Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the existence of a draft Labour Code which contains certain provisions dealing with the determination of the minimum basic wage rate. The Committee notes that, under the draft Labour Code but also under the relevant provisions of the Fair Labour Standards Ordinance 1988, which is currently still in force, provision is made for Orders fixing minimum wage rates to be issued by the competent authority upon the recommendation of a tripartite advisory committee. The Committee recalls, in this respect, that it has been requesting the Government since 1993 to supply information on the specific steps taken to ensure the application of the provisions referred to above. No such information has so far been communicated other than the indication that the Chamber of Commerce, the Hotel and Tourism Association and workers’ representatives from some establishments were invited to name representatives to the Minimum Wage Committee. The Committee is obliged therefore to renew its request for detailed information on the manner in which effect is given to the requirements of the Convention both in law and in practice. In this connection, the Committee would appreciate receiving copies of statutory instruments establishing minimum wage rates, the trades or occupations, including agriculture, to which those rates would be applicable as well as any other information relating to the implementation and enforcement of the national legislation in respect of minimum wages. The Committee also asks the Government to keep it informed of any developments regarding the draft Labour Code and to forward a copy of the new legislation as soon as it is enacted.