Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that, by virtue of Decree No. 2007-2080 of 14 August 2007, the guaranteed minimum agricultural wage (SMAG) was increased as from 1 July 2007 to 7.3 dinars (approximately US$6) per day for agricultural workers, 7.8 dinars (approximately US$6.4) per day for specialized agricultural workers and 8.2 dinars (approximately US$6.7) per day for skilled agricultural workers.

Article 1(1) and Article 3(3) and (4) of the Convention. Tripartite consultations and binding force of the minimum wage. The Committee notes that, according to section 1 of the abovementioned Decree, the new SMAG rate applies to workers of both sexes aged at least 18 years. It also notes the Government’s indication that, despite the wording of this provision, in reality all young workers above 16 years of age are paid at least at the SMAG rate, given that the minimum age for admission to employment, including agriculture, is 16 years. The Committee requests the Government to indicate the measures it intends to take in order to bring national legislation into line with practice. Moreover, the Committee would be grateful if the Government would provide additional information on the institutional framework within which the tripartite consultations on minimum wage levels are held and the procedural rules governing such consultations. The Committee would be interested, in particular, in receiving specific information on the criteria used for the readjustment of the SMAG or the possible preparation of periodic national surveys on national economic conditions for this purpose.

Part V of the report form. The Committee notes the 2006 annual report of the Labour Inspectorate, indicating that the inspection services conducted 709 visits in the agricultural sector (2.41 per cent of all visits), resulting in 35 cases of non-compliance being administratively sanctioned and five cases giving rise to judicial proceedings. It would appreciate if the Government would continue to provide up to date information on all aspects regarding the operation of the minimum wage fixing machinery in agriculture and the enforcement of the minimum pay rates in force. 

In addition, the Committee requests the Government to refer to the comments made under Convention No. 26.