Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

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 following matters raised in its previous direct request:

Article 1 of the Convention. The Committee notes with interest the statement of the Government that the provisions of the Convention have been incorporated in the Labour Act, 1992 and its subsequent Labour Rules, 1993. The Government specifies that the system of minimum wages, established after having usually consulted workers' and employers' representatives, covers four categories of workers classified as unskilled, semi-skilled, skilled and highly skilled. The Committee requests the Government to supply a copy of the Labour Rules, 1993. It also hopes that the Government will provide further information on the following matters: (i) the approximate number of workers covered by the minimum wage fixing machinery; and (ii) to what extent the agricultural, transport and plantation sectors are or will be covered by the minimum wage fixing machinery. In this connection, the Committee recalls that, according to the Government's earlier reports, Bills were being drafted to extend the coverage of the minimum wage fixing machinery to the rural sectors, particularly to plantation workers and that draft regulations were still under examination. The Committee requests the Government to report on progress made in this respect.

Article 4. The Committee notes that the machinery set up for fixing and adjusting minimum wages consists of the Minimum Remunerations Fixation Committee which is a tripartite body (under Labour Act, 1992, section 21(2) and (3)). The Government states that necessary consultations as concerns minimum wage fixing have been made with the various trade unions and employers' organizations pursuant to section 21(6) of the Labour Act, 1992. However, it further indicates that this Committee has not been formed yet, due to various reasons. The Committee requests the Government to indicate measures taken to ensure the full application of this important provision of the Convention.

Articles 2 and 5. The Committee notes the Government's indication that section 57 of the Labour Act, 1992 provides for sanctions in case of violation of the minimum wages provisions. It hopes that the Government will supply information on: (i) the effectiveness of the system of investigation of the minimum wage payment; (ii) the infringements recorded (type of infringement, number of infringements recorded, etc.); and (iii) the penalties imposed.