Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the information supplied in the Government's report.

Article 2 of the Convention. The Committee notes the Government's information about the employment of homeworkers.

The Committee requests the Government to supply information, if any mandatory minimum wage has been fixed for specified categories of workers under section 144(3) of the Labour Code, Act XXII of 1992.

Article 3, paragraph 2(2). The Committee notes that according to its statutes, the National Interest Reconciliation Council is a tripartite body and the Government, the employers and employees have one vote each. It requests the Government to provide a copy of these statutes.

Article 3, paragraph 2(3). The Committee notes the Government's indication that the Minister of Labour has not recently made any provisions under section 144(6) of the Labour Code which permits a departure from the mandatory minimum wage in the interest of employment of certain employees' groups such as young persons under the age of 18, the disabled and part-time employees.

In this respect, the Committee wishes to refer to paragraphs 169 to 181 of its 1992 General Survey on minimum wages. As minimum wage instruments contain no provisions on the fixing of different minimum wage rates on the basis of criteria such as sex, age or disability, the general principles laid down in other instruments have to be observed, and particularly those contained in the Preamble of the Constitution of the ILO which specifically refers to the application of the principle of "equal remuneration for work of equal value". As regards age, paragraph 171 of the above survey specifies that the quantity and quality of work carried out should be the decisive factor in determining the wage paid. Therefore, the Committee considers that, although the minimum wage Conventions do not forbid the determination of lower minimum wage rates for young workers, the measures taken in this respect should incorporate the principle of equal remuneration for work of equal value, and should prescribe criteria based, not on age, but on objective factors, such as the quantity and quality of the work performed.

Article 4. The Committee notes with interest that Act LXXV of 1996 on labour inspection has been issued and its section 3(1)(e) provides that the scope of labour inspection extends to compliance with the legal provisions on wage, including minimum wage. It also notes the various measures that labour inspectors may take in order to combat infringements of labour law.

As regards the procedure for recovery in case of non-observance of the minimum wages, the Committee notes the Government's indication in respect of sections 144(1) and 199 of the Labour Code.

Article 5 of the Convention, in conjunction with point V of the report form. The Committee notes the rise in the amount of the minimum wages in the period 1992 to 1997. It requests the Government to continue supplying general information on the application of the Convention in practice, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (for example, the number of violations of minimum wage provisions, the penalties imposed, etc.).