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Article 3, paragraph 2(2) and (3), of the Convention. Level of the minimum wage and participation of the social partners in the operation of minimum wage fixing machinery. The Committee notes the Government’s report and the attached copy of Decree No. 40/00 of 10 October 2000 issuing the statutes of the National Council of Social Dialogue (CNCS). The Committee also notes the information to the effect that the guaranteed national minimum wage was readjusted by Decree No. 98/05 of 28 October 2005 and raised to 5,850 kwanzas (approximately US$65 per month). In this regard, the Committee understands that in May 2006 the Council of Ministers decided to increase the national minimum wage by 10 per cent. The Committee requests the Government to provide a copy of the Decree fixing the current minimum wage level and to keep it informed of any developments in this respect. The Committee also asks the Government to provide further information on the exact role of the CNCS in the minimum wage fixing machinery and on how it ensures that the social partners participate and are consulted in a useful and effective manner; or, in other words, that workers’ and employers’ representatives really have the opportunity to express their opinions and that these opinions are given full and fair consideration.

Article 4. System of supervision and sanctions. Given that no response has been received in this respect, the Committee once again asks the Government to provide, in its next report, detailed information on the functioning of the inspection system which ensures the observance of the national minimum wage. The Committee also requests the Government to refer to its 2005 comments regarding the Labour Inspection Convention, 1947 (No. 81).

Article 5 and Part V of the report form. The Committee notes the information contained in the 2005 annual report drafted by the technical group to review fluctuations in the national minimum wage, which was set up by the National Council of Social Dialogue. The Committee requests the Government to continue providing information on the application of the Convention in practice, in particular statistics on the number of workers covered by the minimum wage, extracts from inspection service reports indicating the infringements reported and the penalties imposed, as well as any other official documents, such as CNCS studies, concerning the national minimum wage.

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The Committee takes note of the information provided by the Government in its report and the attached documentation.

Article 3, paragraph 2(2), of the Convention. The Committee notes the Government’s indications concerning the tripartite composition of the National Council of Social Dialogue and the equal representation (four representatives each) of employers’ and workers’ organizations in this advisory body. The Committee requests the Government to transmit, together with its next report, a copy of the legal instrument establishing the National Council of Social Dialogue and setting out its terms of reference.

Article 3, paragraph 2(3). The Committee notes that the current level of the national minimum wage has been fixed by Decree No. 34/03 of 20 June 2003 and is equivalent to US$50 per month. The Committee understands, however, that in June 2005, the National Council of Social Dialogue has considered the possibility of increasing the national minimum wage by 20 per cent in light of changes in the cost of living. To this end, the Council has recommended that a technical study be undertaken by a working group with a view to examining the repercussions of the minimum wage increase on economic growth and unemployment. The Committee requests the Government to keep it informed of further developments in this respect and to communicate full particulars, including copies of relevant legal texts, on any decision regarding the readjustment of the national minimum wage rate.

Article 4. The Committee notes that, under section 45 of Decree No. 11/03 of 11 March 2003, paying wages at less than the national minimum wage rate in contravention of the binding force of the national minimum wage set out in section 164(4) of the General Labour Law is a punishable offence and carries a monetary penalty of five to ten times the average wage paid in the employing enterprise. The Committee would appreciate receiving additional information on the functioning of the system of inspection which ensures the observance of the national minimum wage.

Article 5 and Part V of the report form. Further to its previous comments, the Committee would be grateful if the Government would make an effort to collect and communicate in its next report concrete information on the effect given to the Convention in practice, including, for instance, extracts from official reports or studies related to the national minimum wage, surveys, policy papers or other similar documents issued by the National Council of Social Dialogue, statistics on the number of workers covered by the relevant legislation or remunerated at the minimum wage rate, data on inspection visits and the results obtained in matters covered by the Convention, etc.

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The Committee takes note of the information provided by the Government in its report and the attached documentation.

Article 3, paragraph 2(2), of the Convention. Further to its previous comments referring to the absence of an institutionalized framework to ensure effective consultations with employers’ and workers’ organizations in determining the national minimum wage, the Committee notes with interest the information concerning the National Council of Social Dialogue and the proposals of its Working Party on the adjustment of the national minimum wage. According to the Government’s report, in November 2002, the Working Party concluded its study regarding the determination of a national minimum wage and suggested that a single national guaranteed minimum wage of an amount equivalent to US$50 per month should be fixed and that this amount should be regularly readjusted to reflect the evolution of the inflation rate in the country. The Committee requests the Government to provide in its next report additional information concerning the composition and terms of reference of the National Council of Social Dialogue and to specify the legal text by which this advisory body was established. It also asks the Government to keep it informed of any future developments in this regard, particularly as regards the equal representation of the employers and workers concerned in the operation of the minimum wage fixing machinery.

