Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

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.]