Solicitud directa (CEACR) - Adopción: 2006, Publicación: ª reunión CIT ()

The Committee notes the information contained in the Government’s report and the attached documentation, in particular the Wages Regulation Orders of 2005 establishing new minimum wage rates for various categories of workers. It also notes the Government’s indication that the tripartite advisory committee on minimum wages is not currently in operation but is expected to be reconstituted in 2007. As regards its working methods, the Government reports that the said committee holds consultations with relevant stakeholders but undertakes no official studies before formulating its recommendations.

Noting that sections 7-9 of the Labour Act (Cap. 98:01) do not explicitly provide for equal representation of employers’ and workers’ organizations in the minimum wage-fixing machinery or specify the socio-economic criteria to be taken into account in determining minimum wage levels, the Committee requests the Government to provide additional explanations as to how it is ensured in law and practice: (i) that the representative organizations of employers and workers concerned are associated in the operation of the minimum wage-fixing machinery in equal numbers and on equal terms; and (ii) that social and economic trends and indicators such as the cost of living, productivity or unemployment are duly considered, for instance, by carrying out periodical surveys of national conditions, when reviewing or readjusting minimum wage rates.

Moreover, the Committee recalls its previous comments in which it noted that the provisions of the Labour Act concerning the regulation of wages do not require the full consultation and direct participation of employers’ and workers’ representatives in the minimum wage-fixing process in all circumstances but rather leave the appointment of an advisory committee at the discretion of the Minister of Labour. Considering that the obligation to effectively consult the social partners at all stages of the minimum wage-fixing process is a core principle of the Convention, the Committee asks the Government to take all appropriate measures to bring its national legislation into full conformity with the requirements of the Convention in this regard.

Finally, the Committee would thank the Government for continuing to supply up to date information on the practical application of the Convention, including for instance the minimum wage rates applicable in different occupations in the private and public sectors, available statistics on the number of workers remunerated at the minimum wage rate, and results of labour inspection visits or other enforcement measures in respect of minimum wages.