Article 3, paragraph 2(3). The Committee notes with interest the Government’s statement that the national minimum wage has been fixed at an amount in Angolan kwanzas equivalent to US$50 following the recommendation of the National Council of Social Dialogue. The Committee requests the Government to specify the statutory instrument establishing the minimum wage at its current level and to transmit a copy of that instrument.

Article 4. Further to its previous requests for detailed information on the system of supervision and sanctions ensuring the observance of the national legislation in respect of minimum wages, the Committee notes with interest the adoption by the Council of Ministers of Decree No. 11/03 of 11 March 2003 which prescribes the penalties for infringements of the provisions of the General Labour Law. The Committee notes, however, that this Decree does not provide for any specific sanctions in the case of offences relating to the binding force of the minimum wage. The Government is therefore requested to indicate whether according to the general labour legislation paying wages at less than the national minimum wage rate is a punishable offence, and if so, to specify the relevant provision(s) and forward copies of any text(s) which may not have been previously communicated. The Committee recalls, in this connection, that the Convention not only spells out the principle that minimum wages, once fixed, have the force of law and may not be subject to abatement, but requires also measures to ensure the recovery by judicial means of any amount by which workers may have been underpaid. The Committee asks the Government to keep it informed of any developments in this regard.

Article 5 of the Convention and Part V of the report form. The Committee notes that the Government has not provided in recent years any information on the practical application of the Convention. The Committee trusts that the Government will make an effort to collect and communicate in its next report concrete information on the effect given to the Convention in practice, including for instance extracts from official reports or studies related to minimum wage fixing, statistics on the number of workers covered by relevant legislation, data on inspection visits and the results obtained in matters covered by the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties encountered in fulfilling the commitments made by ratifying the Convention.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the information provided in the Government’s report, in particular the adoption of the new General Labour Law, Act No. 2/00 of 11 February 2000.

  Article 3, paragraph 2(2), of the Convention. The Committee notes that under section 168(1), (2) of the new General Labour Law, the national minimum wage is fixed periodically by decree of the Council of Ministers based upon a proposal of the Ministers of Labour and Finance and after consultation with the most representative organizations of workers and employers. The Committee also notes the Government’s statement that negotiations are currently under way between the social partners in connection with the national minimum wage. Recalling that as it has indicated in the 1992 General Survey on minimum wages, consultation has a different connotation from mere "information" and from "co-determination", the Committee urges the Government to take all necessary measures to effectively put into practice, if possible within an institutionalized framework, the consultation procedure referred to in section 168(2) of the General Labour Law. Moreover, the Committee requests the Government to adopt such necessary legislative or regulatory provisions to guarantee the participation in equal number and equal terms of the employers’ and workers’ representatives in the operation of the minimum wage fixing machinery, as set forth under this Article of the Convention.

  Articles 3, paragraph 2(3), and 4. In the absence of reply on this point, the Committee is bound to reiterate its request for a copy of the latest decree fixing the national minimum wage, and detailed information on the system of supervision and sanctions which ensures the observance of such minimum wage.

  Article 5 of the Convention and Part V of the report form. The Committee asks the Government to provide detailed information on the practical application of the Convention, including any available statistics on the number and different categories of workers subject to laws and regulations on minimum wage rates, inspection results indicating the number and nature of infringements observed and penalties imposed and any other information bearing on the practical functioning of the minimum wage fixing machinery in accordance with the requirements of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the information provided in the Government’s report, in particular the adoption of the new General Labour Law, Act No. 2/00 of 11 February 2000.

Article 3, paragraph 2(2), of the Convention. The Committee notes that under section 168(1), (2) of the new General Labour Law, the national minimum wage is fixed periodically by decree of the Council of Ministers based upon a proposal of the Ministers of Labour and Finance and after consultation with the most representative organizations of workers and employers. The Committee also notes the Government’s statement that negotiations are currently under way between the social partners in connection with the national minimum wage. Recalling that as it has indicated in the 1992 General Survey on minimum wages, consultation has a different connotation from mere "information" and from "co-determination", the Committee urges the Government to take all necessary measures to effectively put into practice, if possible within an institutionalized framework, the consultation procedure referred to in section 168(2) of the General Labour Law. Moreover, the Committee requests the Government to adopt such necessary legislative or regulatory provisions to guarantee the participation in equal number and equal terms of the employers’ and workers’ representatives in the operation of the minimum wage-fixing machinery, as set forth under this Article of the Convention.

Articles 3, paragraph 2(3), and 4. In the absence of reply on this point, the Committee is bound to reiterate its request for a copy of the latest decree fixing the national minimum wage, and detailed information on the system of supervision and sanctions which ensures the observance of such minimum wage.

