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See the comments concerning Convention No. 26.
See the comments under Convention No. 26.
The Committee notes that from 1994 to 1996 the Ministry of Labour and Social Security carried out 413 inspection visits in enterprises in the primary sector (agriculture, forestry, stockbreeding, etc.) which, according to the Government, accounts for 2.8 per cent of total enterprises in the sector, and that the most serious infringements were in the area of wages among others.
The Committee recalls the importance of properly functioning inspection machinery to ensure the application of the provisions of the Convention. In this case, it considers that the percentage of enterprises inspected over a two-year period is too low to meet the obligations of Article 4, paragraph 1, of the Convention. At the above rate, it would take more than 70 years to inspect all enterprises in the sector.
The Committee hopes that the Government will soon be in a position to report that measures appropriate to the conditions pertaining to agriculture in the country have been taken, particularly in the area of supervision and inspection, to ensure that wages are not paid at less than the minimum rate in force. The Committee asks the Government to continue to provide general information on the manner in which the Convention is applied in accordance with Article 5 and point V of the report form.
1. Noting the Government's indication that the minimum wage applicable to the urban and to the rural sectors has been unified since 1985, the Committee refers to the direct request on Convention No. 26.
2. Article 2 of the Convention. The Committee notes with interest that section 129 of the Substantive Labour Code, as amended by section 16 of Act No. 50 of 1990, prescribes the maximum proportion of the wage which may be paid in the form of allowances in kind (30 per cent in the case of minimum wage and 50 per cent for higher wage).
3. Further to its previous comments, the Committee notes the statistical publication supplied with the Government's report, according to which, out of the total of 1,938 undertakings visited in 1991 by the labour and social security inspection, primary sector undertakings (agriculture, hunting, forestry, fishing and livestock breeding) counted only 75 undertakings (3.9 per cent of the total). The Committee requests the Government to continue supplying information on the practical application of the Convention (Article 5), and on labour inspection activities related to its application, including the effects in the agricultural sector of the restructuring of the labour inspection services described in the Government's report and any measures taken to strengthen the implementation of the minimum wage in agriculture.
With reference to its previous comments, the Committee takes note of the information supplied by the Government in its last report, and in particular of Decree No. 2545 fixing the minimum legal wage for 1988, for the urban and rural sectors. It also notes the statistical data enclosed with the report and observes that out of the total number of undertakings visited and issued with warnings for infringement of labour standards, for 1987, primary sector undertakings (agriculture, hunting, fishing and live-stock breeding) account for only 7.4 per cent of total undertakings visited.
The Committee also takes note of the Government's intention to restructure the Ministry of Labour and Social Security, and in particular the labour inspection services.
The Committee requests the Government to continue to provide information on the practical application of this Convention (Article 5 of the Convention), and on labour inspection activities related to its application. The Committee also hopes that the Government will provide information in due course on the measures adopted to restructure the Ministry of Labour and Social Security and, in particular, the labour inspection services so that they are more effective in ensuring the application of the Convention.