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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Adjustment of minimum wages. The Committee notes the adoption of territorial Act No. 2011-15 of 4 May 2011 concerning the codification of labour law, attached to which is the territorial Acts section of the Labour Code of French Polynesia and which repeals Decision No. 91-5 AT of 17 January 1991 concerning wages, which previously implemented the Convention. It notes that the procedures for the fixing and periodic adjustment of the guaranteed interoccupational minimum wage (SMIG), which are now fixed by sections Lp.3322-1 to Lp. 3322-4 of the Labour Code of French Polynesia, remain unchanged. The Committee further notes that the SMIG was last adjusted on 1 September 2011, its current level being 884.56 CFP francs (€7.41).

Further to its previous comment, the Committee notes the Government’s indications concerning the Te Autaeaeraa programme, which has provided since 1 January 2006 for each worker to be paid an employment bonus by the employer in addition to wages, the hourly amount of such a bonus being CFP35.5 (€0.30). The Committee requests the Government to indicate whether other more recent measures have been adopted in the context of this programme and, if so, to provide further information on this matter.

Moreover, the Committee notes that section Lp.3322-3 of the Labour Code of French Polynesia stipulates that the SMIG shall be fixed by order adopted in the Council of Ministers in the light of fluctuations in the consumer price index established by the Territorial Institute for Statistics. The Committee requests the Government to indicate whether it plans to take account of other economic indicators in the adjustment of the SMIG. The Committee refers to the legislation applicable in metropolitan France and also in the overseas departments and in certain overseas collectivities, which also provides for an adjustment of the minimum wage in the light of growth in purchasing power of the hourly wage for manual work (SHBO), the SMIG now having been replaced by the SMIC as the interoccupational minimum wage.

Finally, the Committee notes that territorial Act No. 2006-17 of 26 June 2006 has established a minimum wage adjustment support mechanism (DARSE), in the form of financial assistance paid by French Polynesia to employers for each worker who is paid below a certain level. The Committee requests the Government to supply information on the implementation of this mechanism and on the results achieved. The Government is also requested to send a copy of any report published by the DARSE observatory on its activities.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the application of the Convention in practice, including extracts from reports of the labour inspection services showing the number of infringements of the legislation regarding the minimum wage which have been recorded and the penalties imposed, and also, if applicable, copies of statistical or other surveys conducted with a view to adjustment of the SMIG.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Adjustment of minimum wages. The Committee notes that on 1 January 2006 the SMIG was 775.15 CFP francs (or around 6.50 euros) an hour. It further notes the Government’s indication that it has embarked upon a specific policy to increase the minimum wage accompanied by measures to prevent inflation in the context of a programme entitled Te Autaeaeraa (solidarity), and that the SMIG was due to be raised once again in January 2007 and again in January 2008. The Committee requests the Government to provide all the additional information available on the implementation of the Te Autaeaeraa programme.

Part V of the report form. The Committee notes the Government’s indications that the supervision carried out following the latest increase in the SMIG showed that it had been applied correctly by all enterprises. It also notes that over one third of all employed persons covered by the Social Insurance Fund are paid either at the rate of the SMIG or at a slightly higher rate. It requests the Government to continue providing a general appreciation on the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services following supervision of the compliance of the minimum wage legislation. The Committee also notes the indications provided by the Government in its report according to which any observations made by the representative organizations of employers and workers will be forwarded in the near future, accompanied by the summary of the tripartite meeting during which the report is presented. The Committee requests the Government to provide a copy of the summary of this tripartite meeting, as well as any observations made by employers’ and workers’ organizations on this subject.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 3 of the Convention. Adjustment of minimum wages. The Committee notes with interest that the guaranteed minimum interoccupational wage (SMIG) was readjusted in May and December 2004, as well as in January 2006. It notes in this respect that the SMIG was 775.15 CFP francs (or around 6.50 euros) an hour on 1 January 2006. It further notes the Government’s indication that it has embarked upon a specific policy to increase the minimum wage accompanied by measures to prevent inflation in the context of a programme entitled Te Autaeaeraa (solidarity), and that the SMIG was due to be raised once again in January 2007 and again in January 2008. The Committee requests the Government to provide all the additional information available on the implementation of the Te Autaeaeraa programme.

