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 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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

Articles 2 and 3 of the Convention. Scope of minimum wage fixing machinery and consultation of employers and workers. The Committee recalls its previous comments in which it pointed out that the Government is under the obligation to fully consult its social partners at all stages of the minimum wage fixing process, including the determination of the trades or parts of the trades to which the minimum wage fixing machinery is to be applied, and not only with respect to setting an appropriate minimum wage level when the Minister of Labour considers it expedient to fix the minimum wage of a group of wage earners, as provided for in section 54(1) of the new Employment Act No. 6 of 2000. The Committee also raised the question of the absence of a permanent consultative body, such as the Wages Advisory Council or the Wages Advisory Board, under the Employment Act of 2000 and further noted the longer intervals introduced by the new legislation for the periodic review and adjustment of minimum wage levels. The Committee notes the Government’s reply that despite the absence of a formal tripartite structure, consultations are still undertaken in practice, with the last review having been undertaken in June 2007 and another one planned for September 2009. The Government adds that the minimum wage rates set by the Minister upon consultation with employers’ and workers’ organizations apply to all sectors of the economy unless better wages are agreed upon through collective bargaining. The Government further indicates that that the Employment Act of 2000 is currently under review and a proposal has been made for a tripartite labour advisory council to undertake investigations and recommend appropriate minimum wages to the Minister whenever need arises to review wages. While noting the Government’s explanations, the Committee wishes to emphasize that the obligation to associate the social partners – in equal numbers and on equal terms – in the operation of the minimum wage fixing machinery is a core requirement of the Convention and preferably calls for the setting up of a institutionalized consultative framework. It therefore requests the Government to take at the first suitable occasion the necessary steps so as to align the national legislation with practice. The Committee would also appreciate if the Government would provide up to date information on the revision process of the Employment Act and in particular the possibility of periodic wage surveys carried out by the Labour Advisory Council.

Article 4. Publicizing the minimum wage, supervision and sanctions. The Committee notes that once the minimum rates of wages are agreed, they are published in the Official Gazette. In addition, labours offices may inform employers and workers through circulars and also in the course of regular inspection activities. The Committee also notes the Government’s indication that inspection results are not available due to lack of capacity and data-collection problems while a functional review of the Ministry of Labour has recently recommended the establishment of an Inspectorate Unit which is now awaiting approval. The Committee requests the Government to continue to supply information on any further developments regarding the strengthening of supervision and enforcement of the minimum wage legislation.

Article 5 and Part V of the report form. The Committee understands that the urban and rural minimum wage rates were last revised in 2007 and currently stand at 97 Malawi kwachas (MWK) (approximately US$0.71) and MWK 74 (approximately US$0.54) per day respectively. The Committee hopes that the Government will make every effort to collect and transmit in its next report concrete information on the practical application of the Convention, including the approximate number of workers covered by the relevant legislation, collectively agreed minimum wage rates in force, extracts from reports of the inspection services showing the number of infringements observed and penalties imposed, etc.

Finally, 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. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

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:

The Committee notes Employment Act No. 6 of 2000 on minimum wage fixing machinery for all professions and occupations, including agriculture, which replaces Cap. 55:01 on minimum wages and working conditions. The Committee notes that this legislation creates a legal system for minimum wage fixing machinery, which is different from the previous one. It also notes that, according to section 54(1) of the Employment Act, it is up to the Minister, if he deems it appropriate, to fix a minimum wage for certain categories of workers, or to consult the appropriate employers’ and workers’ organizations as to the rate, where previously these types of consultations took place within tripartite structures such as the Wages Advisory Council and Wages Advisory Board, who were required to meet at least once a year. Furthermore, the Committee notes that the law establishes criteria that the Minister must, to the extent possible, take into consideration for purposes of minimum wage fixing, and the obligation formulated in section 54, subparagraph 4, of this law, according to which the Minister must review minimum wage levels, in consultation with workers’ and employers’ organizations, at least once every three years; whereas, in the former system, revisions were carried out every two years or when the national consumer price index increased by 20 per cent – whichever occurred first. The Committee also notes that, as provided by section 55, minimum wages fixed according to the aforementioned procedure cannot be reduced, on pains of sanctions, and the right to fix salaries above the legal minimum through collective bargaining is guaranteed. The Committee requests the Government to provide the necessary information on the following matters.

