Chapter II. Minimum wage fixing machinery

A. General observations

95. Conventions Nos. 26 and 99 stipulate that ratifying States undertake to create or maintain machinery whereby minimum wages can be fixed (Article 1, paragraph 1). To fulfil this obligation, the ratifying State must therefore take the necessary and appropriate measures to be able to intervene effectively when these wages are being fixed. However, these Conventions do not actually require the fixing of these wages; although, as mentioned above, (Endnote 1) minimum wage fixing machinery is only effective if it actually allows minimum wage rates to be fixed. Furthermore, this obligation to create machinery is neither general nor absolute; it is dependent upon various conditions as to its scope (Endnote 2) and limited as to its coverage. (Endnote 3)

96. Convention No. 131 not only stipulates that States which ratify this instrument are bound to establish minimum wage fixing machinery, but that these wages must actually be fixed (Article 1, paragraph 1, and Article 4, paragraph 1). The scope and coverage of this provision is in general unlimited, (Endnote 4) and both include and go beyond what is provided in Conventions Nos. 26 and 99.

97. Article 1, paragraph 1, of Convention No. 26 clearly indicates that the ratifying State is under no obligation whatsoever to create or maintain minimum wage fixing machinery if wages may be effectively fixed by collective agreement. The question does not therefore arise as to whether collective agreements constitute minimum wage fixing machinery or not, given that the States having ratified this Convention do not undertake "to create or maintain machinery whereby minimum rates of wages can be fixed for workers employed in certain of the trades or part of trades (and in particular in homeworking trades)" unless "no arrangements exist for the effective regulation of wages by collective agreement or otherwise, and wages are exceptionally low" (Article 1, paragraph 1) (emphasis added).

98. In the case of Convention No. 99, the obligation of States ratifying this instrument to create or maintain "adequate machinery whereby minimum rates of wages can be fixed for workers employed in agricultural undertakings and related occupations" (Article 1, paragraph 1) is not subject to any conditions. A State is therefore perfectly within its rights to fix minimum wages by means of collective agreement, especially since paragraph 1 of Article 2 specifically stipulate that collective agreements may authorise the partial payment of minimum wages in kind.

99. Between the adoption of Convention No. 99 and that of Convention No. 131, another Convention was adopted: the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), in which it is stipulated that "the fixing of minimum wages by collective agreements freely negotiated between trade unions which are representative of the workers concerned and employers or employers' organisations shall be encouraged" (Article 10, paragraph 1).

100. The instruments adopted in 1970 clearly permit the fixing of minimum wages by collective agreement. Article 2, paragraph 2, of Convention No. 131 states that, subject to certain provisions, freedom of collective bargaining must be fully respected. These provisions, contained in paragraph 1 of the same Article, are that minimum wages should have: (a) the force of law; (b) not be subject to abatement; and (c) that failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions. (Endnote 5) Furthermore, Recommendation No. 135 states that minimum wages may be fixed by, among other things, giving the force of law to collective agreements (Paragraph 6).

101. In this respect, the Committee points out that the legislation of a number of countries specifically provides that the clauses of collective agreements are binding for the parties having signed them and that infringements will be penalised in all cases. Consequently, collective agreements may be said to constitute minimum wage fixing machinery in the sense of these Conventions. This clearly emerged from the discussions that took place in the Committee on Minimum Wage at the International Labour Conference in 1970. (Endnote 6)

102. Now that the obligations are incumbent upon the ratifying States as regards the establishment of minimum wage fixing machinery and the actual fixing of these wages have been determined, it is time to examine how minimum wage fixing machinery has been established, the exclusions from their coverage, and the types of existing machinery.

B. Establishment of minimum wage fixing machinery

1. National constitutional provisions

103. National constitutional provisions are either limited to including the minimum wage among the rights of workers or provide as well for the way in which this wage should be fixed. In the first case, these provisions do not establish a minimum wage fixing machinery in the strict sense of the term; however, this machinery is normally the direct consequence of these provisions in so far as minimum wages are fixed as a result of this constitutional obligation. This is the case, for example, in Argentina, (Endnote 7) Bulgaria, (Endnote 8) Colombia, (Endnote 9) Guatemala, (Endnote 10) Panama (Endnote 11) and Portugal (Endnote 12). In other cases, the Constitution not only recognises the right of workers to a minimum wage (the composition of which is usually defined in the text of the constitution), but also describes the wage fixing machinery that should be used. This example may be found in Brazil, (Endnote 13) Honduras, (Endnote 14) Mexico (Endnote 15) and Yugoslavia. (Endnote 16) In all cases, the constitutional provisions relating to minimum wage fixing machinery are supplemented by other legislation.

104. Consequently, even if constitutions provide for a minimum wage and sometimes even define how it is to be fixed, no machinery should be considered as established unless appropriate legislation has been adopted to apply the constitutional provisions. The Committee does not feel that it has to insist here upon the distance which may exist between a constitutional principle and its application.

2. Legislative provisions

105. The establishment of minimum wage fixing machinery is often provided for in the Labour Code or other laws, either in the absence of any constitutional provision (Endnote 17) or in application of such a provision. (Endnote 18) In countries in which this machinery is established by legislation, one and the same legal text might regulate all matters concerning the fixation of minimum wages; (Endnote 19) or these matters might be subject to a series of legal texts with different coverage, even if two or more texts cover the establishment of the same machinery. (Endnote 20) When these provisions are contained in the Labour Code, they are sometimes supplemented by regulations, decrees, legislative decrees and other regulations. This is due to the fact that the Labour Code does not always apply to all workers and sometimes excludes a number of them from its coverage; for example, agricultural workers, homeworkers and other categories of workers. There may be total exclusions, in which case there is no minimum wage fixing machinery at all, (Endnote 21) or other legal texts may define the machinery to be applied.

C. Exclusions

106. The Committee recalls that, as it has already pointed out in Chapter I, the coverage of the three instruments examined here is not the same.

1. Groups or categories of persons excluded

107. The available information shows that general legislation sometimes excludes certain groups or categories of persons from the application of minimum wages. In some cases this exclusion is not absolute. For instance, public servants or seafarers are usually covered by special legislation, but very few governments have provided any information on this.

108. Generally speaking, although the legislation relating to the fixing of minimum wages excludes certain groups or categories of persons from its coverage, this does not mean that they are not covered by other provisions. Given the wide range of exclusions provided for in the legislation of various countries, the Committee will only refer to a certain number of them. Furthermore, in some countries, the competent authorities may authorise other exceptions. (Endnote 22) It should also be noted that in States with a federal system, the exclusion of certain groups or categories at federal level does not necessarily imply that no minimum wage is applied to them; indeed, the legislation of constituent states or provinces in States with a federal system might fill the gap. In the United States, for example, some groups of workers are specifically excluded from the coverage of federal legislation on minimum wages; but the legislation of some constituent States or territories guarantees these workers protection in this area.

109. An examination of the legislation in various countries indicates that exclusions may apply to the following groups or categories of persons: older workers, for example in Chile (Endnote 23) and the Netherlands; (Endnote 24) disabled workers, for example in Chile (Endnote 25) and Japan; (Endnote 26) persons working in non-profit-making institutions, such as religious, philanthropic, political, patriotic or charity institutions or rehabilitation centres, for example in Canada (Endnote 27) and the United States; (Endnote 28) part-time workers, for example in Nigeria; (Endnote 29) young workers or apprentices, for example in Chile, (Endnote 30) Ghana, (Endnote 31) Japan, (Endnote 32) and the United Kingdom; (Endnote 33) domestic workers, for example in Botswana and Canada, (Endnote 34) Chile, (Endnote 35) the Dominican Republic, (Endnote 36) the Philippines, (Endnote 37) Qatar, (Endnote 38) Syrian Arab Republic (Endnote 39) and Turkey; (Endnote 40) employees, such as babysitters, companions for older persons or the sick, or drivers privately employed by individuals, for example in Canada (Endnote 41) and Philippines, (Endnote 42) and students undergoing training or working in summer and recreational camps or in charitable or community institutions, for example in Canada. (Endnote 43)

2. Industries, enterprises and occupations excluded

110. The information that has been received shows that legislation may exclude some industries, enterprises and occupations. As pointed out under the section on exclusions of groups or categories of persons, (Endnote 44) the legislation in States with a federal system may exclude certain groups at the federal level; but this does not necessarily imply that these exclusions apply at the level of their constituent states or provinces. What is more, in a number of countries, the competent authorities are able to authorise other exclusions without this being specifically stipulated in the national legislation. (Endnote 45) The Committee will only mention some industries, enterprises and occupations that are excluded, because these cases are as diverse as the coverage of the relevant national legislative texts. The following are examples: homeworkers; (Endnote 46) certain categories of fishermen or workers employed in fishing in general, including persons employed in the fishing trade; (Endnote 47) trappers; (Endnote 48) certain categories of salesmen; (Endnote 49) the agricultural sector or certain agricultural workers or enterprises; (Endnote 50) workers in the construction industry, persons employed in logging or on an off-shore oil well drilling rig; (Endnote 51) establishments with a small number of workers; (Endnote 52) establishments employing part-time workers; (Endnote 53) establishments employing persons working on piece-work or on a commission basis; (Endnote 54) and poultry-keepers. (Endnote 55) In the Dominican Republic, establishments, the value of whose equipment and capital does not exceed 10,000 gold pesos, have been excluded from the application of the minimum wages which are applicable to all sectors of activity. (Endnote 56)

D. Types of minimum wage fixing machinery

111. Recommendation No. 135 lists various forms of minimum wage fixing machinery, stipulating that minimum wages may be fixed by: (a) statute; (b) decisions of the competent authority, with or without formal provision for taking account of recommendations from other bodies; (c) decisions of wage boards or councils; (d) industrial or labour courts or tribunals; or (e) giving the force of law to provisions of collective agreements (Part IV, Paragraph 6). It should be recalled, however, that this list is not exhaustive and only serves as an illustration. (Endnote 57)

112. After examining the national law and practice, the Committee has been able to identify various types of minimum wage fixing machinery. Taking into consideration the way in which these minimum wages are fixed, it is possible to make the following classifications: (a) minimum wage fixing machinery based on a decision taken by the authorities or competent body; and (b) minimum wage fixing machinery by means of collective agreement. In the first of these categories, we may observe minimum wages fixed by: (i) statute; (ii) means of a government decision; (iii) wage committees, councils or boards; (iv) court rulings; and (v) arbitration awards. Furthermore, if minimum wage fixing machinery is considered from the standpoint of its coverage, the following may be observed minimum wages: (a) with overall coverage; (b) by regions or zones; (c) for branches of economic activity; and (d) for occupational categories.