Article 4, paragraph 3(a). Consultation of employers’ and workers’ organizations. The Committee notes the Government’s indication in reply to its previous comment that the Commission on the Retail Price Index no longer exists. It further notes that, under the terms of section 24 of resolution No. 91-5 of 17 January 1991 respecting wages, it is compulsory to consult the Economic, Social and Cultural Council where the planned adjustment of the SMIG is initiated by the Government and is unrelated to an automatic adjustment triggered by a 2 per cent price rise.

Part V of the report form. The Committee notes the Government’s indications that the supervision carried out following the latest increase in the SMIG showed that it had been applied correctly by all enterprises. It also notes that over one third of all employed persons covered by the Social Insurance Fund are paid either at the rate of the SMIG or at a slightly higher rate. It requests the Government to continue providing a general appreciation on the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services following supervision of the compliance of the minimum wage legislation. The Committee also notes the indications provided by the Government in its report according to which any observations made by the representative organizations of employers and workers will be forwarded in the near future, accompanied by the summary of the tripartite meeting during which the report is presented. The Committee requests the Government to provide a copy of the summary of this tripartite meeting, as well as any observations made by employers’ and workers’ organizations on this subject.

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

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.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the detailed information contained in the Government's report. It requests the Government to provide, in accordance with Article 2, paragraph 1, of the Convention, read in conjunction with Article 5 and point V of the report form, general information in respect of the application of the Convention in the Department of French Polynesia and, in particular, the statistical data which is available in respect of the number and different categories of workers covered by the minimum wage (SMIC), the results of inspections carried out (for example, the violations observed, the sanctions imposed, etc.).

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's first report and requests it to supply information on the following points.

Article 1, paragraph 2, of the Convention. The Committee notes that, in accordance with section 20 of Act No. 86-845 of 17 July 1986, a minimum inter-occupational guaranteed wage is introduced. In accordance with section 1 of this Act, its provisions apply to all employees who exercise an activity in the territory but do not apply, unless provisions to the contrary are adopted, to public authorities. The Committee requests the Goverment to indicate the measures that have been taken or are envisaged to establish a system of minimum wages which apply to public authorities.

Article 2, paragraph 1. The Committee notes that, in accordance with section 224 of the Overseas Labour Code of 15 December 1952, which will remain in force until the publication of the decisions of the Territorial Assembly to implement Act 86-845, in accordance with section 126 of the Act, non-observance of collective agreements determining wages is enforceable with sanctions. The Committee requests the Government to indicate the measures that have been taken or are envisaged to guarantee that minimum wages other than those determined by collective agreement have the force of law and are not subject to abatement, and to establish the sanctions applicable in the event of non-observance of minimum wages.

Article 2, paragraph 2. The Committee notes that wages are negotiated annually within the context of collective agreements and that nine sectors are currently covered by collective agreements. The Committee requests the Government to indicate the number and categories of workers whose wages are determined by collective agreement and, if appropriate, to specify the extent to which these are workers who are also covered by the minimum wages system.

Article 3. The Committee notes, from the information supplied by the Government, that the guaranteed minimum inter-occupational wage is determined as a function of the fluctuations in the retail price index for family consumption. When this index reaches a level that is equivalent to an increase of at least 2 per cent in relation to the index employed for the determination of the previous minimum wage, the minimum wage is increased by the same proportion. It also notes that, according to Decision No. 1150/TLS of 30 November 1982, which is issued under section 126 of Act No. 86-845, the retail price index for family consumption is to be established by the Territorial Statistics Institute. The Committee requests the Government to indicate whether this index has been established and whether account was taken of the various elements enumerated in Article 3(a) and (b) in cases where minimum wages have been fixed.

Article 4, paragraph 1. The Committee notes that, in accordance with section 20 of Act No. 86-845, minimum wages are determined after consulting the representative occupational and trade union organisations of employers and employees at the territorial level. The Committee also notes, from the information supplied by the Government, that the last decision fixing minimum wages dates from 30 November 1982 (Decision No. 1150/TLS) and that no text has been adopted under section 20 of Act No. 86-845 of 17 July 1986. The Committee requests the Government to indicate the measures that have been taken to implement the procedures that have been adopted to fix and adjust minimum wages. It also requests the Government to supply information on the minimum wages that were fixed or adjusted after 1983 and during the period covered by the next report.

Article 5 and point V of the report form. The Committee requests the Government to supply extracts from the reports of labour inspectors and supervisors responsible for controlling the application of minimum wages and the application of the sanctions that are provided for in the event of the non-observance of minimum wages.