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

Minimum Wage Fixing Convention, 1970 (No. 131) - French Polynesia

The Committee notes the detailed information provided by the Government in its report. It notes in particular the adoption of Order No. 512 CM of 17 April 2002 adjusting the guaranteed minimum interoccupational hourly wage (SMIG) as of 1 April 2002, to 627.13 CFP. The Government is requested to provide further information on the following points.

Article 4, paragraph 3(a), of the Convention. The Committee notes that under section 20 of Act No. 86-845 of 17 July 1986, as amended, the system of the SMIG is determined after the occupational organizations and representative organizations of employers and employees at the national level have issued their opinion. The Committee also notes that the level of the SMIG is automatically adjusted when the retail price index for family consumption determined by a commission of the same name, on which organizations of employers and workers are represented on an equal footing, rises by two per cent or more. The Committee also notes that, on the occasion of the previous increase of the SMIG, introduced by Order No. 565 of 25 April 1999, the Economic, Social and Cultural Council, the members of which include equal numbers of employers’ and workers’ representatives, was consulted. In this respect, the Committee would be grateful if the Government would indicate the cases in which the Economic, Social and Cultural Council has to be consulted for the purpose of determining minimum wage rates, together with a copy of the legal instruments setting forth its competence in this respect, and would also indicate the texts setting out the competence and composition of the Commission on the Retail Price Index for Family Consumption together with a copy thereof.

Article 5 and Part V of the report form. While noting the information provided by the Government in reply to its previous comments, the Committee requests the Government to continue providing information in future, including any available statistics on compliance with the regulations respecting the SMIG and the number of workers receiving the guaranteed minimum interoccupational wage, as well as any other information that could demonstrate to the Committee the manner in which the Convention is applied in both law and practice.