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Repetition Articles 1(1) and 2(2) of the Convention. Minimum wages fixed by statute or through collective bargaining. The Committee notes the adoption of the Minimum Wage and Conditions of Employment Orders, 2011, Statutory Instruments Nos 1, 2 and 3. The Committee would be grateful if the Government would provide additional information on the approximate number of workers whose wages are fixed through collective bargaining or, alternatively, by the statutory instruments referred to above.Article 3. Criteria for fixing and adjusting minimum wages. The Committee notes the Government’s statement that, at the time the statutory instruments were issued, the minimum wage levels were adequate to provide a decent standard of living, but their value has eroded over time. In this connection, the Committee once again requests the Government to explain how the workers’ needs are taken into account, as required under this Article of the Convention, when the statutory minimum wages are revised.Article 4(2) and (3). Consultations with the social partners. The Committee has been commenting for many years on the need to amend section 3(1) of the Minimum Wages and Conditions of Employment Act (Cap. 276), which requires consultation only with a trade union before an order could be prescribed. The Government has indicated in earlier reports that necessary action would be taken to bring the Minimum Wages and Conditions of Employment Act into line with the requirements of the Convention, i.e. full consultation not only with the workers’ unions but also the employers’ organizations. The Committee once more expresses the hope that the Government will take appropriate steps without further delay in order to align the national legislation with established practice and requests the Government to keep the Office informed of any progress made in this respect.Article 5 and Part V of the report form. The Committee notes the Government’s indication that it is planning to undertake a comprehensive wages survey. It requests the Government to keep the Office informed of any progress made in this regard and to transmit a copy once the survey has been finalized. It also asks the Government to continue to provide up-to-date and documented information on the practical application of the Convention including, for instance, the estimated number of workers remunerated at the minimum wage level, extracts from reports of the labour inspection services showing the number and nature of contraventions of the relevant legislation and the sanctions imposed, copies of collective agreements, etc.
Articles 1(1) and 2(2) of the Convention. Minimum wages fixed by statute or through collective bargaining. The Committee notes the information contained in the Government’s report and the attached documents, in particular the Minimum Wages and Conditions of Employment (General) Order, 2006 and the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2006, which set minimum pay rates for non-unionized workers, as well as the copies of certain collective agreements establishing minimum wages at the branch or enterprise level. The Committee would be grateful if the Government would provide additional information on the categories and the approximate number of workers whose wages are fixed through collective bargaining or, alternatively, by the two statutory instruments referred to above.
Article 3. Criteria for fixing and adjusting minimum wages. The Committee notes the Government’s statement that, at the time the statutory instruments were issued, the minimum wage levels were adequate to provide a decent standard of living, but their value has eroded over time. In this connection, the Committee once again requests the Government to explain how the workers’ needs are taken into account, as required under this Article of the Convention, when the statutory minimum wages are revised.
Article 4(2), (3). Consultations with the social partners. The Committee has been commenting for many years on the need to amend section 3(1) of the Minimum Wages and Conditions of Employment Act (Cap. 276), which requires consultation only with a trade union before an order could be prescribed. The Government has indicated in earlier reports that necessary action would be taken to bring the Minimum Wages and Conditions of Employment Act into line with the requirements of the Convention, i.e. full consultation not only with the workers’ unions but also the employers’ organizations. The Committee once more expresses the hope that the Government will take appropriate steps without further delay in order to align the national legislation with established practice and requests the Government to keep the Office informed of any progress made in this respect.
Article 5 and Part V of the report form. The Committee notes the Government’s indication that it is planning to undertake a comprehensive wages survey. It requests the Government to keep the Office informed of any progress made in this regard and to transmit a copy once the survey has been finalized. It also asks the Government to continue to provide up to date and documented information on the practical application of the Convention including, for instance, the estimated number of workers remunerated at the minimum wage level, extracts from reports of the labour inspection services showing the number and nature of contraventions of the relevant legislation and the sanctions imposed, copies of collective agreements, etc.
