Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

The Committee notes the Government’s detailed report and attached documents. In particular, it notes the explanations concerning the protection of the minimum wage level in case of reduction of working hours under the Minimum Wage Act, as last revised on 31 May 2005. In addition, the Committee notes the newly inserted section 17(2) of the Rules for the Operation of the Minimum Wage Council, which provides that eventual withdrawal of employers’ or workers’ members from a Council meeting after a vote has been called for does not affect the quorum and consequently the voting procedure. Recalling that under Article 4(2) of the Convention, full consultations with representative organizations of employers and workers concerned must be held in connection with all aspects and at all stages of the establishment, operation and modification of the minimum wage fixing machinery, the Committee requests the Government to clarify whether employers’ and workers’ organizations concerned were duly consulted before the last revision of the Rules of the Minimum Wage Council.  

Articles 1 and 2 of the Convention. Scope of application and binding force of the minimum wage. The Committee notes with interest the Government’s explanations that following the last two revisions of the Minimum Wage Act, the full rate of the national minimum wage now applies to workers employed in all businesses or workplaces, including small enterprises with four workers or less, minors under 18 years of age, and workers undergoing vocational training, who were previously excluded from its scope. It also notes that the probation period during which workers may receive 90 per cent of the full minimum wage rate has been reduced from six to three months. It further notes that exemptions for persons with remarkably low ability for work due to mental or physical handicap are permitted only upon prior authorization from the Ministry of Labour for a specified period not exceeding one year. However, under section 7 of the Minimum Wage Act, other persons to whom it is deemed inappropriate to apply the minimum wage may also be exempted from the binding force of the minimum pay rate. The Committee would appreciate receiving additional explanations as to the categories and approximate number of workers who may have been excluded from the coverage of minimum wage legislation on the basis of that provision. It also requests the Government to explain how minimum income level protection is ensured for domestic workers who continue to be excluded from the scope of application of the Minimum Wage Act.

Article 5 and Part V of the report form. The Committee notes the Official Notice No. 2006-21 of the Ministry of Labour setting the national minimum wage rate at 3,480 won (approximately US$3.7) per hour as from 1 January 2007. The Committee understands that the minimum wage has been further increased and now stands at 3,770 won (approximately US$4) per hour. It also notes the results of the survey conducted by the Minimum Wage Council in November 2006 concerning the cost of living for unmarried workers under the age of 29, which indicates that the overall living cost is well above the current level of the national minimum wage. It further notes the labour inspection results for the period 2004–06 with regard to the minimum wage, showing the number of workplaces inspected, workers concerned, violations reported and cases referred to the administrative or judicial authorities. The Committee would be grateful if the Government would continue to supply up to date and documented information including, for example, statistical information showing the evolution of the national minimum wage rate in recent years compared to the evolution of economic indicators, such as the inflation rate over the same period, the approximate number of workers paid at the minimum wage level, extracts from reports of the inspection services, copies of official documents or studies addressing issues dealt with in the Convention, etc.