Who should set them?
What is "consultation"
The principle that there should be full consultation and participation, on a basis of equality, of social partners in establishing, operating and modifying the minimum wage machinery is one of the pillars of Convention No. 131 and the Minimum Wage Fixing Recommendation, 1970 (No. 135).
In its General Survey 2000 on tripartite consultation, the ILO Committee of Experts on the Application of Conventions and Recommendations specified that consultation implies more than merely sharing information, without implying a joint decision-making process. This is different from “negotiation”, which implies that the objective of the different parties is to reach an agreement. The consultations required under the term of the Convention are intended to assist the competent authority in taking a decision – rather than lead to an agreement.
The ILO considers that – to meet the requirement of Convention No. 131 – employers’ and workers’ organizations should be fully consulted. The existence of a formal consultation procedure is not sufficient to meet this requirement. Steps should be taken to ensure that concerns and arguments put forward by social partners are really taken into account. This implies that consultation must take place before decisions are taken and that the representatives of the employers’ and workers’ organizations should be provided with full and pertinent information.
In its General Survey 2000 on tripartite consultation, the ILO Committee of Experts on the Application of Conventions and Recommendations specified that consultation implies more than merely sharing information, without implying a joint decision-making process. This is different from “negotiation”, which implies that the objective of the different parties is to reach an agreement. The consultations required under the term of the Convention are intended to assist the competent authority in taking a decision – rather than lead to an agreement.
The ILO considers that – to meet the requirement of Convention No. 131 – employers’ and workers’ organizations should be fully consulted. The existence of a formal consultation procedure is not sufficient to meet this requirement. Steps should be taken to ensure that concerns and arguments put forward by social partners are really taken into account. This implies that consultation must take place before decisions are taken and that the representatives of the employers’ and workers’ organizations should be provided with full and pertinent information.