Article 2 of the Convention. The Committee recalls that, according to this Article of the Convention, the Government is free to determine to which trades or parts of the trades the minimum wage fixing machinery shall be applied, provided a thorough preliminary consultation with employers’ and workers’ organizations has taken place. It notes that the labour legislation contains provisions for consultation with employers’ and workers’ organizations only when minimum rates of wages are being fixed or when the Minister considers it necessary to modify minimum wage fixing procedures, but not before the selection of the trades or parts of the trades concerned, as required by the Convention. The Committee therefore requests the Government to inform the Office, in its next report, on the measures taken or envisaged to fully implement the provisions of this Article of the Convention and to specify how it is carrying out consultations with employers’ and workers’ organizations.

Article 3, paragraph 2(2). The Committee notes that the Government indicated in its report submitted under the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), that consultation with appropriate employers’ and workers’ organizations was being carried out on a basis of complete equity both in terms and in numbers. It also notes that Employment Act No. 6 of 2000 contains nothing on how minimum wage fixing machinery is to be implemented or ways in which employers and workers concerned could participate in the implementation of such machinery. The Committee requests the Government to provide more ample information regarding legal instruments or other means for effectively guaranteeing respect for the principle of participation, in equal numbers and on equal terms, of the social partners in implementing the minimum wage fixing machinery, as required by the Convention.

Article 4, paragraphs 1 and 2. The Committee requests the Government to provide particulars on all the measures taken to inform employers and workers of minimum rates of wages in force, in particular by means of posters in appropriate locations. The Committee further requests the Government to specify judicial or other means for workers to recover monies due and deadlines established by national legislation for workers to exercise this right, and to continue to provide a detailed description of the operation of the system of supervision and sanctions which guarantees respect for the minimum applicable rate of wages.

Article 5 and Part V of the report form. Referring to previous comments, the Committee requests the Government to provide, in its next report, information on the results of inspections carried out, such as the number of violations of minimum wage provisions, fines imposed, etc., and the approximate number of workers to which minimum wage fixing machinery applies. Furthermore, the Committee notes that, according to the Government’s report under the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), it has fixed minimum rates of wages for merchants, artisans, technicians and apprentices, and requests the Government to communicate in its next report the actual rates so fixed.

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 entry into force of Employment Act No. 6 of 2000 on minimum wage fixing machinery for all professions and occupations, including agriculture, which replaces Cap. 55:01 on minimum wages and working conditions. The Committee notes that the new legislation creates a legal system for minimum wage fixing machinery, which is different from the previous one. It also notes that, according to section 54(1) of the new Employment Act, it is up to the Minister, if he deems it appropriate, to fix a minimum wage for certain categories of workers, or to consult the appropriate employers’ and workers’ organizations as to the rate, where previously these types of consultations took place within tripartite structures such as the Wages Advisory Council and Wages Advisory Board, who were required to meet at least once a year. Furthermore, the Committee notes that the new law establishes criteria that the Minister must, to the extent possible, take into consideration for purposes of minimum wage fixing, and the obligation formulated in section 54, subparagraph 4, of this law, according to which the Minister must review minimum wage levels, in consultation with workers’ and employers’ organizations, at least once every three years; whereas, in the former system, revisions were carried out every two years or when the national consumer price index increased by 20 per cent – whichever occurred first. The Committee also notes that, as provided by section 55, minimum wages fixed according to the aforementioned procedure cannot be reduced, on pains of sanctions, and the right to fix salaries above the legal minimum through collective bargaining is guaranteed. The Committee requests the Government to provide the necessary information on the following matters.