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 that the two statutory instruments fixing minimum wage rates, i.e. the Minimum Wages and Conditions of Employment (General) Order, 2002 and the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2002 are being revised, especially in respect of redundancy and retirement benefits. The Committee would appreciate receiving copies of the revised instruments as soon as they are adopted.
Article 2, paragraph 2, of the Convention. The Committee notes that the minimum wage legislation applies to employees whose wages and conditions of employment are not regulated by collective agreement. The Committee would be grateful if the Government would supply more detailed information on the categories and number of workers whose wages are fixed through collective bargaining, as well as copies of any such collective agreements currently in effect.
Article 3. The Committee requests the Government to indicate how it is ensured in law and practice that social considerations such as the needs of workers and their families are sufficiently taken into account in reviewing and readjusting minimum wage levels from time to time, as required under this Article of the Convention.
Article 4, paragraphs 2 and 3. The Committee notes with regret that the Government is still not in position to report any progress concerning the amendment of the Minimum Wages and Conditions of Employment Act (Cap. 276) on which the Committee has been commenting for a number of years. The Government has given reassurances on many occasions that its legislation would be aligned with established practice so as to ensure the full consultation not only of workers’ unions but also of employers’ representative organizations in the process of minimum wage fixing. The Committee therefore asks the Government to take appropriate action without further delay and keep it informed of any concrete measures taken in this regard.
Article 5 and Part V of the report form. The Committee requests the Government to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, extracts from inspection reports indicating the number of violations observed and the penalties imposed, the estimated number of workers earning the minimum wage, practical indications as to whether the minimum wage in force is adequate to provide workers and their families with a decent standard of living, etc.
The Committee notes the information contained in the Government’s report. It notes in particular that the two statutory instruments fixing minimum wage rates, i.e. the Minimum Wages and Conditions of Employment (General) Order, 2002 and the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2002 are being revised, especially in respect of redundancy and retirement benefits. The Committee would appreciate receiving copies of the revised instruments as soon as they are adopted.
The Committee notes the information contained in the Government’s report. It notes in particular the adoption of the Minimum Wages and Conditions of Employment (General) Order, 2002, and the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2002, revising the hourly and monthly wage rates applicable to most shop workers and to all employees with the exception of domestic workers, government or municipal employees and employees whose wages and conditions of employment are regulated by collective agreement.
Article 4, paragraphs 2 and 3, of the Convention. For many years, the Committee has been drawing attention to the need to amend section 3(1) of the Minimum Wages and Conditions of Employment Act (Cap. 276) in order to make provision for full consultations not only with the workers’ unions but also the employers’ organizations. In its previous reports, the Government has often stated that appropriate legislative action would soon be taken even though, as a matter of practice, employers’ and workers’ representatives had always been equally involved in the determination of minimum wages. The Committee once again asks the Government to take the necessary action without further delay in order to align the national legislation with established practice, as described by the Government, and thus with the requirements of the Convention regarding the full consultation and direct participation of both employers’ and workers’ representative organizations in the process of minimum wage fixing. The Committee requests the Government to keep it informed of any new developments in this regard.
Article 5 and Part V of the report form. The Committee would appreciate if the Government could continue providing up-to-date and detailed information regarding the application of the Convention in practice, including for instance, statistics on the number of workers covered by relevant legislation, extracts from labour inspection reports indicating the number of violations of minimum wage provisions and the penalties imposed, the minimum wage rates applicable to workers excluded from the coverage of the two statutory instruments referred to above (e.g. domestic workers, persons employed in the petroleum industry, coffee stores, bakeries, milk or grocery shops, newspapers, etc.), available data on the evolution of minimum wage rates in recent years as compared to the evolution of indicators, such as the inflation rate, in the same period or of minimum rates of pay established through collective bargaining, as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.
