Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

1. The Committee notes the Government's indication that the permanent tripartite commission under article 56 of the 1991 Constitution which would regulate, among other things, the wages and labour policies has not yet been created. In the meantime, section 147 of the Substantive Labour Code, as amended by section 19 of Act No. 50 of 28 December 1990, provides for the minimum wage fixing by the National Labour Council by consensus, and in the case of failure to reach consensus, by the Government's decree. Noting the information supplied by the Government on the evolution of the minimum wage, the Committee requests the Government to indicate whether the minimum wage has been fixed by the National Labour Council or by the Government's decree. If the latter is the case, please also indicate the means by which the employers and workers concerned are associated in the minimum wage fixing as required by Article 3, paragraph 2(2), of the Convention. The Committee hopes that the Government will provide information in due course on any development regarding the establishment of the commission under article 56 of the Constitution, and on other measures affecting the application of the Convention.

2. Further to the previous comments, the Committee notes the information supplied in the Government's report on Convention No. 99, concerning the restructuring of the labour inspection services with the emphasis on the preventive aspects.

The Committee also notes the information on the labour inspection and other statistical data provided with the Government's report on Convention No. 81. It notes in particular that the statistical publication attached to it includes a table (p. 127) showing the results of inspection visits in the first half of 1988, according to which the non-observance of the minimum wage was the most frequent infringement observed. However, the supplementary report on Convention No. 81 received in September 1992 enumerates the five most frequent infringements observed in the first half of 1992, which do not include the non-observance of the minimum wage. The Committee would therefore be grateful if the Government would provide further information and explanations in this regard. It hopes that the Government will continue to supply information on the practical application of the Convention, including for example the number of workers covered by the minimum wage system (Article 5 and Part V of the report form).