Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 131) sur la fixation des salaires minima, 1970 - Yémen (Ratification: 1976)

The Committee notes the information contained in the Government’s report, in particular, the promulgation of Act No. 43 of 18 June 2005 concerning the system of jobs, salaries and wages. As this text is not available at the Office, the Committee would appreciate receiving a copy.

Articles 1 and 4 of the Convention. The Committee notes that, under section 55 of the Labour Code of 1995, the minimum wage payable to a worker may not be less than the minimum wage paid by the state administration. It also notes that, according to the Government’s report, section 38(a) of Act No. 43 of 2005 defines the minimum wage as being the sum of money which corresponds to the first step of the salary scales applicable to civil servants. The Government adds that it is the Civil Service Ministry which is the competent body for establishing and readjusting minimum wages. Given therefore that by fixing the minimum wage for the public sector the Government also establishes the minimum wage for the private sector, the Committee requests the Government to explain how it is ensured in law and in practice the full consultation and the direct participation of the most representative employers’ and workers’ organizations in the minimum wage-fixing process. The Government is also requested to specify the exact function of the tripartite Labour Council, provided for in section 11 of the Labour Code, in view of the fact that the Labour Code expressly excludes from its coverage employees of the state administration and the public sector.

Moreover, the Committee has been commenting for many years on the manner in which minimum wages are determined for those categories of workers who remain outside the scope of the Labour Code by virtue of section 3(2) thereof, in particular, casual workers, domestic servants and agricultural workers. The Committee recalls that the Government had previously reported that Ministerial Orders were under preparation to regulate the status of these categories of workers which would include provisions on minimum wage fixing. The Committee asks the Government to keep it informed of any progress made in this respect.

Article 5 and Part V of the report form. The Committee notes the Government’s statement that no data are available on labour inspection results. The Committee requests the Government to supply up to date information on the practical application of the Convention, including for instance: (i) the number of labour inspections that have been made annually; (ii) the approximate number of workers covered by the minimum wage legislation, or remunerated at the minimum wage rate; (iii) the minimum wage rates in force; (iv) statistics on the evolution of the minimum wage in recent years as compared to the evolution of economic indicators, such as the inflation rate, in the same period; and (v) copies of official documents, such as annual reports of the Labour Council, bearing on the operation of the minimum wage system or on wage policy issues.