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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) together.

Minimum wage

Article 4 of Conventions Nos 26 and 99. Supervision and sanctions. With reference to its previous comments, the Committee notes the Government’s information in its report that, with the entry into force of the adjustment of the minimum wage through Decree No. 7270 of 2022, a communication and dissemination campaign was launched. The Committee notes that the information prepared by the Ministry of Labour, Employment and Social Security (MTESS) contained details on sectoral minimum wages and on which authorities to consult in cases of violation of the provisions on minimum wages. The Committee also notes the Government’s indication that: (i) the Labour Department of the MTESS has handled complaints from more than 560 informal workers since 2019, demanding an adjustment to the current minimum wage; and (ii) report No. 07/2023 of the Department of Inspection for Labour and Occupational Safety of the MTESS sets out that, as part of the labour inspection procedures, compliance with the current minimum wage is monitored by checking payslips with the date of the inspection against the total number of workers in the enterprise.
With regard to the agricultural sector, the Government indicates that thorough inspections have been carried out in rural workplaces in Chaco and refers, specifically, to memorandum No. 306/2023 of 9 June 2023 of the Department of Inspection and Monitoring, setting out the inspection procedures for workplaces located in Chaco Paraguayo. From the memorandum, the Committee notes that 13 inspections were conducted, five of which concluded with reports of infringements, including failure to comply with the minimum wage. The Committee once again requests the Government to provide information on the cases dealt with by the individual and collective dispute settlement services relating to the minimum wage, including the number of cases, the problems reported and the results achieved. The Committee also requests the Government to provide information on the measures adopted or envisaged to ensure payment of the minimum wage, including data on the number of inspections conducted, number of workers involved, infringements detected and penalties imposed, in particular with regard to the agricultural sector. The Committee also refers to its comments on the application of the Labour Inspection Convention, 1947 (No. 81).

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and 95 (protection of wages) in a single comment.

Minimum wage

Articles 1 and 3(1) and (2)(1) and (2), of Convention No. 26, and Articles 1 and 3(1), (2) and (3) of Convention No. 99. Scope of application. Minimum wage-fixing machinery. In its previous comments, the Committee requested the Government to provide additional information on the reform process of the minimum wage policy and any results achieved. The Committee notes the Government’s indication in its report that, following consultations with the social partners, the minimum wage-fixing machinery was reformed through the adoption of Act No. 5764 of 29 November 2016, which amended section 255 and repealed section 256 of the Labour Code. The Committee notes that: (i) section 255 of the Labour Code provides that the examination of the adjustment of the minimum wage shall be undertaken by the executive authorities upon the proposal of the National Minimum Wage Council (CONASAM) based on the interannual fluctuations in the consumer price index and their impact on the national economy, in June each year; (ii) the CNASAM is a tripartite body in which representatives of employers and workers participate in equal numbers (section 252 of the Labour Code); and (iii) following the reform, adjustments were adopted to the minimum wage for workers in the private sector and workers in agricultural undertakings in 2016, 2017 and 2018.
Article 4 of Conventions Nos 26 and 99. Supervision and sanctions. With reference to its previous comments, the Committee notes the information provided by the Government on labour inspections and judicial proceedings relating to the minimum wage between 2015 and 2017. It also notes the Government’s indications that the General Directorate of Labour is planning to launch awareness-raising campaigns for employers on compliance with the payment of the minimum wage and that it is making available to the workers concerned individual and collective dispute settlement channels for complaints by those who are paid wages below the statutory minimum level. The Committee requests the Government to provide information on the awareness-raising campaigns on payment of the minimum wage that have been launched or planned, and on the cases dealt with by the individual and collective dispute settlement services relating to the minimum wage, including the number of cases, the problems reported and the results achieved. The Committee also refers to its comments on the application of the Labour Inspection Convention, 1947 (No. 81).

