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

The Committee notes with regret 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:

Article 3, paragraph 2, of the Convention. Minimum wage rate. The Committee notes the Minimum Wage Order issued in 1999 which set the national minimum wage rate at US$4.00 per hour. According to the Government, this Order covers all workers in all fields of economic activity, except government employees and members of the police force, while the minimum wage is most applicable to domestic and other service workers, or approximately 4,360 persons. The text of the revised 1991 edition of the Labour Code Ordinance (Cap. 293) and of the Minimum Wage Order of 1999 not being available at the Office, the Committee would appreciate receiving copies of these instruments. The Committee would also be grateful if the Government would specify whether the ministerial rules prescribing the powers, duties and procedure of the Advisory Committee referred to in section C21(2) of the Labour Code Ordinance have been issued, and if so, forward a copy of these rules.

The Committee requests the Government to continue to supply, in accordance with Article 5 of the Convention and Part V of the report form, all available information regarding the practical application of the Convention, including for instance extracts from official reports such as the reports of the tripartite Advisory Committee, up to date statistics on the number of workers covered by relevant legislation, reports from inspection services, etc. Finally, the Committee asks the Government to keep the Office informed of the ongoing amendment process of the Labour Code, especially in relation to the provisions dealing with the establishment, operation and modification of the minimum wage fixing machinery.