Article 5 of the Convention and Part V of the report form. The Committee asks the Government to provide detailed information on the practical application of the Convention, including any available statistics on the number and different categories of workers subject to laws and regulations on minimum wage rates, inspection results indicating the number and nature of infringements observed and penalties imposed and any other information bearing on the practical functioning of the minimum wage-fixing machinery in accordance with the requirements of the Convention.

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The Committee takes note of the succinct information provided by the Government in its report.

Article 3, paragraph 2(2), of the Convention. Further to its previous comments, the Committee notes that the Government reiterates that salaries are fixed by an administrative procedure, which seems to imply that there is no minimum wage fixed on the basis of consultations with social partners. The Committee recalls that in the observation of 1998 it mentioned that, since 1989, the national system of fixing minimum wages is inadequate, particularly in practice, which prevents the national system of fixing minimum wages from conforming with the provisions of the Convention. Thus, the Committee has requested the Government to take the necessary measures to ensure the participation, in equal number and on equal terms, of employers' and workers' representatives in the system of fixing minimum wages.

Article 3, paragraph 2(3), and Article 4. The Committee also notes with regret that no response is supplied by the Government in its report to its comments requesting a copy of the most recent Decree fixing the minimum wage, and information on the relevant legislative provisions or regulations which ensure the observance of the minimum wage, such as: the possibility of recovering, by judicial or legal proceedings, the amount by which the workers have been underpaid in the event that the wage rate received is less than the minimum wage, as well as the sanctions provided for in the eventual infringement of the provisions concerning the minimum wage.

The Committee cannot but hope once more that the Government will provide information on the measures taken to ensure that national legislation and practice are consistent with its commitments made by ratifying the Convention.

[The Government is asked to report in detail in 2000.]

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The Committee notes the information contained in the Government's report in response to its previous comments.

Article 3, paragraph 2(2), of the Convention. In its previous comments, the Committee noted the Government's statement to the effect that the practice of full consultation between the social partners has not been established and wage negotiations between workers and employers have only been held following strikes or the threat thereof. The Government has fixed a minimum wage level equivalent to US$20 in readjusted Kwanzas and the Committee requests the Government to shortly take the appropriate measures to ensure the participation, in equal numbers and on equal terms, of employers' and workers' representatives in the system of fixing minimum wages.

The Government indicates, in its report, that there is no minimum wage fixed on the basis of consultations with social partners. It also states that wages are currently fixed administratively, but that negotiation is under way between the Government and social partners, employers and workers, with a view to fixing the minimum wage.

The Committee notes that since 1989, the national system of fixing minimum wages is inadequate, particularly in practice, which prevents the national system of fixing minimum wages from conforming with the provisions of the Convention. The Committee recalls that the provisions of the Convention require consultation with the organizations of the employers and the workers concerned prior to the fixing of the minimum wage rate. The Committee hopes that the Government will not fail to take the necessary measures in the near future to ensure the participation, in equal number and on equal terms, of employers' and workers' representatives in the system of fixing minimum wages.

Article 3, paragraph 2(3), and Article 4. The Committee hopes that the Government will shortly provide a copy of the most recent Decree fixing the minimum wage, and indicate the relevant legislative provisions or regulations which ensure the observance of the minimum wage, such as: the possibility of recovering, by judicial or legalized proceedings, the amount by which the workers have been underpaid in the event that the wage rate received is less than the minimum wage, as well as the sanctions envisaged in the event of infringement of the provisions concerning the minimum wage.

[The Government is asked to report in detail in 1999.]

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

Article 3, paragraph 2(2), of the Convention. The Committee notes the information provided by the Government according to which the practice of full consultation between the social partners has not been established and wage negotiations between workers and employers have only been held following strikes or the threat thereof. The Government has fixed a minimum wage level equivalent to US$20 in readjusted kwanzas.

The Committee recalls that the provisions of the Convention require consultations with the employers' and workers' organizations concerned prior to the fixing of minimum wage rates. It hopes that the Government will soon take appropriate measures guaranteeing the participation, in equal numbers and on an equal footing, of employers' and workers' representatives in the system of fixing minimum wages.

Article 3, paragraph 2(3), and Article 4. The Committee hopes that the Government will soon provide a copy of the latest decree fixing the minimum wage level, and specify the relevant legislative or regulatory provisions used to guarantee respect for these levels, such as the possibilities of recovering, by legal, judicial or other means, the amount due to workers who appear to have received wages lower than at the minimum wage rate, together with the penalties provided for in case of infringement of the provisions relating to minimum wages.