Protection of wages

Article 2 of Convention No. 95. Scope of application. With reference to its previous comments, the Committee notes the Government’s indication that the provisions of the Convention are applied to all persons in a dependent employment relationship at the national level and that they are implemented in the Labour Code.
Article 4(1). Partial payment of wages in kind. Prohibition of the payment of wages in the form of liquor of high alcoholic content or noxious drugs. With reference to its previous comments, the Committee notes the Government’s indication that: (i) the payment of wages in the form of liquor of high alcoholic content or noxious drugs is prohibited, as such forms of payment do not comply with the requirement that they be appropriate for the personal use and benefit of the worker and her or his family, as set out in section 231 of the Labour Code in respect of the partial payment of wages in kind; (ii) no complaints have been lodged by workers, including agricultural workers, concerning payments in the form of liquor of high alcoholic content or noxious drugs; and (iii) section 392 of the Labour Code provides that any employer who sets up at the workplace stores selling intoxicating drinks or drugs, or gambling facilities, shall be liable to a fine of a minimum of 30 days’ wages, which shall be doubled in the event of a repeat offence.
Articles 3, 6, 7(1) and 12(1). Payment of wages in legal tender and prohibition of payment in a form alleged to represent legal tender. Prohibition on limiting the freedom of workers to dispose of their wages. Prohibition of any coercion on workers to make use of works stores. Regular payment of wages. With reference to its previous comments, the Committee notes the information provided by the Government on the measures adopted in relation to the issue of forced labour, including inspections and visits in the Paraguayan Chaco region with a view to ascertaining working conditions. Recalling that this subject is being examined in the framework of the Forced Labour Convention, 1930 (No. 29), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee refers to its comments on the application of these Conventions.

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Article 5 of the Convention and Part V of the report form. Practical application. The Committee notes the Government’s indication that the minimum wage for agricultural workers was last increased by ten per cent by Resolution MJT–509/11 of 27 April 2011, and is now set at 589,256 Paraguay guaraníes (PYG) (approximately US$132) per month or PYG22,664 (approximately $5) per day for workers in category “A” and at PYG810,115 (approximately $182) per month or PYG31,158 (approximately $7) per day for workers in category “B”. It also notes the results of the inspection visits carried out in June 2011 in the Chaco region in the framework of the National Campaign of Decent Work for All, undertaken by the Ministry of Justice and Labour with the technical assistance of the International Labour Office. According to these results, 62 enterprises were inspected, concerning 803 workers, and the percentage of compliance with the minimum wage legislation was 95 per cent. The Committee would be grateful if the Government would continue to provide up-to-date information on the effect given to the Convention in practice. In addition, the Committee requests the Government to refer to its comments made under the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).

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Article 3 of the Convention. Minimum wage fixing machinery. With reference to its previous comments, the Committee notes the adoption of Ministry of Justice and Labour Resolution No. 546 of 7 May 2009 setting the minimum wage for agricultural workers at 1,408,864 Paraguayan guaraníes (PYG) (approximately US$290) per month and PYG54,187 (approximately US$11) per day as from 1 May 2009. The Committee also notes the changes in the composition of the National Council on Minimum Wages (CONASAM), as provided for in section 252 of the Labour Code, pursuant to Act No. 2.199 of 2003. The Committee further notes the Government’s statement that it plans to organize a tripartite and inter-institutional forum for social dialogue in order to discuss a new wage policy in consultation with the social partners. The Committee requests the Government to keep the Office informed of all progress in this area.

Article 5 and Part V of the report form. Practical application. The Committee requests the Government to provide detailed information in its next report on the practical effect given to the Convention, and in particular statistics on the number of inspections carried out in agricultural undertakings, reported infringements of the minimum wages legislation and the penalties imposed. Noting that the Government has as yet sent no information on the matter, the Committee asks it to provide up to date information on developments in the situation covered by the representation made under article 24 of the ILO Constitution in 1995 and which was discussed in the Conference Committee on the Application of Standards in1996.

