Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

Article 1, paragraph 1, of the Convention. The Committee notes that, according to the Government’s report, the Labour Code has provisions for minimum wage orders in agriculture and other sectors. The Committee understands that the Government is referring to the Employment Act No. 14 of 1999. It notes that, under section 51 of the Act, wages advisory committees are to be established in the agricultural sector where no arrangements exist for the effective regulation of wages. According to the same provision, the wages advisory committees are to investigate conditions of employment in the agricultural sector and make recommendations as to the minimum rate of wages which should be payable. The Committee also notes that, in accordance with the procedure laid down in section 52 of the Act, minimum wage orders for the agricultural sector are to be adopted. The Committee understands that the wages advisory committees have been set up and have adopted orders to adjust minimum wages with effect from 1 September 2002. The Committee requests the Government to confirm whether this assertion is so and to send a copy of the abovementioned orders.

Article 3. The Committee notes that according to the Government the minimum wage orders have been updated and the new wage rates took effect on 1 September 2002. The Committee asks the Government to indicate whether the employers’ and workers’ organizations have been fully involved in the revision process and whether the latter was carried out in the wages advisory committee pursuant to section 51(3) of the Employment Act, in accordance with the Convention.

Article 4, paragraph 2, in conjunction with Part V of the report form. The Committee notes the inspection system set up by the second part of the Employment Act. It requests the Government to specify the measures most appropriate to conditions in agriculture that have been applied for supervision, inspection and the imposition of penalties, in accordance with this provision of the Convention.

Article 5. The Committee requests the Government to give, in its next report, particulars of the arrangements for applying minimum wage fixing procedures in agriculture regarding, inter alia, the occupations and approximate numbers of workers subject to such regulation, the rates of minimum wages set and all other important minimum wage-related measures.

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