Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Articles 1(1) and 3(2) of the Convention. Minimum wage fixing machinery and consultations with the social partners. The Committee notes the Government’s statement that the continued failure to readjust the national minimum wage has had an adverse impact on low-paid workers. It also notes the Government’s reference to a long list of issues that have accrued because of the ongoing impasse concerning the establishment of a Minimum Wages Board. The Committee would be grateful if the Government would provide a detailed account of the current situation, including the views of the representative organizations of employers and workers concerned, and indicate any concrete measures taken or planned in order to reactivate the process for the determination of minimum wages in accordance with the principles set out in the Convention.

Moreover, the Committee notes the Government’s statement that the minimum wage fixing mechanism already in place, i.e. the Minimum Wages Board, covers all sectors of the economy rather than individual sectors, and that therefore it considers the Convention to have become irrelevant and without purpose under the circumstances. The Committee also notes that the Government intends to denounce the Convention at the next available occasion.

In this respect, the Committee wishes to draw the Government’s attention to the Minimum Wage Fixing Convention, 1970 (No. 131) which was adopted precisely in order to rectify the weaknesses of earlier instruments on minimum wage fixing in manufacture, commerce and agriculture. Among the main improvements, Convention No. 131 requires the establishment of a system of minimum wages covering all groups of wage earners thus broadening the scope of minimum wage protection; strengthens the principle of the binding force of minimum wages without providing for possible exceptions to this principle; allows for different policy considerations that may arise in fixing minimum wages so that the criteria for the determination of minimum wage levels include the need to consider the effect of increases in the minimum wages on economic growth and on employment; provides for periodic review and adjustment of minimum wage levels in full consultation with the social partners; and calls for appropriate measures, such as adequate inspection, to ensure compliance with established pay rates. By decision of the ILO Governing Body, Convention No. 131 is considered to be an up-to-date instrument the ratification of which should be promoted. In light of the preceding remarks, the Committee invites the Government to favourably consider the possibility of ratifying Convention No. 131 and to keep the Office informed of any decision taken in this regard.

In addition, the Committee refers to the comments made under Convention No. 26.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes 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:

The Committee notes the Government’s earlier indication that the three-year interval reviews of minimum wage rates have been discontinued since 1992 following the policy decision to deregulate the fixing of minimum wages, and that therefore the minimum wage rate applicable to the agricultural sector has not been readjusted in the past ten years. It also notes that the 2000 Minimum Wages Board determination was disallowed partly because the Rural Industries’ Council, an employer group, claimed it was not capable of paying the determined minimum wage rate. The Committee understands that the reform of the wage‑setting process and the overturn of the Minimum Wages Board recommendation for a 160 per cent increase of the minimum wage of rural workers from K24.2 ($7) to K60.42 ($18) per week were decided in implementation of a structural adjustment programme supported by the World Bank and the IMF. The Committee also understands that the proposed minimum pay rise was designed to compensate for the impact of inflation and the erosion of the national currency which lost half of its value between 1994 and 2001. The Committee considers it appropriate to recall that the fundamental and ultimate objective of the Convention is to ensure that minimum wages are maintained at such a level that may provide a satisfactory standard of living to workers and their families and therefore the timing and frequency of their adjustment should not be determined on the basis only of economic factors, such as the requirements of economic development and the desirability of attaining a high level of employment, but should also be related to social considerations such as the basic needs of workers and their families (e.g. housing, food, education, health, leisure, clothing, hygiene, transport, social security or leisure and sports). In this connection, the Committee wishes to refer to paragraph 429 of its General Survey of 1992 on minimum wages in which it noted that this fundamental objective of the minimum wage system should constantly be borne in mind especially in those countries undergoing structural adjustment programmes or in a process of transition from a planned to a market economy. Noting that almost 85 per cent of the population derive their livelihood from agriculture and farming, the Committee requests the Government to keep it informed of any measures taken in consultation with its social partners for the revision of minimum wage rates applicable to agricultural workers.

