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

The Committee notes with regret 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:

1. The Committee notes that in two sectors of activity in which the minimum wage applies, a collective labour agreement, fixing occupational classifications with corresponding wage rates, has recently been signed.

2. Moreover, the Committee notes that Decision No. 266/CP of 17 April 1998, appended to the report submitted by the Government within the framework of the application of the Minimum Age (Industry) Convention, 1919 (No. 5) includes several provisions of a social nature. Section 4 of the text provides that "under reserve of more favourable contractual provisions, young workers receive a remuneration whose hourly rate is calculated according to age and is at least equal to: 25 per cent less of the statutory minimum hourly rate or the minimum hourly rate fixed by the collective agreement which is applied in the enterprise for the workers of the occupational category which corresponds to the position occupied, in respect of young persons who have reached 14 years of age" [and to] "35 per cent less of the statutory minimum hourly rate or the minimum hourly rate fixed by the collective agreement which is applied in the enterprise for the workers of the occupational category which corresponds to the position occupied, in respect of young persons who are aged between 15 and 16 years". The Committee notes that the above provisions introduce, in accordance with the age of the worker concerned, the possibility to earn a statutory minimum hourly rate or a minimum hourly rate which is 25 or 35 per cent less than the statutory minimum hourly rate or the minimum hourly rate fixed by the relevant collective agreement. In this respect, the Committee wishes to recall paragraph 171 of the General Survey of minimum wages of 1992 in which member States are requested to ensure that special attention is given to the provision of fair remuneration to young people, bearing in mind the principle of "equal pay for work of equal value", and on the basis of objective criteria such as quality and quantity of work carried out. The Committee would be grateful if the Government would indicate the measures taken or envisaged to review the question of the principle of differentiation of minimum wage rates in respect of age, in light of the principle of equal pay for work of equal value.

3. Finally, the Committee requests the Government to continue to provide, in accordance with Article 2, paragraph 1, of the Convention, read in conjunction with Article 5 and Part V of the report form, general information in respect of the practical application of the Convention in New Caledonia, in particular: (i) the development of minimum wage rates in force; (ii) relevant statistical data available in respect of the numbers and categories of workers who are covered by minimum wage rates; as well as (iii) the results of the inspections carried out (for example, the violations observed, the sanctions imposed, etc.).