Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes due note of the Government’s detailed report and attached documentation.

Article 3, paragraph 2(2), of the Convention. The Committee has been commenting for several years on section 45(2), (4) of the Industrial Relations Act, 1973, which gives only partial effect to the requirements of the Convention with regard to the equal representation of the employers and workers concerned in the operation of the minimum wage system. The Government states that, although the Industrial Relations Act does not explicitly provide for employers and workers to be represented on equal terms and in equal numbers, the National Remuneration Board holds in practice consultations in a judicious and non-discriminatory manner with employers’ and workers’ representatives before making recommendations. The Government adds that the trade unions have on two occasions refused to discuss a report recommending the establishment of a tripartite national wages council based on equal representation of employers’ and workers’ organizations and that action has now been initiated to review the Industrial Relations Act to ensure that the national legislation is in conformity with the Convention. The Committee wishes to emphasize that the principle of full consultation and direct participation of employers’ and workers’ representatives on an equal footing requires an express legislative provision to ensure its application and that reliance on the observance of practice alone does not constitute a sufficient guarantee against possible contravention of such a principle. It therefore asks the Government to take the necessary action without further delay and to keep it informed of any progress made in this respect.

Article 3, paragraph 2(3). The Committee notes the Government’s indication that the National Remuneration Board has been gradually eliminating differential rates of pay for men and women as existing remuneration order regulations are being revised. It notes in particular the Government’s reference to the new Baking Industry (Remuneration Order) Regulations (Government Notice No. 130 of 2003) which no longer lists "female workers" as a separate category of employees and prescribes wages on the basis of job content instead of gender. In addition, the Committee notes with interest the Government’s statement that, following the ratification of the Equal Remuneration Convention, 1951 (No. 100) and Discrimination (Employment and Occupation) Convention, 1958 (No. 111), no effort is spared to achieve gender equality in employment and eliminate discrimination. The Committee requests the Government to continue to transmit documented information concerning the revision of any remaining statutory instruments which may still provide for gender-specific remuneration levels.

Regarding the question of minimum wages for young workers, the Committee notes that certain remuneration order regulations continue to establish different minimum pay rates on account of workers’ age, such as the Field-crop and Orchard Workers (Remuneration Order) (Amendment) Regulations, 2002 (Government Notice No. 172 of 2002) according to which, the basic monthly wage of a young person is more than 55 per cent less than that of a male field labourer. The Committee is bound to observe, in this respect, that the quantity and quality of work carried out should be the decisive factor in determining the wage paid and that therefore the reasons that may have prompted the adoption of lower minimum wage rates for groups of workers on account of their age, should be regularly re-examined in the light of the principle of equal remuneration for work of equal value. While recalling the Government’s earlier commitment not to establish age-based rates of pay, the Committee requests the Government to keep it informed of any further developments in this regard.

Article 5, in conjunction with Part V of the report form. The Committee notes the latest statistics provided by the Government according to which in 1993 an estimated 350,470 employees were covered by 29 remuneration order regulations in force. It also notes that labour inspection visits and court action in the period from June 2002 to May 2004 have permitted the recovery of approximately Rs.19.6 million in wages due. The Committee would appreciate if the Government would continue to provide up-to-date information on the practical application of the Convention.