Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the information provided in the Government’s report and the attached documentation, in particular the adoption of the new Labour Code (Act No. 12 of 2003) and of Decree No. 983 of 2003, on the establishment of a National Council for Wages. It requests the Government to supply further information on the following points.

Article 1 of the Convention. The Committee notes that the new Labour Code does not apply to public servants and domestic service workers. In this regard, the Committee requests the Government to specify whether Act No. 53 of 1984, on fixing the minimum wage in the public and Government sectors is still in force, or whether the newly established National Council for Wages is mandated to determine minimum wages also for the public sector. The Committee would also appreciate if the Government would give some indications on the minimum wage applicable to domestic employees who fall outside the coverage of the Labour Code.

Article 3. The Committee notes that, under section 34 of the new Labour Code and section 3 of Decree No. 983, the minimum wages at the national level are set taking into account the cost of living. It asks the Government to give full particulars on how the cost of living is indexed in practice, and also to specify whether other factors, such as productivity or unemployment, are taken into consideration in determining minimum wages.

Article 4. The Committee notes that the National Council for Wages is chaired by the Minister of Planning and includes, among its members, an equal number of employers’ and workers’ representatives. It also notes that the Council’s principal functions are: to set minimum wages at the national level; consider methods and measures to guarantee the balance between wages and prices; determine the structure of wages for the different occupations and sectors to achieve a balanced income distribution at the national level; identify problems and defects in wage policies; formulate the national policy and comprehensive national programmes on wages and on the general level of prices and living standards; and to carry out studies at the national level for reconsideration of the minimum wages and periodic proposals made at least every three years.

The Committee understands that the National Council for Wages held its first meeting in September 2003 but appears not to have as yet determined the national minimum wage. The Committee requests the Government to provide additional documented information on the activities of the Council and any progress made in fixing minimum wage rates.

Article 5 and Part V of the report form. While noting the statistical information provided by the Government on the estimates of minimum and maximum wage levels by occupation and branch of economic activity, the Committee would thank the Government for continuing to supply up to date information on the practical application of the Convention, including for instance: (i) the currently applicable national minimum wage rates, as may have been set by the National Council for Wages, including the minimum wage applicable to workers employed in free zones; (ii) the approximate number of workers covered by the minimum wage legislation, or remunerated at the minimum wage rate; (iii) detailed labour inspection results showing the number of inspection visits conducted, violations reported and sanctions imposed; (iv) statistics on the evolution of minimum wage rates in recent years as compared to the evolution of economic indicators, such as inflation, in the same period; and (v) copies of official studies, such as annual reports of the National Council for Wages, related to the minimum wage system.