Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the information supplied in the Government's first report. It requests the Government to provide further information on the following points.

Article 1, paragraphs 1, 2 and 3, of the Convention. The Committee notes that article 2 of the Act on Wages, 1991, provides that "The State shall establish a minimum hourly wage (minimum monthly salary)", and that "An employee's hourly (monthly) wage may not be less than the one established by laws". The Committee also notes the Government's indication that these provisions are binding to all employees working according to employment contracts in enterprises, institutions and organizations, irrespective of their forms of ownership.

The Committee requests the Government to indicate if all categories or groups of workers are covered by the minimum wage provisions and, if not, to specify which of them are not covered by these provisions, and the reasons why. It also requests the Government to specify to what extent the representative organizations of employers and workers concerned, where such exist, have been consulted in the determination of the groups of wage-earners to be covered by the minimum wage system.

Article 4. The Committee notes the Government's indication that the Minimum Monthly Wages (MMW) are maintained and revised, and that, in accordance with section 2 of the Act on Collective Agreements and Collective Contracts, wages, including the minimum wages (in any case, not to be lower than the MMW specified by law) can be fixed or revised by a collective agreement. It also notes that, according to the Government, workers and employers' organizations may, through the Meeting Protocol of the Tripartite Commission, take part in the establishment of the Minimum Monthly Wages.

The Committee requests the Government: (i) to specify to what extent the representatives of employers' and workers' organizations or, of employers and workers concerned, have been consulted in the establishment, operation and revision of the minimum wage fixing machinery; (ii) to provide further information on the composition of the Tripartite Commission, including its Meeting Protocol; and (iii) to indicate, as the case may be, how the direct and equal participation of employers' and workers' organizations or employers' and workers' representatives is ensured in the operation of the minimum wage fixing machinery.

Point IV of the report form. The Committee requests the Government to indicate whether decisions have been taken by judicial or other bodies involving questions of principle relating to the application of the Convention and, if so, to supply copies of them.

Point V of the report form. The Committee notes the Government's reference to the State Labour Inspectorate's report on "The observance of the Laws on Labour Protection and Labour and other Standards Acts in Enterprises in 1996". According to this report, violations in respect of wages payment, including failure to meet the obligatory conditions of the employment contract, concealment of wages have been disclosed in more than one of the enterprises which have been inspected. Moreover, during the operations against illegal work, penalties amounting to 171.5 Litas have been imposed on 796 persons, including 722 employers, for the violations of the Laws on Employment Contract, 1991, and the Act on Wages, 1991. At last, according to the Government, sanctions for violations of labour laws have been increased up to 10,000 Litas as from 8 May 1996, and they should be increased again in future in the framework of projects to amend and supplement the appropriate articles of the Code of Administrative Violations of Law. However, the Government notes that violations of labour laws have been found to be less in enterprises in which trade unions operate.

The Committee requests the Government: (i) to provide information on the projects to increase the sanctions for the violation of labour laws, in particular violations of laws on minimum wages; and (ii) to continue to provide information required by these provisions of the Convention.