113. In indicating this classification, it should not be overlooked that these various elements may be combined or may even be complementary. The fixing of overall minimum wages by statute or regulation, applicable at the national level, might be combined with machinery that fixes minimum wages at branch level by collective agreement for each step in the hierarchy. Collective agreements may be national or have more limited geographical coverage. Minimum wages fixed by collective agreement cannot be lower than the statutory minimum rate where such exists. Other possible combinations are possible, as will be seen later in the text.

114. The Committee will examine each of these types of minimum wage fixing machinery in the light of national law in force or practice. However, collective agreements will not be mentioned unless the national legislation specifically states that minimum wages shall be fixed in this way or when the government indicates that this is the case. The Committee also points out that in cases in which it does not have enough information on national practice, the description of the machinery is based solely on the texts of legislation available and that it is not then in a position to ascertain if these texts are effectively applied. Furthermore, in some States, (Endnote 58) there are two or more types of machinery which are usually complementary.

1. Classification according to the kind of measures taken

1.1 Minimum wage fixing based on a decision taken by the authorities or competent body

1.1.1. Minimum wages fixed by a statute

115. The fixing of minimum wages by means of a statute implies that the legislature plays a vital role in this area. This is the case in Brazil, where, apart from the minimum wage fixed by law, (Endnote 59) "wage levels" may be fixed also by statute in special cases; these are higher than the minimum wage for the occupational category in question. (Endnote 60) In Canada, minimum wages applicable to workers employed in a federal enterprise or connected with a job at federal level are fixed by the Canadian Labour Code; (Endnote 61) in the Northwest Territories, minimum wages are also fixed by law. (Endnote 62) In Chile, the monthly minimum wage is fixed by law. The Government and the most representative employers' and workers' organisations participate in the machinery by negotiating on the amount and readjustment of this income; these negotiations result in a national agreement that precedes the bill submitted to Parliament. In the United States, in addition to the minimum wages is fixed by law at federal level, (Endnote 63) the states may fix other minimum wages provided that they are not lower than the federal minimum wage. In 34 states (Endnote 64) and in Guam, these minimum wages are fixed exclusively by statute. In five other states, (Endnote 65) as well as in the District of Columbia, Puerto Rico and the Virgin Islands, minimum wages may be fixed not only by law but also by orders adopted by the competent authority. (Endnote 66) Minimum wages are also fixed by law in Egypt, (Endnote 67) Israel, where national legislation provides that the minimum wage must be equivalent to 45 per cent of the average wage in the country (Endnote 68), Luxembourg, (Endnote 69) Netherlands, (Endnote 70) Nigeria, where national minimum wages are established by law, (Endnote 71) and in Yugoslavia. (Endnote 72)

1.1.2. Minimum wages fixed by means of a government decision

116. In a number of countries, minimum wages are fixed by decrees or orders issued by the executive, without any other body being involved in the machinery. This is the case in Algeria for the fixing of the national minimum guaranteed wage (SNMG). (Endnote 73) In Argentina, there are four cases in which the Government may intervene directly in the fixing of minimum wages. First, the Government determines the subsistence wage of agricultural workers. (Endnote 74) Second, the Under-Secretariat of Labour determines the initial minimum wage and the sliding scale of wages of apprentices from 14 to 18 years of age. (Endnote 75) Third, the legislation stipulates that the executive fixes the minimum wages of domestic workers; (Endnote 76) however, the Committee does not have any information on the contents of these regulations. Finally, the minimum wages of homeworkers are fixed by orders issued by the Ministry of Labour and Social Security in the case of industries in which no wage committees have yet been set up.

117. In the federal jurisdiction in Canada, although the minimum wage is fixed by law, the Governor in Council may increase this wage by order. Furthermore, when the wage is neither calculated nor paid, either totally or partially, according to the amount of time worked, the Minister may fix a minimum wage rate by order which is considered equivalent to the rate fixed by statute. In five Canadian provinces minimum wages are fixed by government regulation without the intervention of any other body. (Endnote 77)

118. In Cuba, the monthly minimum wage is fixed by the Council of Ministers after it has sought the advice of the Confederation of Workers. (Endnote 78) In Chad, the Council of Ministers, acting on a proposal from the Ministry of Labour and Social Welfare, fixes the minimum inter-occupational guaranteed wage (SMIG). (Endnote 79) In Mali, the President fixes the minimum inter-occupational guaranteed wage by decree. (Endnote 80) In New Zealand, an order from the Governor-General, acting on behalf of the Executive Council, fixes a minimum wage that is applicable to all workers over 20 years of age. (Endnote 81) In the Netherlands, at the request of an employer or an employers' or workers' organisation with legal personality, the Minister of Social Affairs and Employment is empowered to fix a minimum wage for workers belonging to a specific category that it determines. This wage may, under certain conditions, be lower than the minimum statutory wage in force. (Endnote 82) In Nigeria, even though minimum wages are not normally fixed by decree, everything would seem to indicate that minimum wage rates fixed by the National Minimum Wages Act of 1981 (Endnote 83) have been revised by means of a decree amending this Act. (Endnote 84) In Spain, the minimum inter-occupational guaranteed wage is established by Royal Decree after consultations with the most representative trade union organisations and employers' associations. (Endnote 85)

119. In Sri Lanka, there are two cases in which minimum wages are fixed by a governmental authority without an ad hoc body intervening in the process. In the first case, the competent minister may authorise the Labour Commissioner to fix the minimum wages of workers in branches of economic activity for which no wage council has been set up; or, if it has been set up, when no applicable minimum wage rates have been determined. (Endnote 86) The second case concerns only workers in shops and offices. If considered appropriate or at the request of the workers or employers concerned or one or more of their trade unions, the Minister may ask the Labour Commissioner to fix the remuneration of these workers. This remuneration is only established and applied in the shops and offices in which the workers and employers concerned have given their consent. (Endnote 87)

120. Mention may also be made of the following countries, where minimum wages are fixed by an act of government without the intervention of an ad hoc body: Angola, (Endnote 88) China, Equatorial Guinea, Morocco, (Endnote 89) Mozambique, (Endnote 90) Qatar (Endnote 91) and Singapore. (Endnote 92)

121. In some countries, minimum wages are fixed by regulation in the absence of competent bodies or if there is no agreement providing coverage. In Colombia, for instance, the new provisions in the Labour Code concerning minimum wage fixing stipulate that the Government should only intervene by decree when the National Labour Council is unable to fix these wages by consensus. (Endnote 93) In this case, reference is made to the minimum statutory wage. This also applies in Finland; in the absence of a collective agreement covering them, domestic workers are entitled to the minimum wage rates fixed by the State Council. (Endnote 94)

122. In other countries, government decisions are preceded by consultations with ad hoc bodies. (Endnote 95) In Germany, although the Government has stated that minimum wages are fixed exclusively by collective agreement, the Committee nevertheless points out the existence of legislation providing for other minimum wage fixing machinery. Under this legislation, the Federal Minister for Labour may set up a tripartite general committee for minimum conditions of employment, when: workers' or employers' associations for the industry or employment category exist or only embrace a minority of the employees or employers concerned; there are no collective agreements of general and binding application; or when the prescribing of minimum conditions of employment appears necessary for the satisfaction of the indispensable social and economic needs of the employees. This general committee is entitled to make proposals for prescribing, varying or revoking minimum conditions of employment. In addition, specialised committees (tripartite), set up by the Federal Minister for Labour, are responsible for establishing, in a resolution, minimum conditions of employment for the branches of economic activity and categories of employment for which they are competent, including minimum wages. However, these minimum conditions of employment must be approved by the Federal Minister for Labour, (Endnote 96) Similar machinery exists for the establishment of homeworkers' wages, but the competent body in this matter is the Homework Committee which covers the corresponding branch of economic activity. (Endnote 97) Nevertheless, according to the information supplied by the Government, it has not been necessary to establish minimum conditions of employment through these state procedures since 1952.

123. In Canada, in two provinces, the competent government authority fixes minimum wages by regulation after considering the recommendations of the wages boards. (Endnote 98) In the United States, six states, (Endnote 99) as well as the Virgin Islands, provide in their legislation for the convening of wage boards to fix minimum wages; in practice, however, according to information provided by the Government, these boards are not convened and wages are fixed by means of administrative decisions which revise rates previously fixed by decree or by administrative regulations preceded by public hearings. In certain states, the minimum wage fixing machinery provides for the convening of a wages board (California), council (Wisconsin) or committee (Puerto Rico and District of Columbia) which submits recommendations to the competent authorities so that they may establish minimum wages. Furthermore, there are usually public hearings on the subject of proposed minimum wage rates. (Endnote 100)

124. In Guatemala, minimum wages are fixed by the Ministry of Labour on the basis of reports the National Wage Board submits to it after taking into account the reports prepared by the joint wage boards. (Endnote 101) In Honduras, minimum wages are fixed by an agreement adopted by a Minimum Wage Board, a tripartite body established for a particular branch of economic activity. However, the wage-fixing process includes surveys carried out by the General Directorate of Wages, consultations by means of the Official Gazette and approval of the final draft agreement by the Secretariat of Labour and Social Welfare; the latter may not refuse to give its approval if it has returned the draft agreement to the Minimum Wage Board for reconsideration. (Endnote 102) In Japan, in certain cases where workers are poorly paid, the Minister of Labour or the Director of the Prefectural Labour Standards Office may fix minimum wage rates following a decision by the Central Minimum Wages Council or the Prefectural Minimum Wages Council. (Endnote 103) The minimum wages applicable in the case of the lowest paid homeworkers are fixed by the same bodies, but following a decision by the Prefectural Homework Council or the Prefectural Minimum Wages Advisory Council of the Prefectural Labour Standards Office in prefectures where there is no homework council. (Endnote 104) Finally, where an inter-enterprise minimum wage agreement exists, the Minister and the Director of the Prefectural Labour Standards Office may, at the request of the parties concerned and taking account of these minimum wage rates, fix minimum wages that must be applied to their workers by the employers who are parties to the agreement or the members of the organisations that concluded it. (Endnote 105) Under certain conditions these minimum wages may be declared applicable to all workers in the branch of activity and the region concerned. (Endnote 106)