Point V of the report form. The Committee would be grateful to the Government if it would provide information on the application of the Convention in practice: (i) by providing, as far as possible, the statistics available on the number and different categories of workers subject to the regulations on minimum wage rates; and (ii) by indicating for example the results of the inspections made, the cases of infringements recorded and the penalties imposed.

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The Committee notes the information provided in the Government's reports on various decrees concerning the national minimum wage and other wage matters. It notes that while reference is made to Joint Decree No. 30-C/92 of the Ministries of Finance and of Labour and Social Security, of 15 May 1992, concerning the minimum wage, the copy attached to the report is that of Decree No. 30/92 on a different subject. The Committee would be grateful to the Government for supplying a copy of Joint Decree No. 30-C/92 or of any subsequent Decree fixing the minimum wage.

Article 3, paragraph 2(2), of the Convention. The Committee notes the Government's indication that the system of consultations referred to in this provision suffers shortcomings from the lack of laws regarding trade unions and collective bargaining. It requests the Government to indicate any measures taken or contemplated to enable employers' representatives to participate in the system of minimum wage fixing in equal numbers and on equal terms with workers' representatives.

Article 3, paragraph 2(3), and Article 4. Noting the Government's statement in the report that the above-mentioned Joint Decree fixes a compulsory minimum wage, the Committee requests the Government to specify how a breach of the minimum wage by an individual agreement would be rectified, and what sanction is provided for the infringement, referring to specific provisions of legislation concerned.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee took note of the information concerning the measures taken to make known the wage scales (1981-86) and the number of workers covered by the minimum wage-fixing system. It requests the Government to continue to supply information on the operation of the wages system and particularly on the wage rates fixed.

Article 3 of the Convention. The Committee notes that section 6 of Decree No. 86/81 of 26 October 1981 establishes committees at the work centre (enterprise) level and at provincial and national levels to apply the wage scale issued by Act No. 8/81 of the same date. The Committee notes that under sections 8 and 9 of the above Decree, the provincial committees coordinated by the provincial Commissioner are composed of representatives of the Ministry of Labour and Social Security, the Ministry of Finance and the National Union of Angolan Workers, and that the national committee coordinated by the Minister of Labour and Social Security is composed of representatives of the Ministries of Planning, Labour and Social Security, and Finance and of representatives of the National Union of Angolan Workers.

The Committee notes that, under section 1 of the Act and section 10 of the Decree, the wages system applies to State, mixed, private and cooperative bodies and enterprises, and requests the Government to state the measures taken or contemplated to enable employers' representatives in the mixed, private or cooperative sectors to be consulted and to participate in equal numbers and on equal terms with workers' representatives, in accordance with the provisions of Article 3, paragraph 2, of the Convention.

Article 3, paragraph 2(3), and Article 4. The Committee notes that no provision indicates that the minimum wage rates fixed by the system are compulsory for the employers and workers concerned. It also notes that under section 166 of the Labour Act (No. 6/81) any breach of the provisions of the Act is subject to a fine to be determined by Decree. It requests the Government to indicate the measures taken or under consideration to prescribe a sanction for infringements of the wage rates fixed by law.

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With reference to its previous comments, the Committee takes note of the information provided by the Government concerning the measures it has taken to make known the wage scales (1981-86) and the number of workers covered by the minimum wage-fixing system. It requests the Government to continue to supply information on the operation of the wages system and particularly on the wage rates fixed.

Article 3 of the Convention. The Committee notes that section 6 of Decree No. 86/81 of 26 October 1981 establishes committees at the work centre (enterprise) level and at provincial and national levels to apply the wage scale issued by Act No. 8/81 of the same date. The Committee notes that under sections 8 and 9 of the above Decree, the provincial committees co-ordinated by the provincial Commissioner are composed of representatives of the Ministry of Labour and Social Security, the Ministry of Finance and the National Union of Angolan Workers, and that the national committee co-ordinated by the Minister of Labour and Social Security is composed of representatives of the Ministries of Planning, Labour and Social Security, and Finance and of representatives of the National Union of Angolan Workers.

The Committee notes that, under section 1 of the Act and section 10 of the Decree, the wages system applies to State, mixed, private and co-operative bodies and enterprises, and requests the Government to state the measures taken or contemplated to enable employers' representatives in the mixed, private or co-operative sectors to be consulted and to participate in equal numbers and on equal terms with workers' representatives, in accordance with the provisions of Article 3, paragraph 2, of the Convention.

Article 3, paragraph 2(3), and Article 4. The Committee notes that no provision indicates that the minimum wage rates fixed by the system are compulsory for the employers and workers concerned. It also notes that under section 166 of the Labour Act (No. 6/81) any breach of the provisions of the Act is subject to a fine to be determined by Decree. It requests the Government to indicate the measures taken or under consideration to prescribe a sanction for infringements of the wage rates fixed by law.