Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 1, paragraph 1, of the Convention. Coverage of minimum wage fixing machinery. The Committee notes the Government’s succinct statement that efforts are being made for the revision of the National Minimum Wage Act of 1981. The Committee would appreciate receiving a detailed account of the objectives, content and progress of the efforts towards legislative change. The Committee hopes that, in pursuing such revision, the Government will take into consideration the Committee’s previous comments, especially as regards the possible extension of the scope of application of the Minimum Wage Act in order to cover establishments employing less than 50 workers, part-time workers, seasonal workers, workers paid on commission or on piece-rate basis and all those who are most in need of minimum wage protection. It asks the Government to communicate full particulars on any progress made in this regard.

Article 3, paragraph 2(2). Equitable representation of employers’ and workers’ organizations. The Committee recalls that in its previous report the Government had indicated that an ad hoc tripartite committee on the national minimum wage was set up in 2000 and that a new minimum wage was fixed at 5,500 nairas (approximately US$47) per month. The Committee had requested in this respect additional information on the composition and terms of reference of that tripartite consultative body. In the absence of any reply on this point, the Committee asks the Government to indicate: (i) whether the ad hoc committee is still in operation and, if so, to transmit further details on its mandate and functioning; (ii) whether another institutional framework has been established or contemplated for carrying out the necessary consultations with employers’ and workers’ organizations for the review and adjustment of the national minimum wage.

Article 5 and Part V of the report form. The Committee notes that for over 25 years the Government has not provided any information on the practical application of the Convention. It therefore requests the Government to provide up to date and documented information in this regard, including, for instance, the national minimum wage currently in force, the approximate number of workers remunerated at the minimum pay rate, statistics on the evolution of economic indicators such as the inflation rate as compared to the evolution of the minimum pay rate in recent years, copies of collective agreements fixing minimum wages for specific sectors or branches of economic activity, inspection results showing the number and nature of contraventions of the relevant legislation observed and sanctions imposed, copies of official studies or reports relating to wage policy, etc.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.