Observación (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee notes the report provided by the Government in reply to its previous observation. It notes the adoption and entry into force of Act No. 51/2001 of 30 December 2001 issuing the Labour Code and requests the Government to provide information on the following points.

Article 3, paragraphs 1 and 2, of the Convention. The Committee requests the Government to provide full particulars on the minimum wage fixing machinery adopted under section 83 of the newly enacted Labour Code, as well as the procedures for its application, with an indication of the arrangements made, prior to the application of the above machinery, for the consultation of representatives of employers and workers and the manner and arrangements under which employers and workers have subsequently participated in equal numbers and on equal terms in the operation of minimum wage fixing machinery.

Articles 4, paragraph 1, and 3, paragraph 2(3). With reference to its previous comment, the Committee notes that the new Labour Code still does not provide for sanctions against those responsible for violations of the national regulations respecting the guaranteed minimum interoccupational wage (SMIG). Recalling that Article 4, paragraph 1, of the Convention sets forth the obligation to establish a system of supervision and sanctions, the Committee is of the opinion that the provisions on minimum wages in the new Labour Code cannot really be an effective application of the provisions of this Article unless they are combined with a supervisory system and sanctions. In this respect, the Committee considers that the draft ministerial order issuing a model employer’s register, a copy of which was attached to the Government’s report, is only marginally relevant in this respect. The Committee therefore requests the Government to take all the necessary measures without further ado to ensure the effective application of the Convention in practice based on supervision carried out by the labour inspection services and resulting, where appropriate, in sanctions being imposed and enforced where the wages actually paid are lower than the rate of the SMIG. In this connection, the Committee requests the Government to provide information on the measures taken to guarantee effectively the compulsory nature of the minimum wage rate, through sanctions among other measures, and to give a general appreciation of the manner in which the Convention is applied including, for example extracts of the reports of the inspection services, particularly where they have had occasion to report offences.

A request relating to certain other points is also being addressed directly to the Government.