125. In Panama, minimum wages are established by a decree issued by the Executive, on the recommendation of the National Minimum Wages Committee, a tripartite body. This Committee may appoint special boards for one or several industries or branches of activity in one or more areas or regions, to allow them to study their conditions and propose corresponding minimum wages. (Endnote 107) In Portugal, the Government fixes the national minimum wage rate by legislative decree, after having sought the advice of the Standing Council for Social Dialogue (CPCS) and the Advisory Youth Council (CCJ). (Endnote 108) Similar machinery is found in the following countries: Saudi Arabia; (Endnote 109) Ghana; (Endnote 110) Guyana; (Endnote 111) India. (Endnote 112)

126. In a number of countries, there are procedures in which wage councils or committees play an active part. The competent authority makes use of these procedures whenever they are required, in the absence of efficient wage-fixing machinery. At a first stage, the competent wage board or council makes inquiries or conducts any necessary research. Secondly, consultations are often organised through the official gazette or by other means. Finally, the board or council submits its recommendations on minimum wages to the competent authority, which actually fixes them. The authority may, when it considers it appropriate, ask for these recommendations to be re-examined and amended.

127. In Bangladesh, the Government decides minimum wage rates on the basis of recommendations submitted to it by the Minimum Wages Council. (Endnote 113) In Botswana, minimum wages are fixed, adjusted or abolished by ministerial order, on the basis of recommendations submitted by the Minimum Wages Advisory Board. (Endnote 114) In Fiji, the competent wages council submits its proposals on minimum wages to the responsible minister, who may exchange views with the council, and then fixes the minimum wage rates that will be finally applied. (Endnote 115) In Kenya, minimum wages are fixed by orders of the competent Minister, following consideration of the recommendations submitted by the General Wages Advisory Board or the Agricultural Wages Advisory Board, which may be assisted by an Area Agricultural Wages Committee; they may also be fixed by wages councils where these have been set up. (Endnote 116) The Minister is also empowered to fix minimum wages at his own initiative. (Endnote 117) In Malta, there are two types of machinery for fixing minimum wages by means of a government decision. In the first, the Minister of Labour fixes the national minimum wage, after having examined recommendations from the Labour Board, a tripartite body. (Endnote 118) In the second, the Minister fixes them by means of an order, once he has received proposals from the competent wages council, minimum wages to be applied to the workers included in the field of operation of the wages council in question. (Endnote 119) In Sri Lanka, minimum wages are fixed not only by government decision without the intervention of any ad hoc body; the minister concerned may also approve, by notification, the decision taken on minimum wages by the competent minimum wages board. (Endnote 120) In Swaziland, the Advisory Wages Board submits its recommendations on minimum wage rates to the Commissioner and, if necessary, proposes the setting up of a wages council. (Endnote 121) The Commissioner fixes minimum wages by means of an order published in the Gazette. When a wages council is set up, minimum wages are only fixed nce the recommendations of this body have been examined. (Endnote 122) Mention may also be made of the following countries, where minimum wages are fixed by the Government after consultation with the competent bodies: Dominican Republic; (Endnote 123) Myanmar; (Endnote 124) Nepal; (Endnote 125) Pakistan; (Endnote 126) Peru; (Endnote 127) Sudan: the Syrian Arab Republic, with respect to minimum wages for industrial workers; (Endnote 128) Tunisia; (Endnote 129) Turkey (Endnote 130) and Uganda. (Endnote 131)

128. In Zambia, the Ministry of Labour and Social Services fixes minimum wages after consulting, if they exist, the representative trade unions of the workers in question. Furthermore, national legislation stipulates that the Prices and Incomes Commission is authorised to recommend minimum wage rates to the Government. This body is also authorised to recommend maximum wage rates to the Government, (Endnote 132) but the Committee has no information at its disposal to determine whether these rates are actually fixed. In Zimbabwe, one of the types of minimum wage fixing machinery consists of notices issued by the Minister of Labour, Manpower Planning and Social Welfare, which specify the minimum wage in respect of any class of employees in any enterprise or industry. (Endnote 133) However, before issuing this notice, the Minister may request and examine recommendations made by any competent advisory board or employment board or council. (Endnote 134) Furthermore, according to the information provided by the Government, various regulations on employment promulgated by the Ministry of Labour, Manpower Planning and Social Welfare, under which minimum wages applicable to specific industries or enterprises are fixed, are still being applied. It should also be mentioned that this Minister may, after consultation with the Minister responsible for finance, fix a maximum wage. (Endnote 135) Consequently, although minimum wages may be fixed by means of collective agreement, collective bargaining is limited in this area to the maximum wage stipulated in the notice issued by the Minister, subject to an exemption provided for in this notice. (Endnote 136)

129. The Committee points out that the fixing of maximum wage rates by the competent authority is contrary to the principle of freedom of collective bargaining if it is not accompanied by certain guarantees and in particular if its period of application is not limited in time. In this respect, the Committee on Freedom of Association has pointed out that: "If, as part of its stabilisation policy, a government considers that wage rates cannot be settled freely through collective bargaining, such a restriction should be imposed as an exceptional measure and only to the extent that is necessary, without exceeding a reasonable period, and it should be accompanied by adequate safeguards to protect workers' living standards". (Endnote 137)

130. However, in some of the countries that have adopted this minimum wage fixing machinery, it would seem that the competent authority is only entitled, after it has received recommendations reviewed by the relevant board or council, to approve or reject these recommendations but not to amend them. Consequently, the body that makes recommendations has as much power to fix minimum wages as the competent authority, although it is the latter that fixes them officially. This is the case in Bahamas, (Endnote 138) Mauritius (Endnote 139) and Canada, where the government authority only approves or rejects the minimum wage fixing order issued by the Wages Boards in the Provinces of Nova Scotia, (Endnote 140) and Prince Edward Island, (Endnote 141) and in Yukon Territory. (Endnote 142) In the Province of Saskatchewan, the Minimum Wage Board fixes minimum wages by regulation which has to be approved by government authority. (Endnote 143) In Trinidad and Tobago, minimum wage fixing orders must be submitted for approval to Parliament, which thus has the right to veto them. (Endnote 144)

131. In France, the Government fixes a minimum growth wage (SMIC) by decree adopted in the Council of Ministers, after the latter has consulted with the National Collective Bargaining Commission. A number of African countries have adopted the same machinery for fixing minimum inter-occupational wages (Endnote 145) or wages corresponding to a specific occupational category. This applies in Benin, (Endnote 146) Burundi, (Endnote 147) Madagascar, (Endnote 148) Mauritania, (Endnote 149) Zaire, (Endnote 150) where the National Labour Council is also involved in minimum wage fixing for occupational categories, in the absence of collective agreements. In the Central African Republic, (Endnote 151) Côte d'Ivoire, (Endnote 152) Djibouti, (Endnote 153) Guinea (Endnote 154) and Rwanda, (Endnote 155) an advisory committee is consulted. In the Comoros, the Higher Labour Council (Endnote 156) is consulted. In Gabon, the National Commission of Wage Studies and the Government Wages Commission is consulted, (Endnote 157) in Senegal, the National Advisory Council for Labour and Social Security is consulted, (Endnote 158) and in Togo, the National Council of Labour and Social Legislation is consulted. (Endnote 159) In Cameroon, minimum wages are fixed by decree, after the National Labour Council has been consulted. (Endnote 160)

132. In Namibia the minimum wage fixing machinery at present in force is applied in the event of labour disputes. When a dispute is submitted to a conciliation board, the board may settle it by means of an agreement which will finally be declared binding on the parties under an ordinance of the Minister of Labour and Manpower Development. (Endnote 161) However, according to information supplied by the Government, new labour legislation is being drafted and will include wage-fixing machinery that is more appropriate to the new situation in the country.

133. In the countries of Central and Eastern Europe, subject to the comments made in the introduction to this survey, (Endnote 162) the Committee will refer to the information supplied by the governments and to the legislation that it has been able to examine. Generally speaking, wage-fixing machinery appears to be unchanged for the time being. Nevertheless, certain modifications have been or are being introduced. In Belarus, according to the information supplied by the Government, the minimum wage is fixed by the State. (Endnote 163) In addition, a Bill on minimum wages and social guarantees is to be examined in Parliament. The Committee does not, however, possess any information on the action taken on this Bill. In Bulgaria the minimum wage is fixed by the Council of Ministers and the central leadership of the trade unions. (Endnote 164) In Czechoslovakia, the minimum wage is fixed by the federal Government. (Endnote 165) However, the amount of the minimum wage was the subject of a general agreement between the federal Government, those of the republics and the social partners. (Endnote 166) In Hungary, according to information supplied by the Government, minimum wages are fixed by decree of the Minister of Labour, which gives the force of law to a decision by the Conciliation Council, a tripartite negotiating body. In Poland the minimum wage is fixed by decree of the Minister of Labour and Social Policy after consulting the national trade union organisations. (Endnote 167) In Romania, the basic minimum wage is fixed by government order after consultation of the trade unions and employers' organisations. (Endnote 168) In Ukraine, according to information from the Government, the minimum wage is fixed by the Government. (Endnote 169)

