Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Uganda (RATIFICATION: 1963)

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A Government representative emphasized that before a new minimum wage was fixed, there was a need for a comprehensive study on wage trends in different economic sectors, which should include an analysis of employment trends, the cost of living and wage trends by profession and geographical region. Fixing a minimum wage without regard to those factors could destabilize Uganda’s macroeconomic framework and affect employment trends. The Government had prepared a paper to reactivate the Minimum Wages Advisory Board for submission to Cabinet; Cabinet was expected to have approved the new Wages Board by September 2014. Once approved, the Wages Board should complete its work within six months and submit its recommendation to Cabinet by the end of April 2015. Cabinet was expected to have considered the recommendation by June 2015, and the new minimum wage was to be implemented by July 2015. His Government was ready to follow the recommendation of the Committee of Experts, and looked forward to receiving financial and technical assistance from the ILO in order to complete the wage-fixing process in a manner beneficial to workers, employers and the Government.

The Worker members stated that the Committee of Experts had been highlighting for years several serious shortcomings mainly related to the freezing of the minimum wage since 1984, a situation justified by the “non-reactivation of the Minimum Wages Board”. In this connection, the Committee of Experts had recalled that “the fundamental objective of the Convention, which is to ensure to workers a minimum wage that guarantees a decent standard of living for them and their families, cannot be meaningfully attained unless minimum wages are periodically reviewed to take account of changes in the cost of living and other economic conditions. … When minimum rates of pay are left to lose most of their value so that they ultimately bear no relationship with the real needs of the workers, minimum wage fixing is reduced to a mere formality void of any substance.” Each year, the Committee of Experts observed that the Government did not respond to its repeated requests. The Worker members regretted that, while the Government had announced in June 2013 the initiation of a process of identification of persons that could be appointed to the Minimum Wages Board and the continuation of a study, no information on new developments had been received since. It appeared that the Government did not intend to adjust wages as long as the exploitation of oil and gas did not benefit the country. In the Worker members’ view, the question of the composition of the Minimum Wages Board was only an unacceptable pretext. They also referred to the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), according to which the wage-fixing body should take account of the necessity of enabling workers to maintain a suitable standard of living; provision should be made for the review of the minimum rates of wages fixed when requested by the workers or employers who are members of such a body; and provision should be made for the inclusion in the wage-fixing body of one or more independent persons and, as far as possible, of women among the workers’ representatives and the independent persons. The Worker members denounced that the Government sought to evade its obligations under the Convention by simply taking no action to ensure that the body referred to in Recommendation No. 30 was functional. Furthermore, the Worker members recalled that the Convention also required to consult the social partners and suggested that consultations could be arranged in a less formal but nonetheless effective manner. Referring to the examples of good practices cited in the 2014 General Survey as regards the publication of minimum wages in the Official Journal (Gambia, Guatemala, Kenya, Slovakia, United Republic of Tanzania and Tunisia), the Worker members highlighted that publication constituted a substantial formality. The objective of the Convention, which had given birth to other Conventions, such as the Minimum Wage Fixing Convention, 1970 (No. 131), was that all categories of workers would be covered by a minimum wage. For the majority of Ugandan workers, the current salary was not enough to live decently. Compliance with the provisions of the Convention and the introduction of a minimum wage, reviewed according to appropriate mechanisms, would enable those workers, including women (especially those in the informal sector), to live better. The Worker members therefore requested the Government to comply with the provisions of the Conventions and refrain from using inappropriate arguments to evade its obligations. Emphasizing the link between human rights and human dignity, the Worker members stressed that this was the only way to promote economic growth and stimulate the local economy.

The Employer members recalled the history of the Committee of Experts’ examination of the case between 2006 and 2013. In the course of that examination, the Committee of Experts had been concerned about the inactivity of the Minimum Wages Board. That inactivity had resulted in a national minimum wage rate which had remained unadjusted since 1984, and the Committee of Experts had repeatedly requested the Government to take action to reactivate the Board. The Committee of Experts, however, had expressed its regret due to the absence of follow-up action taken by the Government, apart from its indication that a process of identifying the persons to be appointed to the Board had commenced, which had not been followed up. The Employer members expressed their concern about the lack of government action on minimum wage fixing and urged the Government to take prompt action in order to ensure the reinstitution and proper functioning of the minimum wage fixing machinery in accordance with the Convention, without further delay. They encouraged the Government to avail itself of the technical assistance of the Office and to carry out its work for reactivating the minimum wage fixing machinery in full consultation with the social partners.

