Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Minimum Wage Fixing Convention, 1970 (No. 131) - New Caledonia

The Committee notes the information contained in the Government’s report and the attached documentation. It notes in particular the adoption of Act No. 2000-006 of 15 January 2001 concerning the guaranteed minimum wage and the guaranteed minimum agricultural wage. The new legislation provides for the automatic indexation of the guaranteed minimum wage (SMG) to the evolution of the official cost of living index whereas the guaranteed minimum agricultural wage (SMAG) is fixed, as from 1 January 2003, at 85 per cent of the SMG rate. The Committee also notes Orders No. 2003-1465/GNC of 28 May 2003 and No. 2003-1755/GNC of 3 July 2003 which last fixed the hourly SMAG and SMG rates at 508.99 XPF and 611.90 XPF, respectively.

Article 2, paragraph 1, of the Convention. The Committee recalls its previous comments regarding the minimum hourly rate for young workers which may be from 25 to 35 per cent less than the statutory minimum hourly rate or the minimum hourly rate fixed by the relevant collective agreement. Noting that the Act of 2001 on the guaranteed minimum wage and the guaranteed minimum agricultural wage does not introduce any modifications to section 4 of the Decision No. 266/CP of 17 April 1998 which provides for lower minimum wage rates for young workers, the Committee understands that the law remains unchanged in this respect. The Committee is therefore bound to reiterate its position on this subject and to refer to paragraphs 169-181 of its 1992 General Survey on minimum wages where it indicated that, even though the minimum wage instruments contain no provisions providing for the fixing of different minimum wage rates on the basis of such criteria as sex, age or disability, the general principles laid down in other instruments have to be observed in order to prevent any discrimination on grounds, inter alia, of age, and particularly the principles contained in the Preamble to the Constitution of the ILO, which specifically refers to the application of the principle of "equal remuneration for work of equal value". With regard to age, paragraph 171 of the above General Survey specifies that the quantity and the quality of work carried out should be the decisive factor in determining the wage paid. The Committee considers that, even though the Convention does not forbid the determination of lower minimum wage rates for young workers, the measures in this respect should be taken in good faith and should incorporate the principle of equal remuneration for work of equal value, while the reasons that may have prompted the adoption of lower minimum wage rates for groups of workers on account of their age should be regularly re-examined in the light of this principle. The Committee therefore requests the Government to provide information in future reports on any developments relating to the issue of the differentiated minimum wage rates based on age and hopes that the Government will consider appropriate measures to ensure the full application of the principle of "equal remuneration for work of equal value".

Article 5 and Part V of the report form. The Committee notes the detailed information provided by the Government regarding the wage scales applicable to different branches of economic activity and occupational categories. The Committee would appreciate if the Government could continue providing up-to-date and detailed information regarding the application of the Convention in practice, including for instance, statistics on the number of workers covered by relevant legislation, the evolution of the SMG and SMAG rates, copies of any collective agreements fixing or revising minimum wage rates, extracts from labour inspection reports indicating the number of violations of minimum wage provisions and the penalties imposed, as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.