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The Committee notes with regret 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 matters raised in its previous direct request, which read as follows:

The Committee notes Decree No. 11.137/07 dated 24 October 2007 of the National Minimum Wage Council (CONASAM) which raises the minimum wage by 10 per cent for workers in the private sector. The Committee notes, however, that this decree establishes no minimum wage applicable to the agricultural sector. The Committee understands that minimum wage rates for this sector were last adjusted in 1997 by Decree No. 16037 of 15 January 1997 and by resolutions Nos 20 and 25 of 24 January 1997. The Committee requests the Government to indicate in its next report the measures adopted or envisaged to readjust these rates.

Furthermore, the Committee requests the Government to make every effort to collect and communicate in its next report detailed information on the application of the Convention in practice, in conformity with Article 5 and Part V of the report form and, in particular, to supply statistics on the application of methods of enforcement (violations reported, sanctions imposed, etc.) and copies of court decisions concerning the implementation of minimum wage legislation. The Committee also requests the Government to transmit information on any changes in the situation covered by the representation made under article 24 of the ILO Constitution in 1995 and which was discussed in the Conference Committee on the Application of Standards in 1996.

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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 matters raised in its previous direct request, which read as follows:

The Committee notes in particular Executive Decree No. 18264 of 14 August 2002, issued pursuant to the recommendation of the National Minimum Wage Council (CONASAM) of 6 August 2002, which raises the minimum wage by 12 per cent for workers in the private sector only. The Committee also notes resolutions Nos 536 and 537, dated 22 August 2002, of the Ministry of Justice and Labour, which fix monthly wage rates by occupational category. The Committee notes, however, that these provisions bear no relation to the minimum wage applicable to the agricultural sector. The Committee understands that minimum wage rates for this sector were last adjusted in 1997 by Decree No. 16037 of 15 January 1997 and by resolutions Nos 20 and 25 of 24 January 1997. The Committee requests the Government to indicate in its next report the measures adopted or envisaged to readjust these rates.

Furthermore, the Committee requests the Government to make every effort to collect and communicate in its next report detailed information on the application of the Convention in practice, in conformity with Article 5 and Part V of the report form and, in particular, to supply statistics on the application of methods of enforcement (violations reported, sanctions imposed, etc.) and copies of court decisions concerning the implementation of minimum wage legislation. The Committee also requests the Government to transmit information on any changes in the situation covered by the complaint made under article 24 of the ILO Constitution in 1995 and which was discussed in the Conference Committee on the Application of Standards in 1996.

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The Committee notes the information contained in the Government’s report and the attached documentation. The Committee notes in particular Executive Decree No. 18264 of 14 August 2002, issued pursuant to the recommendation of the National Minimum Wage Council (CONASAM) of 6 August 2002, which raises the minimum wage by 12 per cent for workers in the private sector only. The Committee also notes resolutions Nos. 536 and 537, dated 22 August 2002, of the Ministry of Justice and Labour, which fix monthly wage rates by occupational category. The Committee notes, however, that these provisions bear no relation to the minimum wage applicable to the agricultural sector. The Committee understands that minimum wage rates for this sector were last adjusted in 1997 by Decree No. 16037 of 15 January 1997 and by resolutions Nos. 20 and 25 of 24 January 1997. The Committee requests the Government to indicate in its next report the measures adopted or envisaged to readjust these rates.

Furthermore, the Committee requests the Government to make every effort to collect and communicate in its next report detailed information on the application of the Convention in practice, in conformity with Article 5 and Part V of the report form and, in particular, to supply statistics on the application of methods of enforcement (violations reported, sanctions imposed, etc.) and copies of court decisions concerning the implementation of minimum wage legislation. The Committee also requests the Government to transmit information on any changes in the situation covered by the complaint made under article 24 of the ILO Constitution in 1995 and which was discussed in the Conference Committee on the Application of Standards in 1996.

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The Committee notes the information provided in the Government's report. It requests the Government to continue to provide general information (including relevant statistics) on the manner in which the Convention is applied, in accordance with Article 5 of the Convention and point V of the report form.

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