The Worker member of Uganda stated that the minimum wage fixing machinery, established under the 1964 Minimum Wages Advisory Board and Wages Councils Act, had reviewed the minimum wage until 1984, when it had adopted a rate of 6,000 Uganda shillings (UGX) per month (approximately US$2.3). Since then, it had not made any further review. While the Government and Employer members argued that a minimum wage would deter investors, the neighbouring countries with higher minimum wage rates had attracted more investors. The Minimum Wages Advisory Board was established under the General Notice No. 176 in 1995. In 1998, upon the urging of the workers in the country, a study had been conducted and the Minimum Wages Advisory Council had recommended an inter-industry rate of UGX58,000 (approximately US$25), but that was rejected. Since then, that machinery was no longer in place. The absence of minimum wage fixing machinery meant the weak implementation of the spirit and letter of the National Constitution and development policies, and the abuse of human rights and the worsening of the plights of women. The Ugandan National Constitution provided that all Ugandans had a right to a life in dignity. The National Development Plan of Uganda identified the maintenance of a minimum wage as a critical step to increase access to gainful employment, tackle inequality and stimulate growth. The minimum wage was also a human rights issue, as affirmed in article 23 of the Universal Declaration of Human Rights. The current stagnant minimum wage of UGX6,000 presented a clear violation of workers’ rights. Similarly, the absence of minimum wage fixing machinery had increased exploitation and discrimination against workers, especially those in the informal economy. Reports indicated that 50 per cent of employed women worked in the three lowest-paying economic sectors: agriculture; household; and mining and quarrying. The workers in the country had petitioned the Speaker of Parliament in 2000 for an intervention on this matter. A bill on the re-adjustment of the minimum wage rate had been tabled, debated and subsequently passed, but had never become law because the President had refused to assent to it. Uganda was one of the poorest countries in the world with a large part of its population living below the poverty threshold of US$1.2 a day. Social protection provisions were limited only to some sections of formal employment. Therefore, for most persons, labour was their main asset and income source. The lack of a process to set minimum wages had left workers vulnerable to exploitation; a minimum wage would protect the most vulnerable workers.

The Employer member of Uganda expressed appreciation for the comments made by the Government and the Worker member from Uganda. The Government’s attempts to revise the minimum wage in 1995 had been unsuccessful. Since then, the Government had attempted to reconstitute the Minimum Wages Board and had asked the social partners to submit nominations to that effect, but unfortunately the Board had not been re-established. Uganda had experienced economic challenges, especially when the interim Government had come into power, but many of those challenges had been overcome and the country was now realizing a growth in GDP. She expressed her hope that the Government would follow through on the commitments it had made before the Committee concerning its renewed efforts and that it would report on the positive results.

The Worker member of Kenya compared the situation of Uganda to that of Kenya, where minimum wages assisted workers in both the formal and informal economies. In Uganda, 24.5 per cent of people lived below the national poverty line, 56 per cent of people worked in the informal economy and 36 per cent of the labour force reportedly constituted the working poor. Cane cutters, for example, earned UGX120,000 (approximately US$46.9), while others were paid less. Some had to work overtime or take on additional responsibilities at the expense of their health and family time. In contrast, plantations earned an excess of US$100 million per year and had assets of US$375 million. The income of the cane cutters, as well as other workers such as home and business cleaners, domestic workers, food vendors, construction site porters and radio journalists, usually did not amount to US$3 per day and was not liveable. Families continued to disintegrate owing to the mobilization of children to support family earnings, and clearly, the absence of a minimum wage exacerbated the practice of child labour and the worst forms of child labour. She echoed the request of the Committee of Experts that the Government move without delay to put into motion the process to establish the appropriate minimum wage fixing machinery.

The Worker member of Congo expressed his concern over the level of the minimum wage in Uganda. The Committee of Experts had repeatedly noted that, to play its part in social policy, the minimum wage should not be allowed to fall below a socially acceptable level and should retain its purchasing power in terms of a basket of basic consumer goods. However, the cost of living had increased significantly in Uganda, which continued to be one of the poorest countries in the world, without the Government doing anything during the past 30 years to remedy such an unjust situation. The Government should revive the Minimum Wages Board without further delay.

The Worker member of Brazil recalled that, as indicated in the report of the Committee of Experts, the minimum wage rate had not been readjusted since 1984. In its re-ports, the Government had indicated that it had only just initiated the process of identifying the social partner members to be appointed to the Minimum Wages Board, and that a paper, the subject of which was unknown, had been prepared for submission to the competent authority. Apparently, after 30 years without a readjustment, even the social partners to be appointed had not yet been identified. The report of the Government was a clear demonstration of its profound lack of interest in fulfilling its obligations under the Convention. The minimum wage was a significant tool for combating poverty, distributing income and creating employment and, consequently, for boosting the economy, especially in southern countries. In all countries in which an effective policy on revaluation of the minimum wage was implemented, its effectiveness could be seen not only as a driver for economic develop-ment but also as a key instrument for decent job creation. The way in which the Government had dealt with the matter was concerning. The Committee should therefore urge the Government to afford the necessary importance to the matter, follow up on the consultative process as a matter of urgency, and take effective measures to fix a national minimum wage which was adjusted to the needs of Uganda.

