Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes that Act No. 31 of 1994 respecting the public service, employment and the labour force, permitting recruitment under an employment contract in the public service and the private sector, was repealed in 1999 and that all the parties engaged in work are therefore governed by the provisions of the Wages Act No. 15 of 1981. The Government states in its report that this Act applies to all national workers, whether they are employed in the public service or in public companies and enterprises and that the minimum wages increase in accordance with the provisions of the above Act.

Article 3 of the Convention. Section 1 of Act No. 15 of 1981 provides that the wage system for national workers "shall establish the principle of equal wages for equal work and equal responsibilities, while being designed to respond to the fundamental needs of workers covered by the system and to grant an annual increase according to the level of output and production. The wage shall be a function of the established output rates, all of which shall be in conformity with the general principles and rules which shall be determined in the regulations issued under the present Act". In view of this provision, the Committee has been requesting the Government for many years to provide information on the elements taken into consideration to determine the level of minimum wages applicable to the workers covered by Act No. 15 of 1981. It therefore requests the Government to provide this information and copies of any regulations adopted under section 1 of the above Act.

Article 4. With regard to the determination of minimum wages, the Committee notes that section 4 of Act No. 15 of 1981 provides that the "wages of all national workers in bodies governed by the provisions of this Act are established in Schedule 1, supplemented by any increments, benefits and other financial emoluments due by virtue of the present Act and the regulations and orders issued under this Act". In section 7, the Act provides that "without prejudice to the provisions of section 4, the People’s General Committee shall issue regulations and decisions respecting wages and schedules determining these wages for workers in bodies, institutions, services, societies, public establishments and similar units covered by the provisions of the present Act". The Committee has also been requesting the Government for several years to indicate whether the machinery for the determination of minimum wages which is in force provides for a method for the adjustment of wages from time to time and the participation in this machinery of the representative organizations of workers and employers. The Committee therefore hopes that the Government will provide information on the frequency with which minimum wage rates are adjusted and on the participation of organizations of employers and workers in wage-fixing machinery.

Article 5 and Part V of the report form. The Committee notes that the technical commission will transmit the executive decisions respecting the new administrative structure, in accordance with the decision of the People’s General Congress, which were adopted in March 2000. In addition to this information, the Committee hopes that the Government will provide information concerning the adoption of the necessary measures to ensure observance of the provisions of the Convention, with an indication of the minimum wage rates in force and extracts of the reports of the inspection services on the application and observance of minimum wage rates.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.