The Committee notes the information provided in the Government’s report. It notes in particular the adoption of the Minimum Wages and Conditions of Employment (General) Order, 1997 (S.I. No. 119 of 1997), and the Minimum Wages and Conditions of Employment (Shop Workers) Order, 1997 (S.I. No. 120 of 1997), covering such employees whose wages and conditions of employment are not regulated by any collective agreements. The Committee also notes the Government’s statement to the effect that employers’ and workers’ representatives fully participated in the revision of the wage rates contained in the two orders and that similar consultations will be held in the process of further revising these two instruments. Article 4, paragraphs 2 and 3, of the Convention. The Committee notes the Government’s statement that preparations are under way to amend section 3(1) of the Minimum Wages and Conditions of Employment Act in order to include employers’ representatives in the consultation process. While noting the Government’s indication that in practice employers are consulted before any statutory orders on minimum wages are prescribed, the Committee hopes that the Government will not fail to take the necessary steps in order to bring the legislation into conformity with the Convention on this point on which it has been commenting for many years. The Committee asks the Government to report on any positive developments in this regard. Part V of the report form. The Committee requests the Government to continue to provide detailed and up-to-date information on the manner in which the Convention is applied in practice, including, for instance, the minimum wage rates in force, available data on the number and different categories of workers covered by minimum wage provisions, inspection reports indicating the number of violations observed and the penalties imposed, and any other particulars concerning the fulfilment of the practical conditions prescribed by the Convention.
The Committee notes the information provided in the Government’s report. It notes in particular the adoption of the Minimum Wages and Conditions of Employment (General) Order, 1997 (S.I. No. 119 of 1997), and the Minimum Wages and Conditions of Employment (Shop Workers) Order, 1997 (S.I. No. 120 of 1997), covering such employees whose wages and conditions of employment are not regulated by any collective agreements. The Committee also notes the Government’s statement to the effect that employers’ and workers’ representatives fully participated in the revision of the wage rates contained in the two orders and that similar consultations will be held in the process of further revising these two instruments.
Article 4, paragraphs 2 and 3, of the Convention. The Committee notes the Government’s statement that preparations are under way to amend section 3(1) of the Minimum Wages and Conditions of Employment Act in order to include employers’ representatives in the consultation process. While noting the Government’s indication that in practice employers are consulted before any statutory orders on minimum wages are prescribed, the Committee hopes that the Government will not fail to take the necessary steps in order to bring the legislation into conformity with the Convention on this point on which it has been commenting for many years. The Committee asks the Government to report on any positive developments in this regard.
Part V of the report form. The Committee requests the Government to continue to provide detailed and up-to-date information on the manner in which the Convention is applied in practice, including, for instance, the minimum wage rates in force, available data on the number and different categories of workers covered by minimum wage provisions, inspection reports indicating the number of violations observed and the penalties imposed, and any other particulars concerning the fulfilment of the practical conditions prescribed by the Convention.
The Committee notes the information provided in the Government's report in reply to its previous comments.
Article 1, paragraph 2, of the Convention, in conjunction with Article 4, paragraphs 2 and 3. The Committee notes the Government's indication to the effect that, notwithstanding the provisions in section 3(1) of the Minimum Wages and Conditions of Employment Act, which requires consultation only with a trade union before an order could be prescribed, recognition has been taken pursuant to the provisions of section 83 of the Industrial and Labour Relations Act to consult with both workers and employers representative bodies before the Minister can prescribe the minimum wages and conditions of employment. According to the Government, arrangements are on hand to specify employers' organization in the Act, to fortify policy and practice currently provided on the matter.
The Committee wishes to refer to paragraph 76 of its 1992 General Survey on minimum wages drawing attention to the provisions of the Convention that require ratifying States to determine the groups of wage-earners to be covered "in agreement or after full consultation" with the organizations concerned, where they exist. The obligation for ratifying States to consult extends also to the establishment, application and modification of minimum wage fixing machinery.
