Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Repetition

Article 3(2)(2) of the Convention. Consultation with social partners and review of minimum wage levels. The Committee notes that, under section 51(2) of the Employment Act, 1999, a minimum wages order is to be reviewed at least once every three years by the Wages Advisory Committee with a view to adjusting the minimum wage rates and making recommendations to the Minister of Labour. A similar provision is included in the Ministerial Order of 29 May 2001 establishing the tripartite Wages Advisory Committee and appointing its six members. The Committee accordingly requests the Government to indicate whether any steps have been taken or envisaged to review the Minimum Wages Order of 2002, and to ensure that the tripartite consultative body on minimum wages fulfils its mandate in accordance with national laws and regulations.

Article 5 and Part V of the report form. Practical application. The Committee notes the collective agreements attached to the Government’s report. The Committee would be grateful if the Government would continue to provide up to date information on the effect given to the Convention in practice including, for instance, statistical information on the number of workers remunerated at the minimum wage rate, the evolution of minimum pay rates as compared to the evolution of economic indicators, such as the inflation rate, relevant extracts from labour inspection reports, copies of official documents such as activity reports of the Wages Advisory Committee, etc.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Conventions Nos 26 and 99 are among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.