1.1.3. Minimum wages fixed by wage committees, councils or boards

134. In a number of countries, the legislation provides for ad hoc bodies entrusted specifically with fixing minimum wages. In Argentina, minimum wages of workers in industry are fixed by resolutions adopted by the National Minimum Living Wage Board, an independent tripartite body working under the Ministry of Labour and Social Security. (Endnote 170) The amount of the minimum living wage may be amended at the request of any of the sectors represented on this Board, provided that the cost of living index taken into account in determining the amount in question shows a variation of 15 per cent. (Endnote 171) As regards workers in the agricultural sector, the National Agricultural Labour Committee is responsible for declaring applicable the minimum wage in this area, (Endnote 172) which may not be lower than the minimum living wage fixed by the Government for this category of workers. Under the relevant legislation, wages of homeworkers are established, for each industry, by wage boards. (Endnote 173) However, it would seem that wage boards of this type have not been set up and wages of this category of workers continue to be established by means of resolutions adopted by the Ministry of Labour and Social Security. (Endnote 174) Although the Government of Austria states that minimum wages are fixed exclusively by means of collective agreement, legislation exists which provides for other wage-fixing machinery. Conciliation offices and the Central Conciliation Office, which are tripartite bodies, may establish minimum rates of remuneration for groups of workers, including apprentices, for which no collective agreements have been concluded for the branch of activity in question. (Endnote 175) Furthermore, minimum wages of homeworkers, in the absence of collective agreements in this area, may be fixed by homework committees. These committees deal with matters in the field of homework and their powers usually extend to the whole of Austria. Furthermore, there are special homework committees dealing with business relating to branches of homework which are of particular importance. (Endnote 176)

135. In Colombia, the legislative decree amending the Labour Code authorises the National Labour Board to fix, by consensus, minimum wages of a general or limited nature. (Endnote 177) This extends the functions of the Board, which is no longer restricted to making assessments and submitting recommendations on minimum wages. (Endnote 178) It should be pointed out that the Board cooperates, on any matter concerning wages, with the Incomes, Prices and Wages Policy Commission; both bodies are tripartite. (Endnote 179) The Board may propose that minimum wages be readjusted. (Endnote 180) The Committee notes that when the National Labour Board does not attain the necessary consensus to establish these wages, the Government assumes this function. In Ecuador a general minimum living wage is fixed by resolution of the National Wages Council, a tripartite technical body which advises the Ministry of Labour and Human Resources. (Endnote 181) There are also tripartite sectoral committees which, within the framework of an authorisation from the Minister, fix minimum wages for branches of economic and occupational activity selected by the Minimum Wage Department of the Ministry of Labour and Human Resources. (Endnote 182) The national legislation also provides for the fixing of minimum wages by labour commissions, (Endnote 183) but the information supplied by the Government does not give details on the functioning of this machinery.

136. In the Philippines, minimum wages are fixed by regional tripartite wages and productivity boards which issue wage orders after carrying out surveys, conducting public hearings and consultations and notifying the persons concerned. Appeals against decisions taken by these boards may be brought before the National Wages and Productivity Commission. (Endnote 184) In Malta, apart from minimum wage fixing by the Ministry of Labour, provision is made for a joint industrial council, if it exists, to fix the wages of workers under its specific jurisdiction to the exclusion of any other wage council. (Endnote 185) In Indonesia it would appear that minimum wages are fixed by regional wages boards or a national wages board, but the information supplied by the Government does not indicate clearly what machinery is in force. In Mexico, minimum wages are fixed by a resolution adopted by the Council of Representatives of the National Minimum Wage Board. This tripartite council establishes minimum wages after having examined the report submitted to it by the technical directorate of the above-mentioned Wage Board. Furthermore, it should be pointed out that the National Minimum Wage Board may also be assisted by advisory committees that are also tripartite. Finally, the adjustment of these wages may also be initiated by the Department of Labour and Social Security, as well as by trade unions, workers' federations and confederations and employers' organisations. (Endnote 186) Similar machinery is also provided for in the legislation of: Egypt; (Endnote 187) the Islamic Republic of Iran; (Endnote 188) Nicaragua (Endnote 189) and the Syrian Arab Republic, with respect to agriculture. (Endnote 190)

137. In the United Kingdom, minimum wages are fixed either by wage councils or wage boards. Wage councils cover a specific industry or branch of economic activity. When they are establishing minimum wages for industry and trade, they carry out the preliminary inquiries they deem necessary and publish notices of the rate they propose. After having received any representations on the matter, the council makes an order giving effect to the proposals with such modifications as it thinks fit having regard to these representations. (Endnote 191) In the agricultural sector, minimum wages are fixed by the Agricultural Wages Board. (Endnote 192) This Board usually informs the persons concerned of the order it is proposing to issue. After examining any representations it receives on the draft order, the Board issues the order with any amendments it considers appropriate. (Endnote 193)

1.1.4. Minimum wages fixed by court rulings

138. In India, when a dispute over the wages payable to workers employed in an activity included in the Schedule to the Minimum Wages Act of 1948 is pending before a tribunal, or when an award is in operation, the minimum wage fixed or revised by the central or state Governments shall not be applicable to those workers, but the wage decided in the award shall be applied to them. (Endnote 194) In Italy, where workers' remuneration is not the subject of an agreement between the parties, it shall be determined by the judge. (Endnote 195) In Sri Lanka, the wages of workers employed in shops and offices may be fixed by a tripartite remuneration tribunal. (Endnote 196) The Minister responsible may authorise a draft determination to be made by a remuneration tribunal specifying minimum rates of pay for any employees, whenever the Commissioner has not been able to make a determination with the consent of the workers and employers concerned, or when the Minister considers it expedient to do so. The same applies when a determination with consent is repudiated. Furthermore, in any case where the Minister considers it expedient that a determination with consent should be extended so as to be applicable to any other workers, he may authorise a draft determination, for the extension to such employees of the determination with consent, to be made by a remuneration tribunal. (Endnote 197)

1.1.5. Minimum wages fixed by arbitration awards and extension of these awards

139. In Australia, the labour tribunals are responsible for issuing wage awards. At federal level, the main tribunal is the Australian Industrial Relations Commission. (Endnote 198) This Commission is competent for all industrial matters that extend beyond the limits of a state. Minimum wages are fixed in two ways: conciliation and arbitration. Conciliation consists of conferences between the parties or their representatives under the presidency of a member of the Australian Industrial Relations Commission, or without the presence of this member, (Endnote 199) and is concluded when the parties have reached agreement for the settlement of the dispute or when it is considered that there is no likelihood of conciliation resulting in the settlement of the dispute or any matter in dispute within a reasonable time. (Endnote 200) When the parties to an industrial dispute reach an agreement, they may request the Australian Industrial Relations Commission to make an award giving effect to this agreement. (Endnote 201) Furthermore, the parties may also prepare a memorandum of agreement and request the above-mentioned Commission to certify it. (Endnote 202)

140. When a conciliation proceeding is completed but the industrial dispute has not been fully settled, the Australian Industrial Relations Commission deals with it by arbitration. (Endnote 203) In addition, the dispute may be referred to a local industrial board. This body carries out an investigation and submits a report, on the basis of which the above-mentioned Commission may make an award fixing minimum wage rates to be applied to the parties to the dispute. (Endnote 204) Furthermore, the Australian Industrial Relations Commission may, when it considers it necessary or expedient, declare that any term of an award be a common rule in a Territory for an industry in relation to which the dispute arose. (Endnote 205) The award given by the above-mentioned Commission takes precedence over a state law or an order, award, decision or determination of a state industrial authority dealing with the same matter. (Endnote 206) Finally, the Australian Industrial Relations Commission may make decisions -- known as National Wage Cases -- which fix wage increases applicable to the national economy as a whole. These decisions may also establish principles regulating the fixing and adjustment of minimum wages.

141. In Australian states, minimum wages are fixed by means of awards given by tribunals. In New South Wales, there is an industrial commission which functions as a higher appeals court (Endnote 207); it may exercise all the jurisdiction conferred on a conciliation committee or contract regulation tribunal to settle a labour dispute and amend or repeal an award or determination handed down by these bodies. (Endnote 208) Conciliation commissioners preside over conciliation committees and contract regulation tribunals. (Endnote 209) These commissioners may issue an award, order or contract determination connected with the labour dispute subject to conciliation. (Endnote 210) These committees may fix, by means of orders or awards, wages paid to workers in general, with the exception of wages for aged, infirm or slow workers. (Endnote 211) The wages of these aged, infirm, or slow workers as well as those of outdoor workers are fixed by the registrar. (Endnote 212) Contract regulation tribunals are competent to make contract determinations (Endnote 213) with respect to the minimum rates of commission applicable to contracts of bailment of a public vehicle (Endnote 214) and to remuneration paid to carriers under a contract of carriage. (Endnote 215) As regards both the conciliation committees and the contract regulation tribunals, the dispute may be referred to the Industrial Relations Commission by these bodies. (Endnote 216)

142. In Queensland, the Industrial Relations Commission is competent to settle labour disputes, including those concerning wages, by means of awards. (Endnote 217) The proceedings consist, first, of conciliation and, second, of arbitration. (Endnote 218) In Tasmania, the Tasmanian Industrial Commission has jurisdiction to hear and determine industrial matters and to make an award or order. (Endnote 219) These awards may specify the manner in which rates of remuneration for employees in the private sector should be fixed. (Endnote 220) Awards or any provision in an award made by the Industrial Commission may be extended temporarily, under regulations, to any worker who is not subject to another award. (Endnote 221) However, the Commissioner's final decision in arbitration, which has been requested by the parties to a dispute, may not be applied as an award or order of the Industrial Commission, but may be incorporated in or form an industrial agreement. (Endnote 222) Furthermore, the Industrial Commission may fix a minimum wage for adult workers, irrespective of the nature of their work or the branch of industry in which they are employed. (Endnote 223) In Victoria, minimum wages are fixed by Conciliation and Arbitration Boards which make awards applicable to trades, branches of a trade or group of trades. (Endnote 224) Any case submitted to a Conciliation and Arbitration Board may be referred to the Industrial Relations Commission of Victoria for a hearing or determination. (Endnote 225) If the Board is unable to settle the dispute by conciliation, the chairman determines the matter by arbitration. (Endnote 226) When a dispute is referred to the Industrial Relations Commission of Victoria, this body has the same powers as the Conciliation and Arbitration Boards to settle the dispute. (Endnote 227)

