Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 and 3 of the Convention. Minimum wage fixing. The Committee notes the adoption of Decree No. 11.137 of 24 October 2007 increasing minimum wage rates by 10 per cent, as well as Decisions Nos 700, 701, 702, 703, 704, 705, 706 and 707 of 30 October 2007, fixing the level of the minimum wage by sector and occupation. It further notes that, under the terms of sections 255 and 256 of the Labour Code of 1995, the rate of the minimum wage remains in force for two years, unless a significant deterioration is observed in the conditions in a particular area or industry, due to economic or financial factors, and a fluctuation in the cost of living estimated at a minimum of 10 per cent. In this respect, the Committee understands that the National Minimum Wage Council (CONASAM) met in January 2009, and recommended a readjustment of the minimum wage in the private sector following an increase of over 10 per cent in the cost of living, but leaving the percentage of the increase to be decided by the executive authorities. The Committee requests the Government to keep the Office informed of any developments in this field and to provide a copy of any relevant text that is adopted.

Furthermore, the Committee notes from official documents, such as the conclusions of the Committee on the Elimination of Discrimination against Women (CEDAW) (document CEDAW/C/PAR/CC/3-5 of 2005, paragraph 30) and the conclusions of the United Nations Committee on Economic, Social and Cultural Rights (document E/C.12/PRY/CO/3 of 2008, paragraph 15) that domestic workers are reported to be the victims of discriminatory practices in terms of the payment of wages that are lower than half the minimum wage for 12‑hour working days. The Committee requests the Government to provide additional information on the coverage of domestic workers in relation to minimum wages in both law and practice.

Part V of the report form. Application in practice. The Committee notes the extracts from judicial rulings included in the Government’s report. It also notes the request made to the Office for technical assistance with a view to improving the system for the collection of data and the training of labour inspectors. The Committee refers, in this respect, to the observation that it is making under Convention No. 81 and requests the Government to provide detailed information on the application of the Convention in practice including, for example, extracts from the reports of the inspection services indicating the number of violations reported in relation to minimum wages, the number of workers covered by the relevant legislation, studies or collective agreements containing provisions on minimum wages, etc. The Committee is also bound to draw the Government’s attention once again to the situation of the indigenous population of Chaco and the systematic violation of the minimum wage legislation in their regard, as described in the Committee’s comments under Conventions Nos 29, 95 and 169, and it requests the Government to provide fuller information on any measures adopted or envisaged to remedy this situation.

Finally, the Committee wishes to take this occasion to draw the Government’s attention to the conclusions of the ILO Governing Body 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). The Governing Body decided that Convention No. 26 was among the instruments that may no longer be fully up to date but which 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 advances compared to older instruments on minimum wage fixing, such as its broader scope of application, the requirement for a comprehensive minimum wage system and the adoption of certain criteria for the determination of minimum wage levels. The ratification of Convention No. 131 would appear to be particularly advisable as the legislation in Paraguay respecting minimum wages appears to be broadly in conformity with the requirements of this instrument. The Committee requests the Government to keep the Office informed of any decision adopted or envisaged in this respect.