Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - South Africa (Ratification: 1932)

Article 3, paragraph 2(1) and (2), of the Convention.

1. With reference to the previous comments concerning the equality between employers and workers as to consultation and association in the minimum wage fixing, the Committee notes that the Government cites some provisions of the Wage Act, 1957, concerning the appointment of assessors to assist the Wage Board during the investigation of a particular trade. The Committee notes that, although these provisions require the number of assessors to represent the employers to be equal to that of the workers, the appointment of such assessors itself is not mandatory. It therefore requests the Government to indicate whether, in practice, the equal number of assessors representing the employers and the workers have been appointed under these provisions.

2. In the previous comments, the Committee requested the Government for detailed information on the consultations with the employers and workers regarding the minimum wage fixing in pursuance of proposals by employers under section 51A of the Labour Relations Act, 1956, as amended in 1981. The Government indicates that the policy of the Minister of Manpower in exercising the powers under this section is that the industry concerned must be sufficiently organized and that the parties concerned are sufficiently representative. It further states that in all cases where possible known trade unions are consulted. The Committee notes these indications. It would point out that section 51A of the said Act which empowers only the employers to submit such proposal that initiates one of the minimum wage fixing procedures does not appear to meet the requirement of the provision of the Convention that the employers and workers concerned should be associated in the operation of the machinery "in equal numbers and on equal terms". The Committee also recalls that, as it has pointed out in paragraph 203 of the General Survey of 1992 on Minimum Wages, one of the reasons advanced for the adoption of the Convention was the lack of organization of workers or the weakness of their organizations. Given, in addition, the terms used in these provisions (i.e. "representatives of the employers and workers concerned" (Article 3, paragraph 2(1)), and "the employers and workers concerned" (paragraph 2(2))), the fact that the workers are not sufficiently organized cannot be considered as a valid reason for not consulting the workers concerned. The Committee therefore requests the Government to indicate any measures taken or envisaged to bring the provisions of section 51A of the above-mentioned Act and their practical application into conformity with these requirements of the Convention. It would also be grateful to the Government for supplying information on the results of minimum wage fixing through this procedure, including the numbers of workers covered and the minimum rates fixed in accordance with Article 5.

Article 3, paragraph 2(3). Noting the Government's indication that during the period covered by the report no exemptions from the requirement to pay minimum wages were granted under section 51A(5) of the Labour Relations Act, the Committee requests the Government to continue supplying information on this matter in future reports.