Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes with interest the information supplied by the Government in its report, in particular the adoption of the Minimum Wage Act, 2001 and the consequential amendment of the Agricultural Wages Act, 1952. Under the new legislation, the composition and powers of the Agricultural Wages Board remain unaltered and wage rates set by the Board are deemed to be the minimum wage for agricultural workers provided that they are not lower than rates prescribed under the Minimum Wage Regulations 2001.

Article 2 of the Convention. The Committee notes the information concerning the amounts which may be deducted for board and lodging and casual meals supplied to agricultural workers under the Agricultural Wages Regulations 2001 and the Agricultural Wages Board Order 2001, both effective from 1 November 2001. The Committee requests the Government to continue to provide relevant information regarding the conditions under which minimum wages may be paid partially in the form of benefits in kind as well as the measures to ensure the fair and reasonable valuation of those benefits.

Article 3, paragraphs 4 and 5. The Committee notes that existing legislation continues to provide for lower minimum rates of pay for young workers under 19 years of age. In this connection, the Committee wishes to refer to paragraph 176 of its General Survey of 1992 on minimum wages in which it concluded that the reasons that may prompt the adoption of lower minimum wage rates for groups of workers on account of their age should be regularly re-examined in the light of the principle of equal remuneration for work of equal value and also that remuneration levels should be determined on the basis of objective factors such as the quantity and quality of work performed. The Committee would therefore appreciate receiving additional information on this point, including, for instance, any recent studies and surveys addressing these issues and examining the advisability of pursuing a policy of minimum wage differentials on account of workers’ characteristics such as age.

Article 4, paragraph 1. The Committee notes that both under section 44(1) of the Minimum Wage Act 2001 and paragraph 4 of the second schedule of the Agricultural Wages Act 1952, orders and regulations in relation to minimum wages should be published by such means as appear to the issuing authority to be the most appropriate for informing the persons concerned. The Committee would be grateful if the Government could specify the measures to ensure that publicity is given to minimum wage rates, for example, through the publication of minimum wage rates in publications other than the official compilation of laws, the posting of notices in places where wages are paid or at the workplace, or by other means.

Article 5 and Part V of the report form. The Committee notes the minimum wage rates established by the Agricultural Wages Board Order 2001, effective from 1 November 2001, for full-time agricultural workers, regular part-time workers, casual workers, pre-college students and trainees. The Committee requests the Government to continue to supply up-to-date information on the application of the Convention in practice, including: (i) the evolution of the minimum wage rates; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the enforcement of minimum wage laws and regulations.