Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee notes the report provided by the Government.

Article 3, paragraphs 2 and 3, of the Convention. The Committee notes that the Government states once again that consultations with the occupational associations of workers and employers are held on a basis of absolute equality between them without any distinction whatsoever. It also notes that section 87 of Act No. 90-11 of 24 April 1990 respecting industrial relations, as amended and supplemented, does not contain provisions relating to the organization and operation of such consultation through tripartite meetings, for example in relation to their composition, competence or frequency. The Committee would therefore be grateful to receive further information concerning the practical arrangements for the holding of consultations to fix minimum wages, as well as on the functioning of tripartite meetings, including, for example, a copy of the communiqué issued by the most recent tripartite meeting. The Committee would also be grateful if the Government would indicate the provisions in laws or regulations which ensure the participation in these tripartite meetings of representatives of employers and workers in equal numbers and on equal terms.

Article 4, paragraph 1, and Part V of the report form. The Committee notes that, under section 149 of Act No. 90-11 of 24 April 1990 respecting industrial relations, as amended and supplemented, any employer who pays a worker a wage lower than the national minimum guaranteed wage shall be liable to a fine of between 1,000 and 2,000 DA, multiplied by the number of contraventions. The Committee notes that the level of the fine established corresponds to one-eighth and one-fourth respectively, of the national minimum guaranteed wage in force. It wonders whether these amounts, the value of which has undoubtedly been significantly eroded by the monetary devaluations of the past decade, are still sufficiently punitive to dissuade employers against non-compliance with minimum wage provisions and it requests the Government to provide information in this respect. The Committee also asks the Government to provide fuller information on the operation of the system of supervision and sanctions by providing, for example, extracts of the reports of the labour inspection services indicating the number of violations reported of the national minimum guaranteed wage and the measures taken to penalize such violations.

Article 5. The Committee notes from the Government’s report that the national minimum guaranteed wage is currently set at 8,000 DA a month. It requests the Government to indicate the date on which the minimum wage was increased most recently and to provide a copy of the relevant legal texts.