Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 4, paragraphs 2 and 3, of the Convention. Full consultation and direct participation of the social partners in the establishment and operation of the minimum wage fixing machinery. The Committee notes the comments made by the International Organisation of Employers (IOE) dated 30 August 2009. The IOE indicates that a new constitutional text was drawn up and adopted by referendum on 28 September 2008 without the effective participation of the main actors in the world of work, which prevented an objective analysis of the matters to be regulated at the constitutional level. The IOE adds that section 328(2), as well as Transitional Provision No. 25 of the new constitutional text, which provide for the annual revision of the minimum wage on a gradual basis in order to cover the cost of the shopping basket (canasta familiar), do not take into account the direct participation of the employers and workers concerned, as required by this provision of the Convention. The Committee requests the Government to provide its comments in reply to the observations submitted by the IOE.

Furthermore, referring to its previous observation concerning the minimum wage rate currently in force and its ability to offer workers a decent standard of living, the Committee hopes that the Government will take all the necessary steps to ensure the application of sufficient minimum wage rates to enable workers to meet their essential needs and those of their families, and once again requests it to provide a copy of the legal text establishing this rate and to provide detailed information on the consultations held within the National Wage Council (CONADES).