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

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

The participation on an equal footing of the employers and workers concerned in the operation of the minimum wage-fixing machinery

Article 3, paragraph 2(2) of the Convention. According to the Government, the Industrial Relations Act (IRA), 1973 (Act No. 67 of 1973) does not provide for employers and workers to be represented in equal terms and equal numbers. The IRA is being reviewed with the technical assistance of the ILO and consideration is being given to bring the legislation in full conformity with the provisions of the Convention.

The Committee notes this information and recalls that one of the essential obligations under the Convention is that the minimum wage-fixing machinery must be set up and operated in consultation with organizations of employers and workers who must participate on an equal footing. It requests the Government to supply information on any progress made in bringing the legislation in full conformity with the provisions of the Convention.

The minimum wage for female workers and young workers

The Committee points out that in various sectors of activities, such as field crop, livestock, carrying trade (messengers), salt manufacturing industry, sugar industry and tea industry, female workers and/or young workers received reduced minimum wages compared to those of male workers.

In this respect, the Committee wishes to refer to paragraphs 169 to 181 of its 1992 General Survey on minimum wages. As instruments concerning minimum wages contain no provisions for 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 to the ILO Constitution which specifically refers to the principle of "equal remuneration for work of equal value". Therefore, the Committee considers that, although the Convention does not forbid the setting of lower minimum wage rates for female workers and young workers, the measures taken in this respect should take account of the principle of equal remuneration for work of equal value, and should prescribe criteria based, not on sex or age, but on objective factors such as the quantity and quality of the work performed.

The Committee requests the Government to provide detailed information on the grounds for reduced minimum wages for women and young persons working in the above-mentioned sectors of activities.

[The Government is asked to report in detail in 2000.]