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

The Committee takes due note of the Government’s detailed report and attached documentation.

Article 3, paragraph 2(2), of the Convention. The Committee has been commenting for several years on the absence of a legislative provision guaranteeing to employers’ and workers’ organizations the opportunity to participate in equal numbers and on equal terms in the operation of the National Remuneration Board which is the independent advisory body responsible for fixing minimum wage rates and prescribing conditions of employment for any particular industry. In its reply, the Government reiterates that it is considering draft amendments to the Industrial Relations Act which ensure participation on equal footing of employers and workers concerned in the functioning of the minimum wage fixing machinery. In addition, the Government indicates that, based on a commissioned study of the existing legal, regulatory and institutional framework governing wage determination, a series of recommendations have been formulated and are now being considered by the National Economic and Social Council, including the phasing out of bodies such as the National Remuneration Board, the Pay Research Bureau and the Tripartite Committee and the setting up of a tripartite National Wages Council (NWC) with advisory functions on all aspects of labour remuneration. In this connection, the Committee wishes to stress that, whatever institutional reforms may finally be decided in respect of the wage determination system, measures should be taken to give effect to the key requirements of direct participation and full consultation of the employers and workers concerned as set out in this Article of the Convention. The Committee once again expresses the firm hope that the Government will take prompt action in the light of the above comments to bring its legislation into full conformity with the Convention. It asks the Government to keep it informed of any developments in this regard.

Article 3, paragraph 2(3). Further to its previous comments concerning the provisions of certain remuneration orders which explicitly discriminate against female workers by prescribing different basic wages on the basis of gender, the Committee notes with interest the explanations provided by the Government regarding the steps taken with a view to amending existing regulations which contain differential pay rates for men and women, and more generally, promoting equality of opportunity and treatment in employment and occupation. It also welcomes the information that the Government, with the technical assistance of the International Labour Office, intends to conduct job evaluation and reclassification in order to eliminate sex-based wage rates and also that procedures have been initiated for the ratification of Conventions Nos. 100 and 111. The Committee trusts that the Government will soon be in a position to report the effective revision of all statutory instruments providing for lower minimum wage rates on account of the workers’ sex.

Regarding the question of minimum wages for young workers, the Government indicates that the Messengers (Remuneration Order) Regulations 1983 have been repealed and replaced by the Office Attendants (Remuneration Order) Regulations which establish wage rates without any specification of age and that the same principle will be applied by the National Remuneration Board in reviewing other remuneration order regulations. The Committee notes this information and asks the Government to provide information on any developments in this respect.

Article 5 in conjunction with Part V of the report form. The Committee notes that, according to statistical information provided by the Government in 2002, a total of 342,430 employees were covered by 29 different remuneration order regulations. It also notes the data regarding the number of inspections carried out and judicial proceedings initiated for failure to comply with provisions of remuneration orders in the period from June 2000 to May 2002. The Committee would appreciate if the Government would continue to provide up-to-date information on the practical application of the Convention.

[The Government is asked to report in detail in 2004.]