Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 2 of the Convention. 1. The Committee notes that, according to sections 97 and 98 of the Labour Code, when the responsibility of the employee for the non-fulfilment of the work quotas or the non-compliance of production to quality standards is not involved, the monthly remuneration should not be lower than the minimum remuneration. However, the Committee also notes that under section 98 the employee shall not be paid if the production for which he or she is responsible does not meet the quality standards completely. In case of partial responsibility of the employee, he or she shall be paid in accordance with lower tariffs depending on the usefulness of the production.

The Committee requests the Government to communicate information on the application of the said provisions of sections 97 and 98, to indicate the procedural mechanisms that enable the employee involved in the latter case to recover sums due in respect of the minimum wage and to supply any relevant decisions by courts of law or other tribunals.

2. The Committee notes that section 250 of the Labour Code provides for the responsibility of employers, officials of the State, institutions and organizations for, inter alia, the violations of the labour laws and regulations on labour protection. It requests the Government to provide information on sanctions applicable to a failure to apply the minimum wages.

Article 3. The Committee notes that, according to the Government, the basis for the review of the minimum wage is calculated expenses of people in accordance with the consumer goods basket (minimum living wage standards or crisis living wage) determined by the Government, and the possibility of covering these costs from this wage/salary. It requests the Government to provide further information as concerns the various components which are taken into account when calculating the minimum living wage standards and the crisis living wage.

Article 4. The Committee notes that the Tripartite Consultation Board is involved in the minimum wage revision processes. It requests the Government to provide further information on the composition of the Tripartite Consultation Board and to indicate how the direct and equal participation of employers' and workers' organizations or employers' and workers' representatives is ensured in the operation of the minimum wage fixing machinery.