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

The Committee notes the information provided by the Government in reply to its previous comments.

Article 2 of the Convention. Partial payment of minimum wages in kind. Further to its previous comment on this point, the Committee notes that the Employment Relations Bill, which is currently under consideration and which is expected to replace the Industrial Relations Act (Act No. 67 of 1973, as amended), makes no provision for the possibility of providing specified benefits or advantages in lieu of payment in cash. Based also on the information provided by the Government under Convention No. 95, the Committee understands that the partial payment of wages in the form of allowances in kind is no longer relevant in either law or practice. The Committee requests the Government to provide further clarification in this regard.

Article 3, paragraph 5. Sub-minimum wage rates. The Committee notes the Government’s indication that 18 special permits have been granted between June 2004 and May 2007 authorizing infirm or physically incapacitated persons to be remunerated at less than the statutory minimum pay rate. The Committee understands that the abovementioned Employment Relations Bill reproduces essentially the same provisions allowing for the payment of sub-minimum wages to disabled persons under exceptional circumstances. The Committee hopes that the situation with regard to special permits is strictly monitored to ensure that the overriding principle of equal remuneration for work of equal value is fully respected while protecting employment opportunities of physically or mentally handicapped workers. It would appreciate receiving more detailed information on the conditions and procedural safeguards accompanying the issuance of such special permits.

Article 5 in conjunction with Part V of the report form. The Committee notes the statistical information contained in the Government’s report concerning the number of inspection visits carried out in the sugar, tea, field crop and orchard, and livestock sectors and the amount of wage money recovered between June 2004 and May 2007. It also notes that at present 28,500 agricultural workers are covered by minimum wage regulations. The Committee requests the Government to continue transmitting up to date information concerning the manner in which the Convention is applied in practice.

In addition, the Committee refers to the comments made under Convention No. 26.