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

The Committee takes note of the information supplied by the Government in its report, and particularly of the Minimum Wages and Conditions of Employment (General) Order of 1985, and the Minimum Wages and Conditions of Employment (Shop Workers) Order of 1987.

Article 1, paragraph 2, and Article 4, paragraphs 2 and 3, of the Convention. The Committee notes that section 3(1) of the Minimum Wages and Conditions of Employment Act (No. 25) of 1982 provides that if the group of workers in respect of which a statutory order is to be made is represented by a trade union, no such order shall be made without first consulting such trade union.

The Committee notes the Government's statement to the effect that, as a matter of operational policy and practice, full consultation with the workers' and employers' representative organisations is always undertaken, although consultation with employers' organisations is not specifically required by the Minimum Wages and Conditions of Employment Act. Where, therefore, minimum wages and conditions of employment have to be fixed for any group of workers not covered by adequate provisions, workers' and employers' representative organisations are fully consulted and only when consensus has been reached can the Minister make an order. The Government indicates that neither the workers' organisations nor the employers' organisations have raised any dissatisfaction on the mode and procedure adopted. The Committee also notes from the Government's report that the Consultative Council on Prices and Incomes established by the Prices and Incomes Commission Act (No. 9) of 1981, deals with prices and incomes policy matters but is not directly engaged in minimum wage fixing.

The Committee recalls that section 3(1) of Act No. 25 of 1982 provides only for consultation with workers' trade unions and provided that the workers in respect of whom a statutory minimum wage order is to be made are represented by a trade union. The Committee notes, however, that, under section 10(1)(c) of Act No. 9 of 1981, the Consultative Council on Prices and Incomes is in fact empowered to recommend for the approval of the Government minimum and maximum wage levels, and to supervise the execution and implementation of the recommendations approved by the Government. It also notes that, while in practice employers' organisations are always represented, this is not required by law.

The Committee therefore asks the Government to take measures to align national legislation with the practice described by the Government in its report and with the Convention, by making explicit provision for consultation with employers' organisations in the establishment, operation and modification of the machinery for fixing minimum wages.