The Worker member of Nigeria recalled that, since Uganda’s Minimum Wage Order had been enacted in 1950, real efforts to advance wage regulations had failed. Previous efforts to put minimum wage fixing machinery in place had been well over 20 years ago, in 1984. The Government had continued to ignore the spirit and letter of the Convention, leaving workers without the protection of wage regulation mechanisms. The national economic situation showed that there was an urgency to assist those who were working and living in poverty from further hardship. According to the current GDP, consumer price index statistics and food inflation rate statistics, the economy was doing well, and yet many workers were not able to buy food for themselves or their family members. A 2013 ILO study showed that, in 2005, slightly over 50 per cent of waged and salaried workers in Uganda were poor, with 30 per cent living in extreme poverty. That situation had worsened owing to the effects of the financial and economic crises. A 2009–10 Labour Market Survey indicated that of the 24.4 per cent of the population who were living below the poverty line, 21 per cent were classified as “working poor” who earned a median monthly income of UGX50,000 (approximately US$20). The Government had reportedly refused the demands of the organized labour community to establish, without further delay, the necessary minimum wage fixing machinery, had deliberately stalled a 2012 attempt by the workers to place a minimum wage bill in Parliament and had even arrested workers’ leaders for demanding to be included in the composition of the Minimum Wages Board. That situation should not continue, and the Committee should extract a firm and time-bound commitment from the Government on the constitution of a minimum wage fixing machinery.

The Government representative reaffirmed that the Government was taking steps to ensure that it complied with the requirements of the Convention, although there remained problems with a lack of technical and financial support. The process would go ahead, with or without ILO technical assistance. That previous year, the Government had signed a new tripartite charter with the stakeholders, with whom the Government was now working in cooperation. The stakeholders had made their sub-missions regarding representation on the Minimum Wages Board, which the Government was currently considering. Contrary to the statement of the Worker member of Uganda, the Government did not consider that the mini-mum wage would deter investors. Rather, the Government had been cautious owing to the level of unemployment. Efforts had been made to address the issue of unemployment by formulating policies and instruments that had ensured increased numbers of jobs, including, for example, youth employment programmes which aimed to reduce youth unemployment. It was also not true that some workers had been arrested for raising issues concerning minimum wages, nor was it accurate that the population was living below the poverty line as a result of not having a minimum wage. On the contrary, the situation had been improving, with the GDP increasing since the 1990s. The Government expressed its commitment that, by July 2015, the process of having minimum wage fixing machinery in place would be concluded.

The Employer members expressed their appreciation for the Government’s commitment to reinstituting the mini-mum wage fixing machinery by July 2015. The Commit-tee’s conclusions should reflect the Government’s commitment, indicate its concern about the lack of government action up to now, recommend that the Government’s action be in accordance with the Convention and in full consultation with the social partners, and refer to the use of the technical assistance of the Office.

The Worker members noted that the Government was again planning to delay re-establishing the wage-fixing machinery until September 2015, but it needed to stop providing excuses to avoid fulfilling its obligation to set a minimum wage. It should live up to the commitments it had made to the Conference Committee and, without further delay, arrange for the Minimum Wages Board to progress with its work. The Government should therefore request ILO assistance and then submit a progress report to the Committee of Experts in 2015.

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Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wage) and 95 (protection of wages) together.

Legislation. Following its previous comment, the Committee notes that the Employment Act, 2006, was amended by the Employment (Amendment) (No. 2) Bill, 2022, adopted on 7 December 2022.

A. Minimum wage

Article 3 of Convention No. 26. Operation of the minimum wage-fixing machinery. Following its previous comment, the Committee notes that, according to the Government’s indication in its report, the Minimum Wages Advisory Board is a tripartite body whose members are tasked with undertaking an analysis on the wage trends in the different regions and sectors of the economy and to submit recommendations to the Minister. The Government adds that the Board that was set up in 2016 recommended a general minimum wage of 136,000 Uganda shillings but that this recommendation was rejected by the Cabinet, which opted for sector-based minimum wages and also requested that further consultation be organized. The Government further states that the current minimum wage (6,000 Uganda shillings) is far below the estimated 250,000 Uganda shillings living wage, and is also below the poverty line. The Committee urges the Government: (i) to take the necessary measures so that the level of the minimum wage, which was last set in 1984, be revisedwithout further delay and in consultation with employers’ and workers’ organizations; and (ii) to provide information on any progress made in that respect.