143. In Western Australia, minimum wages are fixed by awards for workers employed in one or several specific industries, or by general orders applicable to adult workers made by the Western Australia Industrial Relations Commission. (Endnote 228) This Commission must first attempt to settle disputes first by conciliation and then by arbitration, unless the matter concerning minimum wage fixing, involves the ascertainment of an existing right or the parties request that it should first be submitted directly to arbitration. (Endnote 229) A Board of Reference must be set up in relation to any award in force, made up of a chairman and an equal number of employers' and workers' members appointed by the Chief Industrial Commissioner; this Board may allow, approve, fix, determine or deal with any matter that, under the award, requires these measures and also deal with any other question, not involving the interpretation of a provision in the award, to which the Commission has entrusted it to take the necessary steps. (Endnote 230) Any union, association or employer affected by a decision of a Board of Reference may appeal against the decision to the above-mentioned Commission. (Endnote 231) The Commission has to consider the national wage decisions of the Australian Labour Relations Commission and make a general order giving effect to those decisions unless there are good reasons for doing otherwise. (Endnote 232)

144. In several Australian states, once an industrial agreement has been filed at the office of the registrar, it has force of law. (Endnote 233) In Western Australia, trade unions or workers' and employers' associations which are parties to an industrial dispute may conclude a memorandum of agreement on the basis of which the above-mentioned Commission makes a consent award fixing the minimum wages established in this agreement. (Endnote 234) This body may, in addition, declare this consent award to be a common rule of the industry or industries to which it applies. (Endnote 235)

145. In New Zealand, in addition to the fixing of minimum wages by order of the Governor-General, there is machinery for the fixing of minimum wages by awards similar to that existing in Australia. This machinery includes the registration of agreements or awards by an Arbitration Commission, the setting up of conciliation boards to settle labour disputes and, when disputes cannot be settled in this manner, their solution by means of arbitration. (Endnote 236) In Sri Lanka the commissioner may settle labour disputes -- or refer them to an officer for settlement -- by conciliation. However, if this procedure is repudiated or fails, disputes may be referred to a person appointed by the parties or, where this is impossible, to the district judge for their settlement through arbitration. (Endnote 237)

146. In Colombia, the Labour Code provides that minimum wages may be fixed by arbitration awards. (Endnote 238) The Committee does not however have information at its disposal to determine to what extent this type of machinery is actually used in fixing these wages. It points out that any extension of these judgements is excluded. (Endnote 239)

1.2. Fixing of minimum wages by collective agreements and extension of these agreements

147. The Committee has examined the national law and practice in this area in the light of its previous comments on the possibility of fixing minimum wages by collective agreements and on the extent to which this machinery fulfils the obligations contained in the Conventions under examination. (Endnote 240) The Committee refers only to cases in which the fixing of minimum wages by collective agreement is specified by law or when the government has stated that this is the practice in the country concerned, without examining the content of these agreements.

148. In a number of countries, wage fixing by means of collective agreement is clearly and specifically spelt out in the legislation. In Colombia, the Labour Code provides that minimum wages may also be fixed by means of social contracts or collective agreements. (Endnote 241) In the first case, minimum wages are agreed upon between employers and workers not belonging to organisations; whereas, in the second case, they are fixed by one or more employers or employers' associations, and one or more trade union associations or federations. (Endnote 242) In the latter case, the wage rates decided upon may be extended to third parties in two ways. Either the extension is "legal", that is, it is provided for in the Labour Code (Endnote 243) or the extension is carried out by means of a government ruling. (Endnote 244) In France, wages of workers in the private sector are fixed by collective agreements, which may be extended by the Minister responsible for labour when certain conditions are fulfilled; for instance, they must contain clauses concerning the national minimum occupational wage for unskilled workers and the scale of coefficients to be applied to various occupational skills. (Endnote 245) In Guatemala, minimum wages may also be fixed by collective agreement, in which case they may not be fixed in any other way. (Endnote 246) In Guinea, wages are, in practice, fixed only by collective agreement, although the legislation stipulates a minimum guaranteed wage may be fixed by decree. (Endnote 247) In New Zealand, minimum wages may also be fixed by collective agreement. (Endnote 248) In Swaziland, the legislation specifies that the Commissioner may extend collective agreements, by means of an order regulating wages, when he considers that these agreements substantially cover the vast majority of workers and employers in a given industry or branch of activity. (Endnote 249) In Yugoslavia, minimum wages are fixed through collective agreements and concurrently by the law. (Endnote 250)

149. In other countries, minimum wage fixing machinery by means of collective agreement is not specifically stipulated by law, although it is applied in practice; indeed, the legislation provides rather for exceptions to this practice. In Austria and Germany, for example, minimum wages are basically fixed by collective agreements and their scope may be extended to cover other workers, regions or branches of activity. (Endnote 251) In Austria, however, according to information provided by the Government as regards agriculture, collective bargaining may not take place without the approval of the Wages Subcommittee, a body under the Joint Wages and Prices Board. In Sri Lanka, minimum wage fixing by means of collective agreement is but one form of wage-fixing machinery. In Switzerland, although the national legislation does not specify this procedure, minimum wages are also fixed by means of collective agreements which may be extended. (Endnote 252) However, there is no collective agreement in the agricultural sector. Furthermore, the relevant legislation stipulates that wages paid to homeworkers must comply with the rates applied for equivalent activities carried out within an enterprise. When no comparable wages exist in the enterprise, workers must receive the wage rate normally paid for similar work in the branch of economic activity in question and in the region. (Endnote 253) The same legislation further stipulates that foreign workers must receive the same wages as those normally paid to Swiss workers in the locality or occupation in question. (Endnote 254) Subcontractors are also bound to pay their employees the wage fixed by the collective agreement covering the sector to which they belong. (Endnote 255) Finally, there are rare cases in which labour contracts for agricultural workers and domestic workers contain provisions on minimum wages.

150. In the Nordic countries, minimum wage fixing by means of collective agreement is practically the only type of machinery. (Endnote 256) In some of these countries, the national legislation specifies the binding nature of these wage rates. (Endnote 257) In Belgium, minimum wages are fixed exclusively by means of collective agreement concluded by the National Labour Council or joint committees, which may be extended. (Endnote 258) Minimum wages are also fixed in this way in Bahamas, Greece, (Endnote 259) Italy, Japan (where it is possible to extend collective agreements fixing minimum wages to all workers in the branch of activity and region concerned), (Endnote 260) San Marino, (Endnote 261) Singapore and Suriname.

151. In other countries, provisions stipulating that collective agreements must or may include minimum wages for occupational categories and specifying conditions for extending them are generally found in legislation pertaining to collective bargaining. This is the case in a number of African countries, for instance: Algeria; (Endnote 262) Benin, (Endnote 263) Burundi, (Endnote 264) Central African Republic, (Endnote 265) Comoros; (Endnote 266) Côte d'Ivoire; (Endnote 267) Chad; (Endnote 268) Djibouti; (Endnote 269) Gabon; (Endnote 270) Madagascar (where the possibility of establishing minimum wages by means of collective agreement arises from the general nature of the collective bargaining system laid down in the legislation); (Endnote 271) Mali; (Endnote 272) Mauritania; (Endnote 273) Senegal; (Endnote 274) Togo; (Endnote 275) and Zaire. (Endnote 276) In Zimbabwe, collective agreements may also make provision for minimum wages for different grades and types of occupation. (Endnote 277)

2. Fixing of minimum wages according to coverage

152. No provision in any of the Conventions under examination establishes the geographical or occupational coverage of minimum wages. However, from the terms used in the various instruments, minimum wages must apply at least to "trades or part of trades" (Convention No. 26), to "agricultural undertakings and related occupations" (Convention No. 99), or to "groups of wage-earners" (Convention No. 131). Consequently, the implementation of machinery with a wider geographical or occupational coverage is in accordance with the Conventions. Coverage of fixed minimum wage rates may be general, or it may be established by region, by economic sector, by occupational categories or by a combination of two or several factors. In order therefore to obtain a clear idea of the national law and practice in this area in a specific country, it is necessary to consider all the relevant indicators, given that in one and the same country minimum wages of overall coverage may exist alongside others which are of limited geographical coverage or only apply to a specific sector or occupational category.

153. The Committee will not deal with cases in which minimum wages fixed by collective agreement are limited to an economic sector, zone, region or occupational category. Indeed, it would not seem useful to examine these cases, given that the Committee does not have enough information on all the forms that these agreements take in each country, and that in many cases the competent authorities are authorised to extend these agreements to other geographical areas or sectors of activity, as well as to other occupational groups. However, it will refer to a number of countries where, according to the information provided by the governments, minimum wages are fixed exclusively by collective agreements of overall coverage.

2.1. Minimum wages of general coverage

154. Minimum wages are considered to be of overall coverage when they apply to all workers in a given country. An examination of national law and practice on this matter reveals that in some countries minimum wages are required always to be of overall coverage, whereas in other countries this form of coverage is one amongst several. Generally speaking, in countries in which minimum wages are fixed by law, these wages apply to all occupational categories in all branches of economic activity throughout the national territory. (Endnote 278) In Brazil, the Constitution specifically states that the minimum wage should be standardised throughout the country. (Endnote 279) In Canada (Endnote 280) and the United States, the minimum wage fixed by federal legislation is applicable to all workers covered by it, apart from certain authorised exceptions. (Endnote 281)

155. Wages fixed by the government or another competent body may also be of general application. In Colombia, minimum wages fixed by the National Labour Council may apply to all regions, economic sectors and occupational categories throughout the country. (Endnote 282) This also applies to the "legal" minimum wage fixed by the Government. In Spain, there is only one minimum wage which is of general application, except for some groups of workers to which different wage rates are applied. (Endnote 283) In France, the Labour Code provides for a minimum growth wage (SMIC) for all the Metropolitan area and the territory of St. Pierre and Miquelon (Endnote 284) and various minimum growth wages for its Overseas Territories. However, some categories of workers may be paid rates lower than the SMIC. In Malta, the national minimum wage covers all workers. (Endnote 285) In New Zealand, the minimum wage, fixed by a decree of the Governor-General, applies to all workers of more than 20 years of age throughout the country. (Endnote 286) In Portugal, the monthly minimum wage applies to all persons throughout the country who work for another person. (Endnote 287) In Trinidad and Tobago, the legislation provides for the possibility of fixing a national minimum wage, (Endnote 288) but in practice it would seem that minimum wages are fixed only for economic sectors and occupational categories. (Endnote 289)

156. Mention may also be made of the following countries, where minimum wages are of general coverage: Saudi Arabia; (Endnote 290) Belarus; Belgium; (Endnote 291) Benin; Bulgaria; (Endnote 292) Czechoslovakia; (Endnote 293) China; Ecuador; (Endnote 294) Egypt; Ghana; (Endnote 295) Greece; (Endnote 296) Guinea; (Endnote 297) Hungary; India; (Endnote 298) Israel; (Endnote 299) Nepal; (Endnote 300) Poland; Romania; Turkey; and Ukraine.

