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

The Committee has been requesting the Government for a number of years to provide concrete information on the operation of the minimum wage fixing machinery, especially as regards the participation of the social partners, the periodicity of adjustment of minimum wages and the criteria used for such adjustment. The Committee regrets that the information, which has so far been received in response, is not always clear or relevant. It therefore urges the Government to indicate in its next report the measures taken to give full effect both in law and practice to the provisions of the Convention.

Article 3 of the Convention. The Committee notes that, according to the Government’s report, the level of minimum wages is determined on the basis of regular studies relating to the standard of living which are undertaken by the General Authority of Information, Certification and Communication. The Government indicates that the needs of the workers and their families are duly taken into account and refers to the subsidizing of food products, the granting of a housing allowance, and the free education and medical care, as being factors which are also considered in the process of minimum wage fixing. The Committee requests the Government to specify the legal provisions setting out the social and economic parameters according to which minimum wage rates are periodically adjusted. Moreover, the Committee requests the Government to provide additional information on the composition of the General Authority of Information, Certification and Communication and its mandate in matters related to minimum wage fixing, and also to communicate a copy of its most recent study which served for the last revision of the minimum wage.

Article 4. The Committee notes the Government’s general reference to the Wages Advisory Board and its terms of reference, as laid down in section 108 of the Labour Code of 1970. The Committee asks the Government to indicate whether the Wages Advisory Board has effectively been set up and functioning and, if so, to communicate a copy of the ministerial order which prescribes the functions and procedure of the Board, the periodicity of its meetings, the method of adopting recommendations, the method of appointment and number of workers’ and employers’ members and the duration of the members’ term of office. Moreover, the Committee would be interested in eventually receiving documented information on the Board’s current composition and its most recent recommendations in matters related to wage policy and minimum wage levels.

Article 5 and Part V of the report form. The Committee notes that, according to the Government’s report, many cases of violations of the minimum wage have been detected in a number of workplaces and corrective action has been undertaken. The Committee requests the Government to provide up-to-date information concerning the practical application of the Convention, including the approximate number of workers earning the minimum wage, extracts from inspection reports showing the number of infringements observed and penalties imposed, etc. Finally, the Committee asks the Government to specify whether the minimum wage currently in force is of general application or whether minimum wage rates vary according to geographical region or occupation and to transmit copies of all relevant texts.