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

The Committee takes due note of the Government’s report and the information supplied in respect of the minimum wage system which involves two types of minimum wages, i.e. local and industry-specific minimum wages, established by prefectural minimum wages councils following the guidelines provided by the Central Minimum Wages Council.

Article 4 of the Convention. The Committee notes the Government’s indication that the system whereby the minimum wage rates for outworkers were fixed upon the recommendations of the Central Outwork Council or the prefectural outwork councils has been abolished and that minimum outwork rates are now established based on the opinion of either the Labour Policy Council or local labour councils. The Committee requests the Government to specify the instrument which amended the Industrial Homework Law (Law No. 60 of 16 May 1970) to this effect and to furnish a copy of the relevant text. It would also appreciate receiving additional information on the composition and mandate of the Labour Policy Council in view of the requirements of the Convention for full consultation and direct participation of representative organizations of employers and workers concerned in the establishment, operation and modification of the minimum wage-fixing machinery.

Article 5 and Part V of the report form. The Committee notes the statistical information concerning the number of inspection visits and infringements of article 5 of the Minimum Wages Law (Law No. 137 of 15 April 1959) and article 14 of the Industrial Homework Law reported in the period 1996-2001. It also notes that, as of March 2002, there were 47 regional and 251 industry-specific minimum wages covering a total of 50.8 million workers. The Committee would be glad if the Government would continue to provide in future reports all available information regarding the application of the Convention in practice, including for instance the minimum wages fixed by region or industry, the minimum wages fixed for outworkers by industrial sector or branch of activity, the national average minimum wage by prefecture or industry, the evolution of the average minimum wage as a percentage of the average wage, statistics on the number and different categories of workers covered by minimum wages legislation, extracts from inspection reports, relevant judicial decisions, official surveys and studies on minimum wage issues as well as any other particulars bearing on national law and practice in the field of minimum wage fixing.