Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the information contained in the Government’s report and the attached documentation.

Article 2 of the Convention. The Committee notes the Government’s indication that the remuneration order regulations currently in force make no provision for the payment of wages in kind, and also that no authorization has been given nor request has been made to this effect under section 96(6) of the Industrial Relations Act. Should the Government intend to make use of this permissive provision in future, attention is drawn to the strict requirements of this Article of the Convention which provides only for the partial payment of minimum wages in the form of non-cash benefits that need to be appropriate and useful for the worker and his/her family and reasonably valued.

Article 3, paragraph 5. The Committee notes that in the last two years 13 permits have been granted in respect of workers employed in the sugar industry pursuant to section 98 of the Industrial Relations Act which allows for lower minimum wage rates to be applied to infirm and incapacitated persons. The Committee recalls once again that this should remain an exceptional measure designed to ensure adequate employment opportunities for the physically or mentally handicapped workers and that in principle the amount of remuneration should be determined on the basis of objective factors such as the quantity and quality of work performed.

Article 5 in conjunction with Part V of the report form. The Committee notes that according to the statistical information supplied by the Government, some 35,500 agricultural workers are presently covered by minimum wage regulations in the sugar, tea, field crop and orchard, and livestock sectors. It also notes that during the period from June 2002 to May 2004, there have been 276 inspection visits in agricultural undertakings. The Committee would be grateful to the Government for continuing to supply documented information on all aspects of the implementation and enforcement of the minimum wage legislation with respect to agricultural workers.

In addition, the Committee refers to the comments made under Convention No. 26.