Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's first report and requests it to supply information on the following points.

Article 1, paragraph 2, of the Convention. The Committee notes that, in accordance with section 20 of Act No. 86-845 of 17 July 1986, a minimum inter-occupational guaranteed wage is introduced. In accordance with section 1 of this Act, its provisions apply to all employees who exercise an activity in the territory but do not apply, unless provisions to the contrary are adopted, to public authorities. The Committee requests the Goverment to indicate the measures that have been taken or are envisaged to establish a system of minimum wages which apply to public authorities.

Article 2, paragraph 1. The Committee notes that, in accordance with section 224 of the Overseas Labour Code of 15 December 1952, which will remain in force until the publication of the decisions of the Territorial Assembly to implement Act 86-845, in accordance with section 126 of the Act, non-observance of collective agreements determining wages is enforceable with sanctions. The Committee requests the Government to indicate the measures that have been taken or are envisaged to guarantee that minimum wages other than those determined by collective agreement have the force of law and are not subject to abatement, and to establish the sanctions applicable in the event of non-observance of minimum wages.

Article 2, paragraph 2. The Committee notes that wages are negotiated annually within the context of collective agreements and that nine sectors are currently covered by collective agreements. The Committee requests the Government to indicate the number and categories of workers whose wages are determined by collective agreement and, if appropriate, to specify the extent to which these are workers who are also covered by the minimum wages system.

Article 3. The Committee notes, from the information supplied by the Government, that the guaranteed minimum inter-occupational wage is determined as a function of the fluctuations in the retail price index for family consumption. When this index reaches a level that is equivalent to an increase of at least 2 per cent in relation to the index employed for the determination of the previous minimum wage, the minimum wage is increased by the same proportion. It also notes that, according to Decision No. 1150/TLS of 30 November 1982, which is issued under section 126 of Act No. 86-845, the retail price index for family consumption is to be established by the Territorial Statistics Institute. The Committee requests the Government to indicate whether this index has been established and whether account was taken of the various elements enumerated in Article 3(a) and (b) in cases where minimum wages have been fixed.

Article 4, paragraph 1. The Committee notes that, in accordance with section 20 of Act No. 86-845, minimum wages are determined after consulting the representative occupational and trade union organisations of employers and employees at the territorial level. The Committee also notes, from the information supplied by the Government, that the last decision fixing minimum wages dates from 30 November 1982 (Decision No. 1150/TLS) and that no text has been adopted under section 20 of Act No. 86-845 of 17 July 1986. The Committee requests the Government to indicate the measures that have been taken to implement the procedures that have been adopted to fix and adjust minimum wages. It also requests the Government to supply information on the minimum wages that were fixed or adjusted after 1983 and during the period covered by the next report.

Article 5 and point V of the report form. The Committee requests the Government to supply extracts from the reports of labour inspectors and supervisors responsible for controlling the application of minimum wages and the application of the sanctions that are provided for in the event of the non-observance of minimum wages.