2.2. Minimum wages by region or area

157. In Germany, the minimum wage fixing machinery applicable in the absence of collective agreements and the ensuing minimum wage rates may apply to only one Land. (Endnote 301) In Australia, at the federal level, the Australian Industrial Relations Commission is empowered to fix (Endnote 302) a minimum wage whose rates are applicable to all adult workers, irrespective of the work they do or the branch of industry in which they are employed. (Endnote 303) The same possibility exists, at state level, in Western Australia, where the Western Australia Industrial Relations Commission may fix minimum wages applicable to all adult workers. (Endnote 304) In Queensland, there is a guaranteed minimum wage fixed by the Industrial Relations Commission and applicable to all adult workers. (Endnote 305) In Tasmania, a wage applicable to adult workers may be set, irrespective of the work they carry out or the industry employing them. (Endnote 306) In Austria, minimum wages fixed by the statutory machinery in the absence of collective agreements are only valid for the territory covered by this machinery, which never extends to the federal territory as a whole (Endnote 307) In Argentina, minimum wages are only fixed by region in the case of domestic workers, whose wages vary from one area to another, depending on the economic strength of the area, the prevailing living conditions and the kinds of labour contracts prevalent in the area. (Endnote 308) In Canada, in the Province of Newfoundland, minimum wages may be fixed by area. (Endnote 309) In the legislation of the Northwest Territories (Endnote 310) the minimum wage is fixed at a higher rate in certain communities listed in the regulations. In some African countries, the competent authority for establishing minimum inter-occupational guaranteed wages is sometimes also authorised to establish wage areas, and minimum wages thus might vary according to the area. Furthermore, in these countries, minimum wages fixed by means of collective agreement may also vary from one region to another depending on the coverage of the agreements in question. Examples of these countries include: Benin; (Endnote 311) Burundi; (Endnote 312) Cameroon; (Endnote 313) Central African Republic; (Endnote 314) Chad; (Endnote 315) Comoros; (Endnote 316) Côte d'Ivoire; (Endnote 317) Djibouti; (Endnote 318) Gabon; (Endnote 319) Guinea; (Endnote 320) Madagascar; (Endnote 321) Mali; (Endnote 322) Mauritania (where the legislation provides for geographical areas in which the minimum inter-occupational guaranteed wage may be reduced); (Endnote 323) Senegal; (Endnote 324) Togo (Endnote 325) (but where, according to information provided by the Government, wage areas have been abolished); and Zaire. (Endnote 326)

158. In the United States, apart from the federal minimum wage, minimum rates are also established at the level of each state or territory. In Guatemala, minimum wages may be established for parts of the country. (Endnote 327) The same procedure applies in Honduras, although the fixing of minimum wages may not be based solely on regional criteria. (Endnote 328) In Mexico, minimum wages may be general for one or more geographical zones, irrespective of the branch of industry, occupations, trades or special work (which may cover one or more federative units). (Endnote 329) In Panama, minimum wages are fixed by region, although minimum wages are sometimes fixed for specific economic activities within these regions. (Endnote 330)

159. In the United Kingdom, minimum rates of wages for workers employed in agriculture, at least in Great Britain, (Endnote 331) are fixed for each county or district, for which Agricultural Wages Boards have been set up. (Endnote 332) Furthermore, these wages may also be fixed for a defined area in a county or district. (Endnote 333) In a number of countries, minimum wages may vary from one region to another, though they are usually fixed for specific sectors in the economy. (Endnote 334) In Bangladesh, for instance, the relevant legislation stipulates that, when minimum wages are being fixed for unskilled workers and young workers, the Minimum Wages Board must submit recommendations to the Government as to whether minimum wages should be applied throughout the country or whether they should vary according to the specific area. (Endnote 335) In Fiji, wage councils recommend to the competent Minister minimum wage rates that should be adopted for a specific economic activity; although they are sometimes able to carry out their functions at the national level, at other times their competence is restricted to a region or certain parts of this region. (Endnote 336) In the Philippines, minimum wages are established by region, province or town. (Endnote 337) In Swaziland, although minimum wages are usually fixed by branch of economic activity rather than region, the Commissioner may decide, if he considers it appropriate, to fix minimum wages applicable to workers in only one area of the country. (Endnote 338)

160. Mention should also be made of the following countries, where minimum wages can be fixed by regions or zones: Saudi Arabia; (Endnote 339) China (where provinces, autonomous regions and municipalities may provide for wage rates to supplement those fixed at the national level); Dominican Republic; (Endnote 340) India; (Endnote 341) Indonesia; Islamic Republic of Iran; (Endnote 342) Japan; (Endnote 343) Kenya; (Endnote 344) Nicaragua; (Endnote 345) Peru; (Endnote 346) the Syrian Arab Republic; (Endnote 347) and Uganda. (Endnote 348)

2.3. Minimum wages by sector of economic activity

161. In Germany, minimum wages fixed by technical committees and approved by the Federal Minister for Labour vary according to the branch of activity covered by the technical committee in question. (Endnote 349) Furthermore, minimum wages of homeworkers are fixed, in the absence of relevant collective agreements, by homework committees set up for specific branches of trade or industry; consequently, minimum wages vary according to the branch of industry in question. (Endnote 350) The same applies in Austria, not only as concerns wages fixed by collective agreement, but also, in the absence of these agreements, as concerns minimum wages fixed by conciliation offices or the Central Conciliation Office or homework committees. (Endnote 351) In Argentina, minimum wages in industry and in the agricultural sector may differ. Indeed, the wage-fixing machinery is different in each of these two sectors. Furthermore, as mentioned earlier, the relevant legislation stipulates that minimum wage rates for homeworkers are fixed, for each homework industry, by wage committees; however, these do not yet seem to have been established. In Australia, minimum wages are fixed by arbitration awards as a function of economic sectors or the parties to labour disputes which submit the dispute for arbitration awards either at the federal or state level. A number of provinces in Canada provide for minimum wages for specific branches of the economy. (Endnote 352) In France, minimum wages established by collective agreement vary according to the specific branch of economic activity. This also applies in a number of African countries -- sometimes also for wages fixed by a government authority. This is the case, inter alia, in the following countries: Benin; (Endnote 353) Burundi; (Endnote 354) Cameroon; (Endnote 355) Central African Republic; (Endnote 356) Comoros; (Endnote 357) Côte d'Ivoire; (Endnote 358) Chad and Djibouti (Endnote 359) (where, in addition, minimum inter-occupational guaranteed wages are not the same for industry and the agricultural sector, although the machinery used to fix them is the same); Guinea; (Endnote 360) Madagascar; (Endnote 361) Mali; (Endnote 362) Mauritania (where minimum inter-occupational guaranteed wages differ in industry and the agricultural sector); (Endnote 363) Senegal; (Endnote 364) and Togo. (Endnote 365) In a number of countries in Latin America, minimum wages are fixed by branch of economic activity. This applies in Guatemala, (Endnote 366) Honduras, (Endnote 367) Mexico, (Endnote 368) and Panama (where there is a minimum wage for agricultural or livestock workers, inter alia). (Endnote 369)

162. In the Nordic countries, where minimum wages are nearly always fixed by means of collective agreement, these are negotiated by economic sector. (Endnote 370) This also holds true for other countries in which minimum wages are established by collective agreement, although other types of machinery exist alongside. (Endnote 371)

163. In the United Kingdom, minimum wages for workers in industry and trade and in agriculture are established by different forms of machinery, and their rates vary accordingly. Furthermore, minimum wages for workers in industry and trade are fixed by wages councils which cover specific branches of economic activity. Wages are generally established by branch of economic activity in the Bahamas; Bangladesh; (Endnote 372) Botswana; (Endnote 373) China; Dominican Republic; (Endnote 374) Ecuador; (Endnote 375) Fiji; (Endnote 376) India; (Endnote 377) Islamic Republic of Iran (where the national legislation provides for the fixing of wages by different sectors of activity); (Endnote 378) Italy; Japan (where specific minimum wages are applicable to homeworkers); (Endnote 379) Malta (as regards minimum wages fixed by the Ministry of Labour on recommendations from the wages councils or joint industrial councils); (Endnote 380) Mauritius; (Endnote 381) Myanmar; Namibia; (Endnote 382) Nicaragua; (Endnote 383) Pakistan; (Endnote 384) Peru; (Endnote 385) Philippines; (Endnote 386) San Marino (where, although minimum wages may be fixed by economic sector, the social partners may fix a territorial minimum wage below which no other sectoral minimum wage may be fixed); Sri Lanka; (Endnote 387) Swaziland; (Endnote 388) Trinidad and Tobago; (Endnote 389) Uganda; (Endnote 390) Yugoslavia (where minimum wages fixed by collective agreement may be applied to an entire branch of the economy at the level of the Federation, a republic or an autonomous province); (Endnote 391) and Zimbabwe.