The Committee refers also to its comments made under Convention No. 26.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. In particular, it notes that the three-year interval reviews of minimum wage rates have been discontinued since 1992 following the policy decision to deregulate the fixing of minimum wages, and that therefore the minimum wage rate applicable to the agricultural sector has not been readjusted in the past ten years. It also notes that the 2000 Minimum Wages Board determination was disallowed partly because the Rural Industries’ Council, an employer group, claimed it was not capable of paying the determined minimum wage rate. The Committee understands that the reform of the wage-setting process and the overturn of the Minimum Wages Board recommendation for a 160 per cent increase of the minimum wage of rural workers from K24.2 ($7) to K60.42 ($18) per week were decided in implementation of a structural adjustment programme supported by the World Bank and the IMF. The Committee also understands that the proposed minimum pay rise was designed to compensate for the impact of inflation and the erosion of the national currency which lost half of its value between 1994 and 2001. The Committee considers it appropriate to recall that the fundamental and ultimate objective of the Convention is to ensure that minimum wages are maintained at such a level that may provide a satisfactory standard of living to workers and their families and therefore the timing and frequency of their adjustment should not be determined on the basis only of economic factors, such as the requirements of economic development and the desirability of attaining a high level of employment, but should also be related to social considerations such as the basic needs of workers and their families (e.g., housing, food, education, health, leisure, clothing, hygiene, transport, social security or leisure and sports). In this connection, the Committee wishes to refer to paragraph 429 of its General Survey of 1992 on minimum wages in which it noted that this fundamental objective of the minimum wage system should constantly be borne in mind especially in those countries undergoing structural adjustment programmes or in a process of transition from a planned to a market economy. Noting that almost 85 per cent of the population derive their livelihood from agriculture and farming, the Committee requests the Government to keep it informed of any measures taken in consultation with its social partners for the revision of minimum wage rates applicable to agricultural workers.

The Committee refers also to the comments made under Convention No. 26.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes 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 1 of the Convention. The Committee notes that although no time-limits were provided for in the national law, the Minimum Wages Board, as part of its function, sets the period for determining wage rates. Prior to 1992, the review period was three years. The Committee understands that the Minimum Wages Board has not been convened since 1993. However, the terms of reference for determining minimum wages have been drafted and the relevant instruments for convening the Board in 1996 have been issued.

The Committee requests the Government to indicate whether the Minimum Wages Board has been convened and, if so, to supply information on the results of this meeting. Alternatively, the Government is requested to specify which measures have been taken or are contemplated to ensure the meeting of the Minimum Wages Board.

Article 4, in conjunction with Part V of the report form. The Committee would be grateful if the Government would provide information on the effects given in practice to the Convention, for instance: (i) the minimum wage rates in force; (ii) the results of inspection; and (iii) any other data on minimum wages in the agricultural sector, such as statistics available on the number and categories of workers covered, violations and sanctions imposed.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government in its report.

Article 1 of the Convention. The Committee notes that although no time-limits were provided for in the national law, the Minimum Wages Board, as part of its function, sets the period for determining wage rates. Prior to 1992, the review period was three years. The Committee understands that the Minimum Wages Board has not been convened since 1993. However, the terms of reference for determining minimum wages have been drafted and the relevant instruments for convening the Board in 1996 have been issued.

The Committee requests the Government to indicate whether the Minimum Wages Board has been convened and, if so, to supply information on the results of this meeting. Alternatively, the Government is requested to specify which measures have been taken or are contemplated to ensure the meeting of the Minimum Wages Board.

Article 4, in conjunction with point V of the report form. The Committee would be grateful if the Government would provide information on the effects given in practice to the Convention, for instance: (i) the minimum wage rates in force; (ii) the results of inspection; and (iii) any other data on minimum wages in the agricultural sector, such as statistics available on the number and categories of workers covered, violations and sanctions imposed.