The Committee therefore requests the Government to provide further information as regards the full consultation of employers' and workers' organizations in the determination and revision of particular or general statutory orders on minimum wages and conditions of employment (e.g. the sectors of activity and groups of workers concerned, the employers' and workers' organizations that have been consulted, the consultation process, etc.). It hopes that the Government will: (i) take immediate action in order to bring section 3(1) of the Minimum Wages and Conditions of Employment Act into conformity with the provisions of the Convention, i.e. as concerns full consultation not only with the workers' unions, but also the employers' organizations; and (ii) provide a copy the new version of section 3(1) thereof as soon as it is adopted.
Article 2, paragraph 1, in conjunction with Article 5 and point V of the report form. The Committee requests the Government to continue to provide general information on the application of the Convention in practice, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.).
[The Government is asked to report in detail in 2000.]
The Committee takes note of the information supplied by the Government in its report, and particularly of the Minimum Wages and Conditions of Employment (General) Order of 1992 and the Minimum Wages and Conditions of Employment (Shop Workers) Order, 1992.
Article 1, paragraph 2, and Article 4, paragraphs 2 and 3, of the Convention. The Committee notes the Government's statement that action will be taken to align section 3(1) of the Minimum Wages and Conditions of Employment Act (Act No. 25 of 1982) with the requirements of the Convention, i.e. full consultation not only with the workers' unions but also the employers' organizations. The Government also indicates that, in practice, both employers' and workers' representatives are already involved in the determination of minimim wages.
With regard to the role of the Prices and Incomes Commission in the determination of minimum wages, the Government indicates that Orders made under section 3 of the above-mentioned Act are made on the basis of recommendations of its wages committee, composed of representatives of the Government, employers and trade unions.
The Committee hopes that the provision of section 3(1) of the said Act will soon be brought into line with the practice as described above by the Government, and thus with the requirement of the Convention regarding the full consultation with both employers' and workers' representative organizations. It would also be grateful to the Government for supplying a copy of any statutory instrument regarding the establishment of the wage committee of the Prices and Incomes Commission.
The Committee takes note of the information supplied by the Government in its report, and particularly of the Minimum Wages and Conditions of Employment (General) Order of 1985, and the Minimum Wages and Conditions of Employment (Shop Workers) Order of 1987.
Article 1, paragraph 2, and Article 4, paragraphs 2 and 3, of the Convention. The Committee notes that section 3(1) of the Minimum Wages and Conditions of Employment Act (No. 25) of 1982 provides that if the group of workers in respect of which a statutory order is to be made is represented by a trade union, no such order shall be made without first consulting such trade union.
The Committee notes the Government's statement to the effect that, as a matter of operational policy and practice, full consultation with the workers' and employers' representative organisations is always undertaken, although consultation with employers' organisations is not specifically required by the Minimum Wages and Conditions of Employment Act. Where, therefore, minimum wages and conditions of employment have to be fixed for any group of workers not covered by adequate provisions, workers' and employers' representative organisations are fully consulted and only when consensus has been reached can the Minister make an order. The Government indicates that neither the workers' organisations nor the employers' organisations have raised any dissatisfaction on the mode and procedure adopted. The Committee also notes from the Government's report that the Consultative Council on Prices and Incomes established by the Prices and Incomes Commission Act (No. 9) of 1981, deals with prices and incomes policy matters but is not directly engaged in minimum wage fixing.
The Committee recalls that section 3(1) of Act No. 25 of 1982 provides only for consultation with workers' trade unions and provided that the workers in respect of whom a statutory minimum wage order is to be made are represented by a trade union. The Committee notes, however, that, under section 10(1)(c) of Act No. 9 of 1981, the Consultative Council on Prices and Incomes is in fact empowered to recommend for the approval of the Government minimum and maximum wage levels, and to supervise the execution and implementation of the recommendations approved by the Government. It also notes that, while in practice employers' organisations are always represented, this is not required by law.
The Committee therefore asks the Government to take measures to align national legislation with the practice described by the Government in its report and with the Convention, by making explicit provision for consultation with employers' organisations in the establishment, operation and modification of the machinery for fixing minimum wages.