Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report does indeed not reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

  Article 3, paragraph 2(2), of the Convention. In its previous comments, the Committee requested the Government to amend section 6(3) of the Labour Standards Act, No. 2 of 1977 since it only requires the Minister concerned to endeavour to ensure that the Advisory Board is equally representative of the workers and employers concerned. The Committee reminds the Government once more that participation shall be on equal terms in all circumstances. It therefore hopes that the abovementioned Act will be amended in the near future to bring the legislation into conformity with the requirements of the Convention and the practice described in the Government’s reports. In addition, the Committee has requested the Government to supply additional information on the functioning of the Advisory Board and the means by which the employers and employees concerned participate in the application of minimum wage fixing machinery. The Committee observes that the Government has not provided any details in the report. The Committee is therefore bound to reiterate its previous request on these points.

Article 3, paragraph 2(1). In its previous comments, the Committee requested the Government to indicate the measures taken or contemplated to ensure that representatives of the employers and workers concerned are consulted before the minimum wage fixing machinery is applied taking into account that under section 6(1) of the Act the appointment and consultation of an Advisory Board is left entirely at the discretion of the Minister. The Committee notes the indication of the Government in its report according to which the Minimum Wage Advisory Board was mandated to look into the upward review of the minimum wages. The Committee asks the Government to take the necessary steps to harmonize the legislation with the requirements of the Convention and the practice.

Article 5 and Part V of the report form. The Government states that the report of the Minimum Wage Advisory Board is expected to go before the Minister of Labour shortly. The Committee requests the Government to report on any progress achieved in this respect. In addition, the Committee hopes that the Government will include extracts from the reports of the inspection services and any other relevant data with its next report.