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

The Committee notes the information contained in the Government’s report and the attached documentation. The Committee notes in particular Executive Decree No. 18264 of 14 August 2002, issued pursuant to the recommendation of the National Minimum Wage Council (CONASAM) of 6 August 2002, which raises the minimum wage by 12 per cent for workers in the private sector only. The Committee also notes resolutions Nos. 536 and 537, dated 22 August 2002, of the Ministry of Justice and Labour, which fix monthly wage rates by occupational category. The Committee requests the Government to indicate in its next report the minimum wage rates applicable to the economic sectors or branches of activity not covered by the above resolutions.

With regard to its previous observations relating to the effective application of the national minimum wage legislation, the Committee wishes to emphasize once again that legislative compliance with the Convention cannot by itself ensure implementation where the law is not applied in practice. Therefore, the Committee requests the Government to make every effort to collect and communicate detailed and documented information on the operation of the inspection system to ensure that the minimum wage provisions are being applied and workers are able to recover the amounts by which they have been underpaid as a result of wage payments lower than applicable minimum wage rates. In this respect the Committee recalls that, although the laws and regulations relating to minimum wage fixing machinery appear to be in conformity with the provisions of the Convention, serious problems relating to their application in practice led to a complaint under article 24 of the ILO Constitution in 1995 and a debate in the Conference Committee for the Application of Standards in 1996. In the light of the recommendations addressed to the Government in recent years, the Committee hopes that the Government will provide in its next report all the information that it requires to reassess the situation in a comprehensive manner.