Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report and wishes to draw its attention to the following points.

Article 3, paragraphs 2 and 3, of the Convention. The Committee recalls its previous comments in which it requested the Government to indicate the legal provisions which ensured the participation in the determination of the minimum wage of occupational associations of workers and employers in equal numbers and on equal terms. In its reply, the Government refers to section 39 of Act No. 90-14 of 2 June 1990, as amended, on the modalities of the exercise of union rights. The Committee notes, however, that although this provision concerns the tripartite composition of different consultative bodies, it is not directly relevant to the Convention as it makes no reference to a minimum wage fixing machinery. The Committee therefore asks, once more, the Government to provide further clarification on this point, in particular, as regards the institutional framework, if any, and the practical arrangements for tripartite consultation with a view to fixing the national minimum guaranteed wage (SNMG).

Article 4, paragraph 1, and Part V of the report form. The Committee notes the Government’s indication that the maximum fine provided for infringement of the national minimum wage has been raised from 2,000 dinar to 5,000 dinar (approximately US$68.4). It also notes that, by Presidential Decree No. 03-467 of 2 December 2003, the SNMG has been increased to 10,000 dinar per month as from 1 January 2004. As the Committee observed in its previous comment, the pecuniary sanctions for paying wages at sub-minimum rate may not be sufficiently dissuasive especially if they are not adjusted proportionately with the periodic increases of the national minimum wage. The Committee considers that a monetary fine that represents only a small fraction of the amount of the wages due is unlikely to prevent abuses in respect of workers’ wages and ensure compliance with the minimum wage legislation.

Finally, the Committee would be grateful if the Government would continue providing information on the practical application of the Convention, including, for instance, statistics on the number of agricultural workers remunerated at the SNMG rate, or the evolution of the national minimum wage in recent years as compared to the evolution of economic indicators, such as the inflation rate, in the same period, extracts from inspection reports and any other particulars which would enable the Committee to better assess the progress achieved or the difficulties encountered in the application of the Convention.