum wage legislation applies to employees whose wages and conditions of employment are not regulated by collective agreement. The Committee would be grateful if the Government would supply more detailed information on the categories and number of workers whose wages are fixed through collective bargaining, as well as copies of any such collective agreements currently in effect.

Article 3. The Committee requests the Government to indicate how it is ensured in law and practice that social considerations such as the needs of workers and their families are sufficiently taken into account in reviewing and readjusting minimum wage levels from time to time, as required under this Article of the Convention.

Article 4, paragraphs 2 and 3. The Committee notes with regret that the Government is still not in position to report any progress concerning the amendment of the Minimum Wages and Conditions of Employment Act (Cap. 276) on which the Committee has been commenting for a number of years. The Government has given reassurances on many occasions that its legislation would be aligned with established practice so as to ensure the full consultation not only of workers’ unions but also of employers’ representative organizations in the process of minimum wage fixing. The Committee therefore asks the Government to take appropriate action without further delay and keep it informed of any concrete measures taken in this regard.

Article 5 and Part V of the report form. The Committee requests the Government to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, extracts from inspection reports indicating the number of violations observed and the penalties imposed, the estimated number of workers earning the minimum wage, practical indications as to whether the minimum wage in force is adequate to provide workers and their families with a decent standard of living, etc.