Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Cook Islands (Ratification: 2015)

The Committee takes note of the information provided by the Government in its first report.

Articles 1 to 4 of the Convention. Minimum wage system. The Committee notes that the Employment Relations Act of 2012 (ERA) and the Employment Relations (Review of Minimum Rate of Pay) Regulations of 2013 provide for the minimum wage-fixing machinery. The minimum rate or rates of pay are set by ministerial regulations. They are reviewed annually by a tripartite Review Panel. The Employment Relations (Minimum Rate of Pay) Regulations 2018 set the minimum wage rate applicable to all employees as of 1 July 2018.

The Committee further notes that no specific sanctions are provided for in the ERA in relation to the non-payment of wages. In this regard, the Committee draws the Government´s attention to Article 4 (1), which provides that compliance measures shall include such sanctions as may be necessary and appropriate in the country. The Committee requests the Government to provide information on the sanctions applicable in case of non-payment of the minimum wage as well as their application in practice.