Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 1, paragraph 1, of the Convention. Amount and coverage of the minimum wage. The Committee notes with interest that the adjustment of the minimum wage (SMIC) on 1 July 2005, under the terms of Act No. 2003-47 of 17 January 2003 respecting wages, working time and employment development, was characterized by the disappearance of the various monthly wage guarantees and by the return of a single SMIC. It further notes that, since 1 July 2006, the rate of the SMIC has been 8.27 euros an hour, or a gross monthly wage of 1,254.28 euros calculated on the basis of a 35 hour week.

The Committee further notes with satisfaction that, under the terms of Act No. 2005-102 of 11 February 2005 respecting equality of rights and opportunities, participation and citizenship for persons with disabilities, which amended section L.323-6 of the Labour Code, it has no longer been possible since 1 January 2006 to apply a reduction to the wages of workers with disabilities where their professional performance is significantly diminished. Their wages, which cannot be lower than wages resulting from the application of the provisions of laws and regulations (and therefore the SMIC) or the applicable collective labour agreement, is henceforth calculated under the conditions set out in the general law.

With regard to young workers, the Committee notes the Government’s indication in reply to its previous comment that section R.141-1 of the Labour Code, which provides for a reduction in the SMIC for workers under 18 years of age, is based on a temporary assumption of the lower productivity of these workers in relation to that of adults. In this respect, it notes that, under the terms of the second subsection of section R.141-1, the reduction is abolished for young workers with six months’ professional experience in the branch of activity and that, according to the information provided by the Government, following the six-month period, the work undertaken by young workers is presumed to be of equal value to that of an adult. The Committee further notes that, according to a study conducted by the Ministry of Labour in 2002, a total of 30 per cent of employed persons under 25 years of age were paid the SMIC, compared with 13 per cent of employed persons aged 25 years and above, and that this over-representation can be explained in part by their lack of professional experience. However, according to this study, employees under 25 years of age are also affected in greater numbers by unemployment (22.3 per cent of the 15–24 year olds in 2005), and the risk of job loss is higher for beginners, particularly where they have no or few qualifications. Finally, the Committee notes that, in view of this context, the Government considers that the retention of the reduced level of the SMIC for workers under 18 years of age has the objective of facilitating their integration into the world of work taking into account their lack of professional experience. The Committee trusts that the Government will continue to ascertain periodically whether the circumstances which have prompted the maintenance of minimum wages that are lower for workers under 18 years of age still persist and that it will inform it of any measure that it may take in this respect.

Article 2. Prohibition of the abatement of minimum wages. The Committee notes that, according to information published in August 2005 in the European Industrial Relations Review, a study by the Ministry of Employment showed that in 37 of the 74 principle sectors, the minimum wage rates are lower than the SMIC, and that around 8 million persons are affected, or half of the workers in the private sector. It notes that, in cases where the sectoral minimum wage is lower than the SMIC, the latter is paid to workers, but that the lower wage is used as basis for calculating certain bonuses, such as seniority bonuses. The Committee requests the Government to provide a copy of the study carried out by the Ministry of Employment and to provide fuller information on sectoral minimum wages that are lower than the SMIC. It also notes that in the wages subcommittee (which includes organizations representing employers and employees) on 18 March 2005, the Ministry of Labour called for a monitoring operation to follow the situation in each of the 274 industrial branches and, based on this examination, that the branches that were furthest behind in terms of bargaining and bringing wages into conformity with the SMIC should be invited to open negotiations. It notes that, according to the indications provided by the Government in its report, the number of branches where wage bargaining was behind schedule was 84 in 2005, but no greater than 23 in June 2006. Finally, the Committee notes that this operation has been made permanent through the establishment of a monitoring committee in October 2006 and the extension of its scope to cover branches with fewer than 5,000 salaried employees. The Committee requests the Government to provide additional information on the action taken with a view to reducing the number of branches in which wage negotiations are behind schedule, and on the activities of the monitoring committee established in October 2006.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services containing indications on the number and nature of the infringements reported of the minimum wage legislation, and on the measures adopted to remedy them.