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Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee notes the Government’s statement that the system of labour administration, which was disrupted by the recent volcanic eruption, has now been normalized to permit consideration of the determination of a minimum wage. The Government indicates that it is in a position to actively pursue the establishment of a general minimum wage as a matter of priority and that the minimum wage declaration will be communicated as soon as it is finalized. The Committee expresses its hope that some 30 years after the adoption of the Employment Ordinance, which makes provision for minimum wages to be fixed by the Labour Tribunal after consultation with the Labour Advisory Board, the Government will take without further delay all necessary steps in order to apply and effectively enforce its minimum wage legislation thus giving effect to the basic requirements of the Convention. It accordingly requests the Government to keep the Office informed of any progress made in this regard and to transmit a copy of the legal instrument prescribing the minimum wage once it is adopted.
Further to its previous comments, the Committee notes the information provided by the Government in its last report that the process for the revision of the Protection of Wages Act No. 6, 1962, initiated in 1997, has now been suspended and that permission is currently being sought to draft a comprehensive Labour Code. The Committee understands that while the Employment Ordinance 1979 (Minimum Wage) is still in force, and therefore the Labour Commissioner is empowered – after consulting with the Labour Advisory Board – to apply to the Labour Tribunal for fixing the minimum wage for any class of employee, no minimum wage rates have ever been fixed in practice in respect of any category of workers. The Committee is bound to observe that no real progress has been made in the last 25 years for the introduction of a minimum wage in application of the relevant legislation. The Committee concludes that the Convention is not applied in practice and accordingly requests the Government to take without further delay all appropriate measures in order to rectify this situation. The Committee also requests the Government to keep it informed of any developments concerning the drafting of a comprehensive Labour Code and recalls that the Government may draw upon the technical assistance of the Office in this respect.
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 that it was decided to revise the Protection of Wages Act No. 6, 1962, taking all aspects of wages into consideration. The authority for application of a minimum wage was accordingly embodied in the draft Protection of Wages Act. This Act was included in the 1997 legislative agenda. The Committee requests the Government to supply a copy of the Protection of Wages Act once adopted.
The Committee again hopes that the Government will supply information on this point in the near future, together with other general information on the application of the Convention in practice, as required by Article 5 of the Convention and Part V of the report form, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).
The Committee notes that it was decided to revise the Protection of Wages Act No. 6, 1962, taking all aspects of wages into consideration. The authority for application of a minimum wage was accordingly embodied in the draft Protection of Wages Act. This Act is presently on the 1997 legislative agenda. The Committee requests the Government to supply a copy of the Protection of Wages Act once it has been adopted.
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 the information provided in the Government’s report in reply to its previous comments. The Committee notes that it was decided to revise the Protection of Wages Act No. 6, 1962, taking all aspects of wages into consideration. The authority for application of a minimum wage was accordingly embodied in the draft Protection of Wages Act. This Act is presently on the 1997 legislative agenda. The Committee requests the Government to supply a copy of the Protection of Wages Act once it has been adopted.
The Committee notes the information provided in the Government's report in reply to its previous comments. The Committee notes that it was decided to revise the Protection of Wages Act No. 6, 1962, taking all aspects of wages into consideration. The authority for application of a minimum wage was accordingly embodied in the draft Protection of Wages Act. This Act is presently on the 1997 legislative agenda. The Committee requests the Government to supply a copy of the Protection of Wages Act once it has been adopted.
The Committee again hopes that the Government will supply information on this point in the near future, together with other general information on the application of the Convention in practice, as required by Article 5 of the Convention and point V of the report form, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).
The Committee notes that the Government's report simply indicates no changes and that the Government has not supplied detailed information on the results of the application of the minimum wage fixing machinery since the enactment of the Employment Ordinance, 1979, which establishes such machinery. The Committee hopes that the Government will supply such information in its next report including, inter alia, the approximate number of workers covered, the minimum rates of wages fixed, and the more important of the other conditions, if any, relevant to the minimum rates as required by Article 5 of the Convention.