Article 2 of the Convention. The Committee recalls that, according to this Article of the Convention, the Government is free to determine to which trades or parts of the trades the minimum wage fixing machinery shall be applied, provided a thorough preliminary consultation with employers’ and workers’ organizations has taken place. It notes that the new labour legislation contains provisions for consultation with employers’ and workers’ organizations only when minimum rates of wages are being fixed or when the Minister considers it necessary to modify minimum wage fixing procedures, but not before the selection of the trades or parts of the trades concerned, as required by the Convention. The Committee therefore requests the Government to inform the Office, in its next report, on the measures taken or envisaged to fully implement the provisions of this Article of the Convention and to specify how it is carrying out consultations with employers’ and workers’ organizations.

Article 3, paragraph 2(2). The Committee notes that the Government indicated in its report submitted under the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), that consultation with appropriate employers’ and workers’ organizations was being carried out on a basis of complete equity both in terms and in numbers. It also notes that Employment Act No. 6 of 2000 contains nothing on how minimum wage fixing machinery is to be implemented or ways in which employers and workers concerned could participate in the implementation of such machinery. The Committee requests the Government to provide more ample information regarding legal instruments or other means for effectively guaranteeing respect for the principle of participation, in equal numbers and on equal terms, of the social partners in implementing the minimum wage fixing machinery, as required by the Convention.

Article 4, paragraphs 1 and 2. The Committee requests the Government to provide particulars on all the measures taken to inform employers and workers of minimum rates of wages in force, in particular by means of posters in appropriate locations. The Committee further requests the Government to specify judicial or other means for workers to recover monies due and deadlines established by national legislation for workers to exercise this right, and to continue to provide a detailed description of the operation of the system of supervision and sanctions which guarantees respect for the minimum applicable rate of wages.

Article 5 and Part V of the report form. Referring to previous comments, the Committee requests the Government to provide, in its next report, information on the results of inspections carried out, such as the number of violations of minimum wage provisions, fines imposed, etc., and the approximate number of workers to which minimum wage fixing machinery applies. Furthermore, the Committee notes that, according to the Government’s report under the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), it has fixed minimum rates of wages for merchants, artisans, technicians and apprentices, and requests the Government to communicate in its next report the actual rates so fixed.

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

The Committee notes the report forwarded by the Government and the entry into force of Employment Act No. 6 of 2000 on minimum wage fixing machinery for all professions and occupations, including agriculture, which replaces Cap. 55:01 on minimum wages and working conditions. The Committee notes that the new legislation creates a legal system for minimum wage fixing machinery, which is different from the previous one. It also notes that, according to section 54(1) of the new Employment Act, it is up to the Minister, if he deems it appropriate, to fix a minimum wage for certain categories of workers, or to consult the appropriate employers’ and workers’ organizations as to the rate, where previously these types of consultations took place within tripartite structures such as the Wages Advisory Council and Wages Advisory Board, who were required to meet at least once a year. Furthermore, the Committee notes that the new law establishes criteria that the Minister must, to the extent possible, take into consideration for purposes of minimum wage fixing, and the obligation formulated in section 54, subparagraph 4, of this law, according to which the Minister must review minimum wage levels, in consultation with workers’ and employers’ organizations, at least once every three years; whereas, in the former system, revisions were carried out every two years or when the national consumer price index increased by 20 per cent - whichever occurred first. The Committee also notes that, as provided by section 55, minimum wages fixed according to the aforementioned procedure cannot be reduced, on pains of sanctions, and the right to fix salaries above the legal minimum through collective bargaining is guaranteed. The Committee requests the Government to provide the necessary information on the following matters.

