Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information contained in the Government’s report and wishes to draw attention to the following points.

Articles 1 and 3, paragraph 2(2), of the Convention. Minimum wage fixing machinery and participation of employers’ and workers’ organizations. Further to its previous comment on the lack of progress regarding the reactivation of tripartite consultations with a view to readjusting the national minimum wage rate, the Committee notes the Government’s statement that the Minimum Wages Board has not yet established a new minimum wage determination and therefore the national minimum pay rate remains unchanged since 1992. Recalling that minimum wage fixing may serve a meaningful purpose for poverty reduction and social protection only if it is perceived as a continuous process of social dialogue eventually leading to the review of the minimum wage floor in the light of the prevailing social and economic conditions in the country, the Committee requests the Government to supply detailed particulars on the role and functioning of the National Tripartite Consultative Council (NTCC) in the last five years and the practical manner in which the representative organizations of employers and workers concerned are expected to be associated in the establishment of the forthcoming minimum wage determination.

Article 3, paragraph 2(3). Differentiated minimum wage on the basis of age. In the absence of reply to its last comment on this point, the Committee reiterates its request for additional information concerning the possible reconsideration of the National Youth Wage Policy in the light of the principle of equal remuneration for work of equal value, and also bearing in mind that according to the Government’s indications the national youth rate does not apply in practice.

Article 5 and Part V of the report form. The Committee notes that for over 20 years no information of a general nature concerning the practical application of the Convention has been provided to the Office. It therefore requests the Government to supply in its next report up to date information including, for instance, the categories and approximate number of workers who are remunerated at the minimum wage rate, statistics on labour inspection results showing the number of infringements of the minimum wage legislation observed and sanctions imposed, copies of official reports or studies (e.g. national surveys of economic conditions, cost-of-living index) bearing on minimum wage policy, etc.

Finally, the Committee notes the Government’s statement that it is envisaging denouncing the Convention and looking at recently adopted Conventions that might be more practical and applicable to the overall labour situation in the country for adoption. In this connection, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on 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 marks certain advances 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. Recalling that as per established practice, Conventions Nos 26 and 99 will next be open to denunciation for a one-year period as from 14 June 2010 and 23 August 2013 respectively, the Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.