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

The Committee notes the information contained in the report provided by the Government. It notes from the report that Act No. 2 of 15 February 1918 respecting industrial home work was repealed by Act No. 2 of 6 July 1995. The Committee notes that, ever since that date, there has been no system for fixing minimum wages and that the wage rates applicable in the country are now solely set by the social partners. Recalling that the objective of the Convention is the creation and maintenance of machinery whereby minimum rates of wages can be fixed for workers employed in trades in which no arrangements exist for the effective regulation of wages by collective agreement or otherwise, and in which wages are exceptionally low, that is lower than the average wage earned in the country by wage earners in organized industries, the Committee requests the Government to indicate whether there exist at the national level trades or parts of trades answering to the specifications. Indeed, the Committee is of the opinion that even though, in accordance with Article 1, paragraph 1, of the Convention, a State which ratifies this instrument is not bound to create or maintain machinery for the fixing of minimum wages where arrangements exist for the effective regulation of wages by collective agreement, a system for the fixing of minimum wages, whether it is legislative or by agreement, can be considered effective within the meaning of the Convention only in so far as it excludes the possibility of exceptionally low wages and establishes real minimum rates below which workers’ earnings must not fall. The Committee is therefore bound to request information on the number of workers who are not covered by minimum wages established by collective agreement, the coverage rate of collective agreements which fix minimum wages and the rates of such wages, particularly with regard to home work, as well as on sectors which are not covered by collective agreements establishing minimum wages.

The Committee also notes the Government’s statement to the effect that at present the application of existing collective agreements has not been extended to foreign employees, as permitted under Act No. 58 of 4 June 1993. With reference to the above developments in relation to the objective of the Convention, the Committee asks the Government to indicate in its next report the average rates of the wages applicable to these workers and the number of such workers. In addition, it requests the Government to specify whether the Wage Board established by Act No. 58 of 4 June 1993 will seek, as authorized by section 3(3) of the Act, to undertake at its own initiative the extension of existing collective agreements to make them applicable to foreign employees.

Finally, the Committee notes the Government’s statement that the labour inspection services do not have statistical data relating to the area covered by the Convention. Recalling that Article 4, paragraph 1, of the Convention requires each Member which ratifies it to take the necessary measures, by way of a system of supervision and sanctions, to ensure that the employers and workers concerned are informed of the minimum rates of wages in force and that wages are not in practice paid at less than the minimum rates applicable, the Committee requests the Government to provide with its next report a general overview of the supervisory system for securing compliance with the minimum wage rates established by collective agreement, as well as detailed information on its operation and the results achieved during the period covered by the report.