Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with interest the report supplied by the Government in reply to its previous comments. It notes in particular the adoption on 12 August 2002 of Decree No. 2002-1791 fixing the guaranteed minimum agricultural wage (SMAG) at 6,259 dinars for each day actually worked for workers of both sexes aged at least 18 years.

Articles 1, paragraph 1, and 3, paragraph 4, of the Convention. The Committee notes the Government’s indication that Decree No. 96-1548 of 10 September 1996 makes no reference to the wage of young workers under 18 years of age, which means that they receive the SMAG in its entirety in the same way as adult workers. However, the Committee notes that, under section 1 of Decree No. 2002-1791 readjusting the SMAG, its rate is only applicable to workers who have reached the age of 18 years. It would be grateful to be provided with detailed information on the methods applicable to the fixing of the minimum wages in force for workers aged under 18 years, the rates that have been set and the number of such workers employed in agriculture. The Committee wishes in any case to refer to its General Survey of 1992, paragraph 176, in which it stated that it is necessary to re-examine regularly, in the light of the principle of equal remuneration for work of equal value, the reasons that prompted the adoption of lower minimum wage rates based on the age of workers instead of objective criteria such as the quantity and quality of the work carried out.

Article 2. The Committee notes with interest that under section 139(2) of the Labour Code, introduced in the amendments made by Act No. 96-62 of 15 July 1996, allowances in kind cannot in any event be deducted from minimum wages, which must therefore be paid exclusively in cash.

Part V of the report form. The Committee notes from the information provided by the Government that the number of agricultural workers paid at the rate of SMAG is currently estimated at 97,000 and it requests the Government to provide regularly full particulars, including information on the results of inspections carried out in the agricultural sector, taking into account the conditions obtaining in agriculture, so as to inform the Committee of the manner in which the Convention is applied in both law and practice.