Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

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 matters raised in its previous direct request, which read as follows:

  Article 1(1) of the Convention. The Committee recalls that the system of minimum wages still does not cover "all groups of wage earners whose terms of employment are such that coverage would be appropriate" since, according to the Government’s previous statements, agricultural workers, other than sugar cane and cotton workers, are excluded from the minimum wage system. In its report for 1986, the Government stated that it was examining the extension of the system to agricultural workers producing rubber, wood and chestnuts. The Committee has requested the Government in successive direct requests (1989, 1993, 1997, 1999) to indicate whether these workers or any other groups of wage earners had been excluded from the coverage of the national minimum wage established by Supreme Decree No. 23093 of 16 March 1992, which is considered by the Government to be the fullest and most up-to-date legal provision respecting wage fixing. The Committee notes that the Government still has not provided specific information on the results of the measures taken to extend the system of minimum wages to all workers and, in particular, agricultural workers producing rubber, wood and chestnuts. The Committee therefore requests the Government to provide the information requested concerning the workers covered by minimum wages in its next report.

  Article 2. The Committee recalls that, in accordance with section 23 of Supreme Decree No. 23093 of 16 March 1992, increases in wages in the private sector are negotiated between employers and workers in each enterprise. Wage agreements concluded in this manner have to be registered with the Ministry of Labour and Employment Promotion. If no such wage agreement is concluded, the Ministry of Labour and Employment Promotion "shall examine and process the relevant clauses". The Committee notes that, according to the statements made by the Government in its latest report, "in practice it is the Government which determines annually the national minimum wage". The Committee refers to its observation and requests the Government to indicate the provisions which exist to prevent the minimum wages determined in this way from being reduced and the penalties applicable in the event of failure to comply with these minimum wages. The Committee hopes that this information will be provided in the Government’s next report.

  Article 5. The Committee recalls the information provided by the Government that the total number of inspectors had been increased (from 63 in 1991 to 73 in 1992). At that time, the Committee requested the Government to continue providing information on the efforts made to extend and improve the labour inspection services and to provide information on the outcome of the work of these services in relation to the application of minimum wages (including, for example, data on the violations reported and the penalties imposed). The Committee hopes that the Government will provide information in its next report showing that proper effect is given to this Article of the Convention.