Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes with interest the information provided in the Government’s report concerning the preparatory work for the introduction of a minimum wage system and the drafting of relevant legislation. More concretely, the Committee notes the setting up of a tripartite body, known as the Employment Forum, for the purpose of making recommendations relating to the establishment, application and operation of a minimum wage. This body, which currently operates on a non-statutory basis, will eventually be responsible for consulting appropriate organizations and making recommendations regarding minimum rates of pay to the Employment and Social Security Committee before the matter is referred to the states of Jersey for their consideration and final decision. The Committee also notes that under the draft legislation, which is now being considered by the members of the Employment and Social Security Committee, it is not proposed to introduce a separate youth rate as was previously the case under the annual agricultural agreements concluded between the Jersey Farmers Union and the Transport and General Workers Union. The Committee recalls, in this connection, paragraph 171 of its General Survey of 1992 on minimum wages in which it emphasized that the quantity and quality of work carried out should be the decisive factor in determining the wage paid, and that in the absence of any provisions in the Convention providing for the fixing of different minimum wage rates on the basis of criteria such as the workers’ age, the general principles laid down in other instruments have to be observed, and particularly those contained in the Preamble of the ILO Constitution which specifically refers to the application of the principle of "equal remuneration for work of equal value". In addition, the Committee notes that under the proposed legislation the only benefit in kind that is allowed to be offset against the minimum hourly rate is the provision of accommodation. In this respect, the Committee hopes that the new employment legislation will give full effect to the provisions of the Convention which permits only the partial payment of minimum wages in the form of allowances in kind and requires a fair and reasonable valuation of such allowances. The Committee requests the Government to supply the text of the new legislation as soon as it is adopted and to keep it informed of any decision as to the level at which the statutory minimum wage should be set.