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

The Committee notes the Government’s report and the attached documentation.

Article 1, paragraph 1, of the Convention. The Committee notes the Government’s statements that the competent body for fixing minimum wages is the National Council for Labour and Employment Promotion (CNTPE). This body is composed of the Minister of Labour, employers’ and workers’ representatives and social organizations active in this sector. The Government adds that section 13 of Act No. 27711 of 16 April 2002, and section 22 of the Regulations respecting the organization and functions of the Ministry of Labour, approved by Ministerial Resolution No. 058-2001-TR, provide the legal basis for this body. Regarding these Regulations, the Committee notes that they have been replaced by Ministerial Resolution No. 173-2002-TR and that the new Regulation does not mention the regulation of the minimum subsistence wage (RMV) as being part of the functions of the CNTPE. The Committee requests the Government to supply detailed information on the competence of this body to fix minimum wages and any legislation relating to its operation.

Article 2. The Committee requests the Government to supply updated information on cases in which the partial payment of the minimum wage in kind is authorized by legislation, to indicate the percentage that may be paid in this form and to forward copies of the relevant legislative provisions.

Article 3, paragraphs 2 and 3. The Committee notes the Government’s statement that, beginning in 1994, the RMV has been periodically adjusted by an emergency decree. The Committee also notes that the RMV was last adjusted in 2000 by Emergency Decree No. 012-2000, and is currently 410 soles a month or 13.67 soles a day. The Committee requests the Government to indicate whether employers’ and workers’ organizations were consulted prior to the adjustment of the minimum wage and to indicate the manner in which these organizations participate in fixing minimum wages in practice.

Article 4 and Part V of the report form. The Committee notes the Government’s report indicating that there is no information on the inspections carried out relating to minimum wages. The Committee hopes that the Government will make every effort to collect and provide, in its next report, detailed information on the application of the Convention in practice, including: (i) the methods of enforcement and the sanctions imposed; (ii) the number of workers in each minimum wage category; (iii) statistical data on the evolution of minimum wage rates in recent years; (iv) extracts from CNTPE activity reports on the regulation of minimum wages; and any other information relating to the operation of the minimum wage fixing machinery.