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

The Committee notes the information supplied in the Government's first report.

Article 3, paragraph 2(2), of the Convention, in conjunction with Article 5. The Committee notes that section 72(2) of the Labour Relations Act, 1985, provides that, in constituting an employment board, the Minister (of Labour) shall endeavour to achieve, as far as is practicable in the circumstances, an equality of representation of the interests of employers and employees concerned. It recalls that Article 3, paragraph 2(2), of the Convention requires that "the employers and workers concerned should be associated in the operation of the machinery ... in any case in equal numbers and on equal terms, as may be determined by national laws and regulations". It hopes that the above section will be amended in order to provide that participation in employment boards which makes recommendations on the minimum wage issue should be on equal terms in all circumstances, in accordance with the requirements of the Convention. Furthermore, the Committee requests the Government to supply further information on the composition and functioning of the Salaries and Wages Advisory Board, the National Employment Councils (NECs), the employment boards, and the work councils; in particular with respect to the implementation, or application in practice, of section 63(2) of the Labour Relations Act, 1985, concerning the appointment by the Minister (of Labour) of the employment council members in the case where the parties have failed, within a period of three months after the Minister's request, to apply for the registration of an employment council.

Article 5, in conjunction with point V of the report form. The Committee requests the Government to supply information as to statistics concerning workers who are covered by the minimum wage-fixing machinery and the minimum wage rates for these categories of workers, together with a general appreciation on the manner in which the Convention is applied in the country, including, for instance, the relevant extracts from the reports of the inspection services, the number and the nature of violations registered, the sanctions imposed, etc.

Point IV of the report form. The Committee requests the Government to indicate whether decisions have been taken by judicial or other bodies involving questions of principle relating to the application of the Convention and, if so, provide copies of them.