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

The Committee notes the Government’s report and the attached documentation furnished in response to its previous comments.

Article 3 of the Convention. The Committee notes with satisfaction that the new Labour Code of 2001 no longer provides for lower minimum wage rates in case of non-fulfilment of production quotas or non-compliance with quality standards. It also notes that under section 80(1) of the new Labour Code, even in the case of permissible wage deductions for improper performance or losses caused to an employer, the minimum monthly salary must be maintained for the employee. As the Committee has pointed out on several occasions, factors such as the quantity and the quality of the work performed by the individual worker, while appropriate elements in the determination of his/her actual remuneration, should not affect the right to payment of a minimum wage, which should be a guarantee of a just remuneration in return for work duly performed during a stated period.

In addition, the Committee notes the Government’s indication that in accordance with Regulation No. 580 of the Cabinet of Ministers of 27 December 2002 the minimum monthly and hourly wage rates are currently fixed at 70 and 0.419 lats, respectively, but that these rates do not correspond to the level necessary for ensuring minimum living conditions. The Government adds that in 2001 the national minimum wage amounted to 63.3 per cent of the subsistence level calculated by the Central Statistical Bureau and that 93,800 workers, or 16 per cent of the total working population, are estimated to receive a gross monthly salary at the level of the minimum wage. In this connection, the Committee is obliged to recall that the principal objective of a minimum wage system is to contribute to the eradication of poverty by ensuring a decent standard of living for all working people and their families and that consequently a minimum wage which manifestly fails to cover such basic needs as housing, food, education, health or social security, scarcely serves as an adequate tool of social protection. The Committee trusts that the Government, in consultation with its social partners, will make every effort to ensure that minimum wage increases adequately reflect the needs of workers and their families, for instance by maintaining their purchasing power in relation to a basic basket of essential consumer goods and requests the Government to continue to provide up-to-date information on the evolution of minimum wage rates as compared to the evolution of other indicators such as the average subsistence level or the inflation rate.

Article 4. Further to its previous request on this point, the Committee takes due note of the Regulation of 30 October 1998 on the National Tripartite Cooperation Council, section 6 of which provides for the equal representation of employers and workers. The Committee would appreciate receiving additional information on the operation of the Council, for instance copies of its annual reports or any recent studies on issues relating to fixing or adjusting minimum wages.

Article 5 and Part V of the report form. The Committee notes the adoption of the State Labour Inspection Act of 13 December 2001 and Regulation No. 158 of the Cabinet of Ministers dated 16 April 2002 on state labour inspection. It also notes the statistical information regarding the number of cases investigated and wage-related infringements observed in 2001. The Committee requests the Government to transmit a copy of the above regulations and to continue to provide all available information concerning the application of the Convention in practice, including, for instance, information on the number and coverage of collective agreements setting minimum wage levels, the number and different categories of workers subject to minimum wage legislation, labour inspection results and any other particulars bearing on the operation of the minimum wage fixing machinery.