Article 2 of the Convention. The Committee recalls that, according to this Article of the Convention, the Government is free to determine to which trades or parts of the trades the minimum wage fixing machinery shall be applied, provided a thorough preliminary consultation with employers’ and workers’ organizations has taken place. It notes that the new labour legislation contains provisions for consultation with employers’ and workers’ organizations only when minimum rates of wages are being fixed or when the Minister considers it necessary to modify minimum wage fixing procedures, but not before the selection of the trades or parts of the trades concerned, as required by the Convention. The Committee therefore requests the Government to inform the International Labour Office, in its next report, on the measures taken or envisaged to fully implement the provisions of this Article of the Convention and to specify how it is carrying out consultations with employers’ and workers’ organizations.

Article 3, paragraph 2(2). The Committee notes that the Government indicated in its report submitted under the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), that consultation with appropriate employers’ and workers’ organizations was being carried out on a basis of complete equity both in terms and in numbers. It also notes that Employment Act No. 6 of 2000 contains nothing on how minimum wage fixing machinery is to be implemented or ways in which employers and workers concerned could participate in the implementation of such machinery. The Committee requests the Government to provide more ample information regarding legal instruments or other means for effectively guaranteeing respect for the principle of participation, in equal numbers and on equal terms, of the social partners in implementing the minimum wage fixing machinery, as required by the Convention.

Article 4, paragraphs 1 and 2. The Committee requests the Government to provide particulars on all the measures taken to inform employers and workers of minimum rates of wages in force, in particular by means of posters in appropriate locations. The Committee further requests the Government to specify judicial or other means for workers to recover monies due and deadlines established by national legislation for workers to exercise this right, and to continue to provide a detailed description of the operation of the system of supervision and sanctions which guarantees respect for the minimum applicable rate of wages.

Article 5 and Part V of the report form. Referring to previous comments, the Committee requests the Government to provide, in its next report, information on the results of inspections carried out, such as the number of violations of minimum wage provisions, fines imposed, etc., and the approximate number of workers to which minimum wage fixing machinery applies. Furthermore, the Committee notes that, according to the Government’s report under the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), it has fixed minimum rates of wages for merchants, artisans, technicians and apprentices, and requests the Government to communicate in its next report the actual rates so fixed.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report concerning the two-tier system of statutory minimum wages and conditions of employment for application in the various sectors of the economy.

The Committee also notes the Government's intention to provide information on the approximate number of workers (tradesmen) covered by the minimum wages when it has been collected and compiled. It hopes that this data will be supplied in the Government's next report, together with other information on the application of the Convention in practice, as required by Article 5 of the Convention and point V of the report form, for example: (i) the minimum wage rates in force; and (ii) the results of inspections carried out (for example, the number of violations of minimum wage provisions, the penalties imposed, etc.).

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

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 following matters raised in its previous direct request:

The Committee notes that the Regulation of Minimum Wages and Conditions of Employment Act was amended in 1992 to provide for consultation with the Ministry of Finance and the Reserve Bank of Malawi and participation of the Department of Economic Planning and Development regarding the review of minimum wages. It also notes that the amended Act calls for the review of any pecuniary conditions of employment once every two years or when the national consumer price index increases by 20 per cent (whichever occurs earlier), and that the Wages Advisory Councils and the Wages Advisory Board are to meet at least once every year.

The Committee requests the Government to provide information on the minimum wages actually fixed for different trades or parts of trades, including also the approximate numbers of workers covered (Article 5 of the Convention and point V of the report form).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes from the Government's report that the Regulation of Minimum Wages and Conditions of Employment Act was amended in 1992 to provide for consultation with the Ministry of Finance and the Reserve Bank of Malawi and participation of the Department of Economic Planning and Development regarding the review of minimum wages. It also notes that the amended Act calls for the review of any pecuniary conditions of employment once every two years or when the national consumer price index increases by 20 per cent (whichever occurs earlier), and that the Wages Advisory Councils and the Wages Advisory Board are to meet at least once every year.

The Committee requests the Government to provide information on the minimum wages actually fixed for different trades or parts of trades, including also the approximate numbers of workers covered (Article 5 of the Convention and point V of the report form).