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

The Committee notes the report provided by the Government and Act No. 3/94 of 21 November 1994 issuing the Labour Code, as amended by Act No. 12/2000 of 12 October 2000. It requests the Government to provide further indications on the following points.

Article 3, paragraph 2(2), of the Convention. The Committee notes that, under the terms of sections 149 and 254 of the Labour Code, the minimum guaranteed inter-occupational wage (SMIG) is fixed by decree after the National Commission on Wage Studies has issued a reasoned opinion to the Government Wage Commission on the determination of the SMIG. It also notes that the composition of the National Commission on Wage Studies shall be determined by decree issued at the proposal of the Minister responsible for labour. While recalling that by virtue of this provision of the Convention the employers and workers concerned shall in all cases be associated in the operation of minimum wage fixing machinery in equal numbers and on equal terms, the Committee would be grateful if the Government would provide, with its next report, copies of the legislative texts issued to guarantee such participation and thereby give effect to the Convention on this point.

The Committee also notes that under section 144 of the Labour Code, decrees issued at the proposal of the Minister responsible for labour shall, in the absence of collective agreements or where they do not cover such matters, fix minimum wages by occupational category. It requests the Government to provide detailed information on the nature of the measures and the procedures adopted to secure full consultation and the direct participation of employers’ and workers’ organizations in the determination of minimum wages, as required by this Article of the Convention.

Article 5 and Part V of the report form. The Commission notes from the Government’s report that inspections by labour inspectors and supervisors cover, among other subjects, the application of the minimum rates of the SMIG and wage rates by category. It requests the Government to provide copies of the relevant extracts of the reports published each year by the labour inspectorate in accordance with section 247 of the Labour Code, particularly with regard to the contraventions committed and penalties imposed. Furthermore, with reference to its previous comments, the Committee would be grateful if the Government would provide any statistics which may be available on the number and various categories of workers covered by the minimum wage regulations and on the rates of the SMIG and of the various minimum wages by occupational category, as well as any other information which would allow the Committee to assess more effectively the effect given to the Convention in practice.