Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee takes note of the information provided by the Government in its report and the attached documentation.

Article 3, paragraph 2(2), of the Convention. The Committee notes the Government’s indications concerning the tripartite composition of the National Council of Social Dialogue and the equal representation (four representatives each) of employers’ and workers’ organizations in this advisory body. The Committee requests the Government to transmit, together with its next report, a copy of the legal instrument establishing the National Council of Social Dialogue and setting out its terms of reference.

Article 3, paragraph 2(3). The Committee notes that the current level of the national minimum wage has been fixed by Decree No. 34/03 of 20 June 2003 and is equivalent to US$50 per month. The Committee understands, however, that in June 2005, the National Council of Social Dialogue has considered the possibility of increasing the national minimum wage by 20 per cent in light of changes in the cost of living. To this end, the Council has recommended that a technical study be undertaken by a working group with a view to examining the repercussions of the minimum wage increase on economic growth and unemployment. The Committee requests the Government to keep it informed of further developments in this respect and to communicate full particulars, including copies of relevant legal texts, on any decision regarding the readjustment of the national minimum wage rate.

Article 4. The Committee notes that, under section 45 of Decree No. 11/03 of 11 March 2003, paying wages at less than the national minimum wage rate in contravention of the binding force of the national minimum wage set out in section 164(4) of the General Labour Law is a punishable offence and carries a monetary penalty of five to ten times the average wage paid in the employing enterprise. The Committee would appreciate receiving additional information on the functioning of the system of inspection which ensures the observance of the national minimum wage.

Article 5 and Part V of the report form. Further to its previous comments, the Committee would be grateful if the Government would make an effort to collect and communicate in its next report concrete information on the effect given to the Convention in practice, including, for instance, extracts from official reports or studies related to the national minimum wage, surveys, policy papers or other similar documents issued by the National Council of Social Dialogue, statistics on the number of workers covered by the relevant legislation or remunerated at the minimum wage rate, data on inspection visits and the results obtained in matters covered by the Convention, etc.