Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Repetition

Articles 1 and 3(2) of the Convention. Minimum wage-fixing machinery. Consultation of employers’ and workers’ organizations. Following its previous comments, the Committee notes with regret that the Government indicates in its report that the draft Ministerial Order determining the minimum wage has not yet been adopted. The Government also indicates that: (i) the draft Ministerial Order was discussed within the tripartite National Labour Council in 2018 and is presently still subject to consultation between all relevant stakeholders; and (ii) the negative impact of the COVID-19 pandemic on the labour market and the economy will also call for relevant assessments to be made. Recalling that the last adjustment to minimum wage rates was made in 1980, the Committee urges the Government to take the necessary measures to fix new minimum wage rates, including through the adoption of the Ministerial Order determining the minimum wage, without delay and in consultation with social partners.

Article 4. Sanctions. Following its previous comments, the Committee notes that the Government indicates that Section 23 of the Ministerial Order No. 001/19.20 of 17 March 2020 relating to Labour Inspection establishes the modalities of application of administrative fines for obstructing the work of the labour inspectorate, as provided under section 120 of the Labour Code. The Committee observes that neither the Labour Code nor the Ministerial Order provide for sanctions in the case of violations of provisions concerning minimum wages. The Committee once again requeststhe Government to take the necessary measures to put in place a system of sanctions, to ensure that wages are not paid at less than the minimum wage rates determined.