Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 1 and 2 of the Convention. Scope of application of minimum wage rates. The Committee recalls its previous observation in which it had noted the comments made by the Private Sector Workers’ Front (FTSP) concerning the alleged abuses and overexploitation of workers in four economic sectors not yet covered neither by a wage Order nor by a collective agreement, namely the information and communication technology sector, the financial and other services sector, the seafood sector and the travel agents and tour operators sector. In its reply, the Government explains that with respect to the information and communication technology sector and the financial sector (including banks), it is not deemed necessary to have any (Remuneration Order) regulations since the wages prevailing in those sectors are not considered to be exceptionally low, and accordingly invokes the latitude afforded by Article 2 of the Convention to determine which trades or parts of trades should be covered by minimum wage legislation. As regards the sea food hub sector (fishing and processing), the Government indicates that the workers involved in fishing activities are either covered by the Banks Fisherman and Frigo Workers (Remuneration Order) Regulations of 1997 while workers employed by the processing plants are covered by either the Factory Employees (Remuneration Order) regulations or the Export Enterprises (Remuneration Order) Regulations, as the case may be. Finally, the Government indicates that upon the recommendation of the National Remuneration Board (NRB), draft (Remuneration Order) Regulations have been prepared for the travel agents and tour operator sector and they have been submitted to the State Law Office for vetting. Noting the Government’s detailed explanations, the Committee would be grateful if the Government would transmit a copy of the new regulations once they are issued.

Moreover, the Committee notes with satisfaction the adoption of the Employment Relations Act No. 32 of 2008 which repeals the Industrial Relations Act and which expressly provides in section 90(2) for the equal representation of employers’ and workers’ organizations in the operation of the tripartite National Remuneration Board – a point on which the Committee has been commenting for a number of years.