164. Mention may also be made of other countries where one minimum wage is fixed for agriculture and another for industry. This is the case, for example, in Equatorial Guinea; Kenya; (Endnote 392) Morocco; Syrian Arab Republic; (Endnote 393) and Tunisia. (Endnote 394)

2.4. Minimum wages by occupational category

165. In Germany, specialised committees are entrusted with establishing minimum wages, in certain cases, not only for specific branches of the economy but also for categories of employment. (Endnote 395) This is also the case in Austria concerning minimum wages fixed by the conciliation offices or the Central Conciliation Office. (Endnote 396) In Argentina, minimum wages are not fixed by occupational category as a general rule. However, domestic workers constitute a category on their own and their wages are fixed by the Government. In some provinces in Canada, the relevant legislation provides for minimum wages for different categories of workers. (Endnote 397) In Colombia, minimum wages are established by the National Labour Council and vary according to the occupational category in question. (Endnote 398) In Cuba, there is a general wage scale and corresponding wage rates for all occupational categories. (Endnote 399) However, the monthly minimum wage is not the same for manual workers and other occupational categories. In addition, the monthly minimum wage of these other categories varies according to whether the employees are administrative workers or workers in the services sector, technicians or managers. (Endnote 400) In Spain, although minimum inter-occupational guaranteed wages are not generally fixed for occupational categories, casual and temporary workers who are employed less than 120 days with the same enterprise and homeworkers have their own minimum wage rates. (Endnote 401)

166. In France, minimum wages fixed by collective agreement for various branches of economic activity and which may be extended, vary according to a scale of coefficients applied to the various degrees of occupational skill. This is also the case in a number of African countries where wages are fixed by collective agreement or, at times, decrees or orders: Benin; (Endnote 402) Burundi; (Endnote 403) Cameroon; (Endnote 404) Central African Republic; (Endnote 405) Chad (where domestic workers have their own wage rates but not their own wage-fixing machinery); (Endnote 406) Comoros; (Endnote 407) Côte d' Ivoire; Djibouti; (Endnote 408) Gabon; (Endnote 409) Madagascar; (Endnote 410) Mali; (Endnote 411) Mauritania; (Endnote 412) Rwanda; (Endnote 413) Senegal; (Endnote 414) Togo; (Endnote 415) and Zaire. (Endnote 416) In Guatemala, (Endnote 417) Mexico, (Endnote 418) and Panama (Endnote 419) minimum wages may also be established by occupational category. In Luxembourg there are separate minimum social wages applicable to workers with and without family responsibilities. (Endnote 420) It should be noted that there is a minimum social reference wage for social security legislation or other legislation of a social nature. (Endnote 421) Moreover, certain categories of persons are entitled to a guaranteed minimum wage. (Endnote 422) In the Netherlands, minimum wages fixed by the Ministry of Social Affairs and Employment are established for specified categories of workers, including domestic workers. (Endnote 423)

167. In the United Kingdom, minimum wages are not fixed only by branch of economic activity; indeed, a wage order may apply to only one occupational category or one group of workers. The same holds true for a number of countries, such as: Botswana; (Endnote 424) Guyana; (Endnote 425) Kenya; (Endnote 426) Malta (as regards minimum wages fixed by the Ministry of Labour upon recommendations from the wage councils); (Endnote 427) Mauritius; (Endnote 428) Sri Lanka; (Endnote 429) Swaziland; (Endnote 430) Trinidad and Tobago; (Endnote 431) Uganda; (Endnote 432) Zambia; (Endnote 433) and Zimbabwe. (Endnote 434)

168. Mention may also be made of the following countries, where minimum wages are fixed by occupational category: Angola; (Endnote 435) China (where local labour departments fix minimum wages for attendants in small restaurants and family servants); Dominican Republic; (Endnote 436) Ecuador; Equatorial Guinea; India; (Endnote 437) Mozambique; (Endnote 438) Myanmar; (Endnote 439) Namibia; (Endnote 440) Saudi Arabia; (Endnote 441) and the Syrian Arab Republic. (Endnote 442)

3. Fixing of minimum wages for particular categories of workers

169. The instruments under examination contain no provisions providing for the fixing of different minimum wages rates on the basis of criteria such as sex, age or disability. In this respect the general principles laid down in other instruments have to be observed, and particularly those contained in the Preamble of the Constitution of the ILO which specifically refers to the application of the principle of "equal remuneration for work of equal value".

170. As regards sex, any fixing of minimum wage rates on the basis of sex is discriminatory under the terms of the Equal Remuneration Convention, 1951 (No. 100). Where the State intervenes in the area of wage fixing it assumes, under paragraph 1 of Article 2 of Convention No. 100, the direct responsibility of guaranteeing the application of the principle of equal remuneration. An example is given in Paragraph 2(a) of Recommendation No. 90 which refers to "the establishment of minimum or other wage rates in industries and services where such rates are determined under public authority". This also applies when the public authorities extend the binding nature of collective agreements. (Endnote 443)

171. As regards age, the Minimum Age Recommendation, 1973 (No. 146) stipulates that special attention should be given to the provision of fair remuneration to young people, bearing in mind the principle of equal pay for equal work (Part IV, Paragraph 13(1)(a)). The quantity and quality of work carried out should be the decisive factor in determining the wage paid. The Older Workers Recommendation, 1980 (No. 162) stipulates, under Paragraph 5, that older workers should, without discrimination by reason of their age, enjoy equality of opportunity and treatment with other workers, in particular as regards remuneration for work of equal value.

172. As regards disabled workers, Article 4 of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) stipulates that any vocational rehabilitation and employment policies for disabled persons should be based on the principle of equal opportunity. One of the objectives contained in the preambular paragraphs of the Convention is to take account of the need to ensure equality of opportunity and treatment to all categories of disabled persons for employment and integration into the community.

173. Paragraph 5 of Article 3 of Convention No. 99 stipulates that the competent authority may permit exceptions to the minimum wage rates in individual cases "to prevent curtailment of the opportunities of employment of physically or mentally handicapped workers". Thus, without excluding a priori all handicapped workers from the application of minimum wage fixing machinery, in accordance with paragraph 3 of Article 1, the competent authority may permit the payment of a reduced minimum wage to these workers on the basis of individual decisions with reference to paragraph 5 of Article 3. Moreover, it should be stressed that the Conventions under study do not rule out the possibility of fixing either a single, generally applicable minimum wage or a series of minimum wages applicable to specific groups of workers, (Endnote 444) such as workers with reduced physical or mental capacity.

174. Paragraph 3 of Article 1 of Convention No. 99 states that the competent authority may exclude from the application of the Convention categories of persons whose conditions of employment render such provisions inapplicable to them, such as members of a farmer's family employed by him. No government stated that it had used the provisions of Article 1, paragraph 3, to exclude old or young workers or apprentices from the application of the Convention.

175. By referring to groups of wage-earners and not to trades or parts of trades, Convention No. 131 does not preclude the fixing of different minimum wage rates for specific groups on account of their age, or for workers whose capacity to work is reduced on account of a handicap. In accordance with paragraph 2 of Article 1, these groups should be determined in agreement with or after full consultation with the representative organisations of employers and workers concerned.

176. The reasons that prompted the adoption of lower minimum wage rates for groups of workers on account of their age and disabilities should be regularly re-examined in the light of the principle of equal remuneration for work of equal value. The Committee feels that it is necessary to have fuller information on the grounds for the fixing of lower minimum wage rates on account of workers' characteristics, such as age or reduced ability to work arising from a handicap.

3.1. Young workers and apprentices

177. The Committee would like to draw a distinction between the concepts of young worker and apprentice. The first refers to young persons who are of minimum age to enter the labour market, (Endnote 445) but who have not yet attained their legal majority which would allow them to participate fully in this labour market. As regards the second concept, this refers to persons who, irrespective of their age, are being trained at their place of work. In some countries, there are minimum wages that apply only to young workers and apprentices. In some cases, the national legislation merely stipulates that young workers or apprentices may receive wages that are lower than the minimum wage normally applied. This applies to apprentices in Guatemala, (Endnote 446) Honduras, (Endnote 447) India (Endnote 448) and Nicaragua, (Endnote 449) and to young workers in Australia, (Endnote 450) India (Endnote 451) and Mauritania. (Endnote 452) In others, the national legislation either specifies the amount of these wages or the percentage of minimum wages normally paid to this category of workers, or leaves it up to the competent authority or body to determine these rates. In the latter case, the legislation usually fixes a limit or the maximum percentage of reductions that may be made to minimum wages paid to workers carrying out similar or equivalent work. Furthermore, these cuts may be the same for all young workers or apprentices, or be determined on an individual basis.

178. Amongst the countries whose legislation provides for special minimum wage rates or minimum percentages of wages normally paid, mention should be made of Colombia, where an apprentice's initial salary may not be less than 50 per cent of that paid to workers carrying out the same job or a job similar or comparable to that for which he is undergoing vocational training under the national apprenticeship system. (Endnote 453) In some provinces in Canada, minors, usually those under 18 years of age, may work in accordance with the conditions provided for in the legislation; in these cases there is a minimum wage rate lower than that established for workers of 18 years of age and above. (Endnote 454) There are also provinces in which a minimum wage is established for apprentices. (Endnote 455) Other examples include: Côte d'Ivoire, where workers under 18 years of age may be paid minimum wages lower than those paid to adults; however, young workers are guaranteed a minimum percentage of minimum wages paid to adult workers, which varies according to their age; (Endnote 456) Dominican Republic, where the remuneration of young apprentices may in no case be less than 40 per cent of the minimum wage legally established for the enterprise or occupation where the apprenticeship is carried out. When the apprentice comes of age his wage may not be less than 50 per cent of this minimum wage; (Endnote 457) Ecuador, where the national legislation provides that apprentices shall receive remuneration equal to at least 75 per cent of the minimum living wage; (Endnote 458) France, where young people under 17 years of age are paid a minimum growth wage (SMIC) which is reduced by 20 per cent, compared with young people who are between 17 and 18 years of age who are paid a SMIC reduced by 10 per cent; an exception is made for young workers -- but not apprentices -- who have an experience of more than six months in the same branch of activity; (Endnote 459) Equatorial Guinea, where national legislation provides that the minimum remuneration of an apprentice shall be equal to half of that applicable to workers who know the trade; (Endnote 460) Luxembourg, where workers aged between 15 and 18 may receive a reduced social minimum wage which varies according to age; (Endnote 461) Peru, where an apprentice is entitled to a monthly stipend which may not be less than 50 per cent of the minimum living wage; (Endnote 462) Portugal, where workers under 18 years of age are paid 25 per cent less than the normal minimum rate, whereas apprentices, trainees and other persons undergoing practical training are paid 20 per cent less than the normal rate; (Endnote 463) Spain, where workers under 18 years of age receive a minimum inter-occupational guaranteed wage lower than that paid to workers over 18 years of age. (Endnote 464) The cases of Benin and Chad can also be mentioned, where general collective agreements regulating minimum wages of occupational categories may determine the percentages of minimum wages paid to young persons from 14 to 18 years of age; these vary according to whether the young persons concerned are under or over 16 years of age. (Endnote 465)

