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

Minimum Wage Fixing Convention, 1970 (No. 131) - France (Ratification: 1972)

Article 2 of the Convention. Lower minimum wage rates. Further to its previous comment, the Committee notes the Government’s indication that the Committee to Follow Branch Wage Negotiations, established in October 2006, is continuing its work of monitoring and supporting branches in which there is a certain backlog in wage negotiations. In this respect, the Committee notes that, according to the information provided by the Government, as of 31 December 2010, 89 per cent of branches in the general, metallurgy and building and public works sectors provided a first coefficient above or equal to the minimum wage (SMIC). However, it notes that, according to a study by the General Directorate of Labour (DGT), the proportion of branches with wage scales in accordance with the SMIC as of 31 May 2011 was no higher than 73 per cent, covering 8,740,000 employed persons (or 127 branches). The Committee also notes that, under the terms of Act No. 2008-1258 of 3 December 2008 to promote earnings from work, the SMIC is henceforth readjusted on 1 January each year, and no longer on 1 July, with a view to reinforcing the visibility of the social partners during the annual branch negotiations and facilitating the harmonization of branch minimum rates with the SMIC. The Committee requests the Government to provide further information on the reasons for the sudden decrease in the number of branch wage scales that are in conformity with the SMIC between December 2010 and May 2011, and on the impact of the Act of 3 December 2008 in the context of the action taken by the Government since 2005 to reduce the number of branches with backlogs in their wage negotiations.

The Committee also notes the explanations provided by the Government concerning the underlying objective of the maintenance of the system of the lower rates of the SMIC applicable to young workers, and the arrangements for its implementation. It further notes that apprentices and those with “assisted” contracts, which promote insertion or reinsertion into employment, such as the “single insertion contract” and the “professionalization contract”, are governed by specific provisions. The Committee notes in particular that, in the context of the “professionalization contract”, the employer undertakes to provide training to those covered by such contracts to enable them to acquire a vocational qualification and to provide them with employment for this purpose for the duration of the employment contract or the vocational action. It also notes that, under the terms of sections L6325-8, D6325-14 and D6325-15 of the Labour Code, young workers between the ages of 16 and 25 years, covered by a “professionalization contract”, receive remuneration that varies according to their age and level of training. The wage corresponds to 55 per cent of the SMIC for those under 21 years of age and 70 per cent of the SMIC for those aged 21 and above, and the rate is increased by 10 per cent when the person concerned has a level of training at least equivalent to the professional baccalaureate. Noting that the “professionalization contract” concerns workers included in an age range that goes well beyond 18 years and whose level of training varies considerably, the Committee requests the Government to provide further information on the necessity for the lower minimum wage rates that are applicable to these workers. It also requests the Government to indicate whether a review is envisaged of the circumstances that gave rise to this provision, in light of the principle of equal remuneration for work of equal value.

Article 4(3)(b). Participation of experts in the minimum wage-fixing machinery. The Government indicates in its report that Act No. 2008-1258 of 3 December 2008 to promote earnings from work envisages the creation of a group of experts on the minimum wage with responsibility for preparing an annual report on desirable adjustments to the SMIC, for the information of the National Commission for Collective Bargaining (CNNC) and the Government. It adds that the procedures for the designation of the members of this group of experts are determined by Decree No. 2009-552 of 19 May 2009. In this respect, the Committee observes that, under the terms of section 1 of the Decree, the group of experts shall be composed of five eminent persons selected by reason of their competence and experience in the economic and social fields and nominated by order of the Prime Minister upon the proposal of the ministers responsible for labour, employment and the economy. It further notes that the Order of 23 May 2009, issued under the Decree, designates the five members of the group of experts. The Committee wishes to recall that, in accordance with Article 4(3)(b) of the Convention, provision shall also be made for the participation in the operation of the minimum wage fixing machinery of persons having recognized competence for representing the general interests of the country and appointed after full consultation with representative organizations of employers and workers concerned. The Committee requests the Government to provide detailed information on the measures adopted, in law and practice, to ensure full consultation with representative organizations of employers and workers prior to the designation of the members of the group of experts.

Part IV of the report form. Court decisions. The Committee notes with interest the ruling of 13 July 2010 of the Social Chamber of the Court of Cassation, and the three rulings of the Criminal Chamber of the Court of Cassation, dated 15 February 2011, confirming that the flat-rate remuneration for pauses during the working day cannot be included in the earnings taken into account for the calculation of the SMIC. The Committee requests the Government to continue providing copies of any decisions by courts of law or other tribunals involving questions of principle relating to the application of the Convention.

Part V of the report form. Application in practice. The Committee notes that, according to the study of the Directorate for the Promotion of Research, Studies and Statistics (DARES), the adjustment of the SMIC on 1 January 2011 affected 10.6 per cent of employed persons (or 1.6 million employed persons). It also notes the statistics compiled by the Observatory of Penal Measures further to Labour Inspection (OSP), provided in the Government’s report, concerning the activities of the inspection services. The Committee notes in particular that between 2007 and 2010 there were 161 reports of contraventions of the regulations on minimum wages drawn up by the inspection services, or fewer than 1.5 per cent of all reports of contraventions. It further notes the statistical data concerning criminal prosecutions as a result of the contraventions reported. The Committee would be grateful if the Government would continue to provide general information on the application of the Convention in practice, including extracts from the reports of the labour inspection services, indicating the number of contraventions of the minimum wage legislation reported and the sanctions applied, as well as copies of official studies on issues relating to the minimum wage policy.