Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Angola (Ratification: 1976)

Other comments on C026

Observation

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2019

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Article 3(2)(2) of the Convention. Participation of the social partners in the operation of minimum wage-fixing machinery. In its report, the Government indicates that minimum wage rates are fixed by administrative regulations after consultation with the National Council of Social Dialogue (CNCS), whose new statutes have been approved by Presidential Decree No. 03/10 of 11 May 2010. The Committee notes that in practice, the study of the evolution of the minimum wage is entrusted to a 16-member Technical Group. It also notes that according to the December 2009 report of the Technical Group, there were difficulties in implementing the wage policy in force, especially since inflation stood at 13.99 per cent, whereas minimum wage was increased by only 3.28 per cent. The Committee requests the Government to specify the exact role of the CNCS and of the Technical Group in the operation of the minimum wage-fixing machinery and to transmit copies of any relevant texts that may have not been previously provided. Recalling that the minimum wage-fixing machinery must be set up and operated in full consultation with workers’ and employers’ representatives, the Committee requests the Government to provide further information on how it ensures that the social partners are associated in the operation of the minimum wage-fixing machinery in equal numbers and on equal terms, that they are genuinely given an opportunity to express their views in full knowledge of the facts, and that their views are given proper consideration before any final decision is made. The Committee also requests the Government to communicate a copy of Presidential Decree No. 03/10 of 11 May 2010.

Article 3(2)(3). Binding force of minimum wages. The Committee notes the adoption of Presidential Decree No. 64/10 of 14 May 2010 which sets the new national guaranteed minimum wage at 9,371 Kwanzas (AOA) per month (approximately US$100). It also notes that the minimum wage rate for the transport, services and industrial sectors has been raised to AOA11,714 per month (approximately US$125) and that for the commerce and mining industry to AOA14,057 per month (approximately US$150). The Committee notes, however, that under section 3 of Presidential Decree No. 64/10, undertakings unable to afford those new wage rates may ask the Provincial Directorate for Public Administration, Employment and Social Security for authorization to implement different wages, provided that they give proof of their insufficient economic and financial capacity. The Committee is obliged to recall, in this respect, that the principle of the binding force of minimum wages, or in other words, the principle that the minimum wage, once fixed, may not be abated, is a fundamental principle of this Convention, the only possible exception being provided for collectively agreed wage rates upon the prior authorization of the competent authority. The Committee therefore requests the Government to take appropriate action in order to bring its legislation into full conformity with this Article of the Convention. It also requests the Government to provide detailed particulars on the number of undertakings which would currently apply wage rates inferior to the national guaranteed minimum wage, the maximum period of derogations granted, any limits as to authorized minimum wage reductions and the number of workers who would be affected by those measures.

Article 4. System of supervision and sanctions. In the absence of the Government’s reply on this point, the Committee requests once again the Government to provide detailed information on the functioning of the inspection system which seeks to ensure the compliance with the national minimum wage legislation and to communicate a copy of the annual report of the General Labour Inspectorate.

Article 5 and Part V of the report form. Practical application. The Committee requests the Government to continue providing information on the application of the Convention in practice, in particular statistics on the number of workers covered by the minimum wage legislation, extracts from reports of inspection services indicating the infringements reported and the penalties imposed, and copies of official surveys or reports on issues related to the minimum wage policy.

Finally, the Committee takes this opportunity to recall that, based on the recommendations of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remain relevant in certain respects (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Committee, therefore, suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage-fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.