179. As regards countries in which the legislation provides for a specific body to establish minimum wages for young workers or apprentices, those who do not place any limits or percentages on these wages compared with those normally applicable should be mentioned. This holds true in the following countries: Austria, in the case of apprentices when their remuneration is not established in the corresponding collective agreement; (Endnote 466) Bangladesh, as regards young workers; (Endnote 467) Canada; (Endnote 468) Czechoslovakia, where the national legislation provides that apprentices received a remuneration to be fixed by the Ministry of Education and Culture in agreement with the competent central authorities and the Central Council of Trade Unions, in conformity with principles approved by the Government or the authority empowered by it to do so; (Endnote 469) Israel, where the Ministry of Labour may, with the approval of the Labour and Social Affairs Committee of the Knesset, prescribe wage rates lower than the minimum for workers aged under 18, either for all workers or for occupational categories or by categories of employers; (Endnote 470) Pakistan; (Endnote 471) Peru, where minimum rates lower than the general minimum rate may be fixed for persons aged 14 to 18; (Endnote 472) United Kingdom, where young agricultural workers receive a wage which varies in rate according to age, and in addition persons receiving instruction in agriculture in Great Britain may receive authorisation from the competent agricultural wages committee excluding them from the application of the minimum wage normally paid and imposing on them other conditions and conditions of employment it deems appropriate; (Endnote 473) Singapore, where the Minister of Labour may fix minimum wage rates for workers aged 12 to 16; (Endnote 474) Sri Lanka, as regards apprentices or those starting out on their career (Endnote 475) and Uganda, where specific minimum wage rates may be fixed for employees who are learning an occupation. (Endnote 476)

180. In other countries where the national legislation authorises the competent authority to fix the minimum wages of young workers and apprentices, the rates of these wages must comply with a number of legally established limits. In Argentina, an apprentice aged from 14 to 18 years of age is entitled to an initial minimum wage, fixed by the Under-Secretariat of Labour. Although it is authorised to cut the minimum subsistence wage, established according to a sliding scale, of young persons and apprentices, (Endnote 477) it is also stipulated that wages of apprentices may not be lower than those of adult workers if the work they are carrying out is equal in quality and quantity. (Endnote 478) In Spain, there is a training contract making it possible to reduce hours of work and the corresponding pay of young people between 16 and 18 years of age. (Endnote 479) According to comments made by the General Union of Workers in this respect, this type of contract allows any enterprise, even the smallest, to recruit young workers for any type of activity, even jobs demanding considerable physical effort but no further preparations or training; and that these young workers carry out a full day's work and receive less than the minimum wage. In the United States, students and apprentices may, upon authorisation from the Labor Department, be paid wages lower than the minimum amount stipulated by the federal legislation for all workers; but these must never be lower than a minimum threshold established by law. (Endnote 480) In the states and territories, it is also possible to establish these wages at a level below that normally applicable. In France, apprentices are paid a minimum growth wage (SMIC), reduced by 25 to 85 per cent according to the age of the apprentice and the time he has worked since the beginning of his apprenticeship. (Endnote 481) In the Netherlands, the minimum wage for young workers is based on the statutory minimum wage rate according to a sliding scale. In Turkey, workers aged under 16 are covered by a minimum wage rate lower than that applicable to workers above this age.

181. In Norway, where wages are almost exclusively established by collective agreement, minimum wage rates may also be fixed for young workers, who normally receive two-thirds of the wage paid to adult workers.

3.2. Disabled workers

182. In a number of countries, the legislation fixes or provides for the fixing of minimum wages applicable to disabled workers.

183. In some countries in which the legislation relating to minimum wages has not established actual rates, either the employer is authorised to fix these rates, sometimes within certain limits, or the competent authority may fix these rates for all disabled workers as a whole or on an individual basis. In Argentina, for instance, the minimum subsistence wage, established according to a sliding scale, may be reduced for workers whose faculties are grossly impaired. (Endnote 482) In Australia, at the federal level, workers incapable of earning the minimum wage established by an award may be paid a wage less than the normal minimum, which is also established in the same award. (Endnote 483) In some provinces in Canada, the competent authority may authorise that handicapped persons be paid a wage lower than the statutory minimum wage. (Endnote 484) In Chad, the General Collective Agreement which fixes minimum wages of occupational categories may stipulate that workers whose performance is impaired because of an accident or illness, duly noted by a doctor, may be paid less than the minimum wage normally applicable to the occupational category to which they belong. In Côte d' Ivoire, physically handicapped workers may receive a wage that is lower than the minimum wage paid in the occupational category, although this should never drop below less than 90 per cent of the statutory amount. (Endnote 485) In Czechoslovakia, according to information supplied by the Government, the minimum wage fixed for disabled workers under 18 is lower than the normal statutory minimum. In France, wage-earners whose physical faculties are impaired, are paid a reduced minimum growth wage determined by the technical committee for vocational guidance and rehabilitation (COTOREP). In Honduras, the General Wages Directorate may issue a special permit to disabled workers stating the percentage of the statutory minimum wage they must be paid and the period during which they should be paid this reduced rate. (Endnote 486) In Israel, the Minister of Labour and Social Affairs may prescribe, with the approval of the Labour and Social Affairs Committee of the Knesset, wage rates lower than the minimum wage for physically or mentally handicapped workers. (Endnote 487) In the United States, disabled workers may, with authorisation from the Department of Labor, be paid less than the minimum wage established by federal legislation for workers generally. The same reduction may also be made under the legislation of states or territories.

184. In Luxembourg, the director of the Labour and Mining Inspectorate may authorise an employer to pay a reduced minimum social wage, which he shall determine, to a worker whose output is below normal owing to physical or mental incapacity. The duration of such authorisation must be limited. (Endnote 488) In New Zealand, any arbitration award or agreement may contain a provision allowing an employer to pay a worker unable to earn the minimum wage fixed by arbitration award or agreement, a wage lower than that established by the arbitration award or agreement. (Endnote 489) In Peru, remuneration lower than the minimum wage normally payable may be fixed for persons whose performance, owing to sickness, invalidity or other reasons, is reduced below that considered normal either permanently or for long periods. (Endnote 490) In Portugal, workers whose ability to work is impaired may have their minimum wage reduced by up to 50 per cent. (Endnote 491) In the United Kingdom, any worker affected by any physical injury or mental deficiency, or any infirmity due to age or to any cause, may be exempted by the competent Agricultural Wages Committee (in Great Britain) or the Agricultural Wages Board (in Northern Ireland) from the order stipulating the minimum rate that is normally applied. This permit may also specify other conditions of work, including the amount of wages to be paid to the handicapped worker in question. (Endnote 492) In certain other countries, the competent authority may also autorise exceptions to the application of the standard minimum wage and establish other minimum wage rates for disabled workers. This is the case in the following countries: Bahamas; (Endnote 493) Botswana; (Endnote 494) Fiji; (Endnote 495) Ghana; (Endnote 496) Guyana; (Endnote 497) Kenya; (Endnote 498) Malta; (Endnote 499) Mauritius; (Endnote 500) Myanmar; (Endnote 501) Sri Lanka (in the case of workers employed in shops and offices); (Endnote 502) and Swaziland. (Endnote 503) In the case of Zambia, the competent authority may authorise exceptions to the payment of minimum wages for disabled workers. (Endnote 504)

3.3. Other categories of workers

185. In Australia, in the States of New South Wales (Endnote 505) and Tasmania, (Endnote 506) aged and slow workers may receive wages lower than the normal minimum wage; in Queensland, aged workers may receive wages that differ from the minimum wage normally paid. (Endnote 507) In Canada, in the Province of New Brunswick, a minimum wage is established for employees whose hours of work cannot be verified and who are not employed strictly on a commission basis. (Endnote 508) In the Province of Ontario, the legislation provides for a minimum wage for students under 18 years of age working in accordance with the statutory provisions applicable to them. (Endnote 509) Similar provisions exist in the Province of Prince Edward Island. (Endnote 510) In India, minimum wages may be fixed for children. (Endnote 511) In Luxembourg, when the economic and financial situation of an enterprise does not permit the employer to pay the social minimum wage immediately and in full, the Ministers of the National Economy and Labour may authorise him to temporarily apply a lower wage rate. (Endnote 512) In Malta, older workers may also be paid a wage specified in a permit which is lower than the minimum wage normally applied to the occupational category to which they belong. (Endnote 513) In Norway, collective agreements usually lay down the minimum wage rates for new recruits. In Peru remuneration lower than the minimum wage normally payable may be fixed for workers aged over 60 whose loss of capacity is proven. (Endnote 514) In the United States, workers whose productive or earning power is reduced on account of their age, may, with authorisation from the Department of Labor, be paid a wage lower than the minimum wage stipulated in federal legislation for workers as a whole. (Endnote 515)

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Legislation

See related national legislation from Natlex

Canada: Labour Code

Cross references
CONSTITUTION:Preamble
Constitution: Article 19
Constitution: Article 22
Constitution: Article 35
Conventions: C100
Conventions: C117
Conventions: C100 Equal Remuneration Convention, 1951
Conventions: C117 Social Policy (Basic Aims and Standards) Convention, 1962
Conventions: C159 Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983
Recommendations:R090 Equal Remuneration Recommendation, 1951
Recommendations:R146 Minimum Wage Recommendation, 1973
Recommendations:R162 Older Workers Recommendation, 1980