Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the information provided in the Government's report. It also notes the sections concerning the payment of wages in the report of the Commission of Inquiry appointed under article 26 of the Constitution of the ILO to examine the observance by Myanmar of the Forced Labour Convention, 1930 (No. 29).

Article 1, paragraph 1, of the Convention, in conjunction with Article 4. The Committee notes from the Government's report that the extension of the coverage relating to minimum wage fixing will be delayed for a while awaiting the enactment of the new labour law. It also observes that, according to the above Commission of Inquiry's report (paragraphs 473 to 475 and paragraph 512), local people in irrigation projects are denied remuneration and compensation, and are paid only in exceptional circumstances and then below market rates. The Committee recalls the obligation of the ratifying State, under Article 1, paragraph 1, of the Convention, to create and maintain a minimum wage fixing machinery for workers employed in certain of the trades or part of trades in which two conditions are fulfilled, namely: (i) the absence of arrangements for the effective regulation of wages by collective agreement or otherwise; and (ii) the existence of exceptionally low wages. The Committee requests the Government to indicate in which respect a minimum wage rate is applicable to local people in irrigation projects, and to indicate, in accordance with Article 4 of the Convention, the measures taken or contemplated: (i) to ensure, including by means of supervision, inspection and sanctions, that the employers and workers concerned are informed of the minimum wage rates in force and that wages are not paid at less than these rates in cases where they are applicable (Article 4, paragraph 1, of the Convention); and (ii) to ensure that a worker to whom the minimum rates are applicable and who has been paid at less than these rates shall be entitled to recover, by appropriate legal means, the amount by which he or she has been underpaid (Article 4, paragraph 2, of the Convention).

Article 1, paragraph 2, in conjunction with Article 3. The Committee requests the Government to indicate to what extent the employers' and workers' organizations are involved in the fixing, revision and extension of the minimum wage. It also asks the Government to provide a copy of the new labour law as soon as it is adopted.

[The Government is asked to report in detail in 1999.]