Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Belgium (Ratification: 1937)

Article 1(1) of the Convention. Differing minimum wage rates based on age. In reply to the Committee’s previous comment, the Government states in its report that, pursuant to the implementation of the European Directive 2000/78/EC under the Act of 10 May 2007 aimed at combating certain forms of discrimination, the sliding scales of pay based on age were replaced, in various sectors, by scales linked to experience or seniority. It nevertheless points out that within sectoral joint committees, 73 per cent of jobs are still affected by the application of the scales and that the Collective Labour Agreement No. 50 of 29 October 1991, which establishes sliding wage rates applying to workers under 21 years of age, is intended to govern all the situations not regulated by these joint committees. In this respect, the Committee notes that a Bill on abolishing the varying monthly average guaranteed minimum wage level (RMMMG) based on age was submitted to the Senate at the end of 2010. The Committee requests the Government to provide specific information on the follow-up to this Bill.

Articles 3(2)(3) and 5. Binding nature of minimum wage rates. The Committee notes that, pursuant to articles 1 and 3(1) of the Collective Labour Agreement No. 43, full-time workers of 21 years of age or over are entitled to the RMMMG, irrespective of their branch of activity and, consequently, of the joint committee covering them. However, according to the information contained in the Government’s report, which makes a comparison between the minimum sectoral wage rates and the RMMMG, a number of sectors have established minimum wages lower than the RMMMG; the negative wage differential may be as high as 19 per cent (large shops) and even 23 per cent (paper/cardboard processing). The Committee notes the Government’s explanations that, in the sectors in question, many collective labour agreements are still concluded at enterprise level and that, overall, the number of jobs concerned is limited (5 per cent of the total number of jobs). It nevertheless requests the Government to provide fuller information on the fixing of sectoral minimum wages that are lower than the RMMMG and, in particular, on the difficulties that workers might encounter when they are paid especially low minimum wage rates.

Part V of the report form. Practical application. The Committee takes note of the detailed information provided in the report and its appendices. It notes in particular that, according to a study conducted by the Federal Planning Bureau, the number of workers paid at the minimum sectoral wage rate accounted for between 3 and 6 per cent in the fourth quarter of 2008, whilst between 0.6 and 1.2 per cent of workers were paid the RMMMG. The Committee requests the Government to continue providing updated information on the way in which the Convention is applied in practice, indicating, for example, the minimum wage rates enforced as well as the number and different categories of workers to which the minimum wage rate regulations apply; the Government is also requested to communicate copies of extracts from reports of the inspection services specifically concerning violations linked to the payment of the minimum wage and measures taken to counter this tendency, as well as any official documents or studies on matters of wage policy that would make it possible to assess the way in which the Convention is applied.

Finally, the Committee takes this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body on the basis of recommendations made by the Working Party on Policy regarding the Revision of Standards (document GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Governing Body considered that Conventions Nos 26 and 99 belonged to the category of instruments that were no longer entirely up to date, even if they remained relevant in certain respects. The Committee therefore suggests that the Government examine the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), that has made some progress compared to previous instruments on minimum wage fixing by providing, for example, for a wider scope, the introduction of a generalized minimum wage system and the adoption of certain criteria determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this respect.