B. Protection of wages

Article 1 of Convention No. 95. Coverage of all parts of the remuneration. The Committee notes that the Employment (Amendment) (No. 2) Bill, 2022, has not amended the definition of “wages” under section 2 of the Employment Act, 2006. As a consequence, the Committee once again requests the Government to provide information on any measure taken or envisaged to provide workers with the protection afforded in the Convention in relation to the elements of their remuneration which are excluded under section 2 of the Employment Act, 2006.

Article 4. Partial payment in kind. In the absence of new information in this respect, the Committee once again requests the Government to indicate whether regulations on the partial payment of wages in kind have been adopted.

Article 7(2). Works stores. In the absence of new information in this respect, the Committee once again requests the Government to indicate what measures are in place in order to ensure that goods are sold and services are provided at fair and reasonable prices in work stores or that work stores and services are not operated by the employer for the purpose of securing a profit but for the benefit of the workers concerned.

Article 8. Deductions from wages.In the absence of new information in this respect, the Committee once again requests the Government to take the necessary measures for the establishment of specific and overall limits to deductions of wages.

Article 12(1). Regular payment of wages. In reply to the Committee’s previous comment, the Government indicates that the Industrial Court of Uganda orders the repayment of salaries of workers who are not paid their minimum wage. While noting this information, the Committee once again requests the Government to provide up-to-date information on the situation of wage arrears in the country, including data on the number of workers affected by non-payment or delayed payment of wages, the sectors concerned and the results of labour inspections on these issues.

Article 14(a). Information on wages before entering employment.In the absence of new information in this respect, the Committee once again requests the Government to indicate which measures are in place in order to ensure full implementation of this provision.

[The Government is asked to reply in full to the present comments in 2024.]

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The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos. 26 (minimum wage) and 95 (protection of wages) together.

Legislative developments. The Committee notes that, according to information provided by the ILO Country Office for the United Republic of Tanzania, Burundi, Kenya, Rwanda and Uganda, the Employment Act 2006 is currently being revised in consultation with social partners.The Committee requests the Government to provide information on the developments in this regard, and to provide a copy of the amended Employment Act 2006, once adopted. The Committee also hopes that its comments on the Protection of Wages Convention, 1949 (No. 95) will be taken into account in the framework of the revision of the Act, and recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Minimum wage

Article 3 of Convention No. 26. Operation of the minimum wage fixing machinery. The Committee recalls that, following the discussion of this case before the Conference Committee on the Application of Standards in June 2014, it had requested the Government to provide information with regard to the announced reactivation of the Minimum Wages Advisory Board and the subsequent fixation of a new minimum wage in the country. The Committee notes that the Government indicates in its report that a Minimum Wages Advisory Board was appointed in 2015 and that it undertook a comprehensive study of the economy with a view to providing advice to the Government on the feasibility of fixing a minimum wage in the country and the form that the minimum wage should take. The Government also indicates that the report of the Board was under discussion in the Cabinet. Despite the progress made with the reactivation of the minimum wage fixing mechanism in 2015, the Committee notes with concern that the minimum wage, which was last set in 1984, has yet to be adjusted.It therefore requests the Government to take the necessary measures to revise the level of the minimum wage without further delay. Recalling the importance of ensuring the close involvement of employers’ and workers’ organizations at all stages of this process, the Committee requests the Government to provide information on the composition of the Minimum Wages Advisory Board and on the consultations undertaken with the social partners in revising the level of the minimum wage.

Protection of wages

The Committee notes with deep concern that the Government’s report on Convention No. 95, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of Convention No. 95 on the basis of the information at its disposal.

Following its examination of the information at its disposal, the Committee notes that it is still missing important information on measures giving effect to Articles 1, 4, 7(2), 8, 10, 12(1) and 14(a) of Convention No. 95. The Committee is therefore bound to repeat its previous comments with regard to those Articles.

Article 1 of Convention No. 95. Coverage of all parts of the remuneration. The Committee notes that the definition of “wages” in section 2 of the Employment Act excludes “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. The Committee recalls that the definition of wages for the purposes of the Convention is very broad and that it intends to cover the benefits excluded under section 2 of the Employment Act.Since this Act is the main legislation implementing the Convention, the Committee requests the Government to indicate the measures taken to provide workers with the protection afforded in the Convention in relation to the elements of their remuneration which are excluded under section 2 of the Employment Act.

Article 4. Partial payment in kind. The Committee notes that sections 41(3) and 97(2)(i) of the Employment Act address the issue of partial payment of wages in kind and provide that the Minister may adopt regulations on this matter.It requests the Government to indicate whether such regulations have been adopted.

Article 7(2). Works stores. The Committee notes that section 41(4) of the Employment Act provides that an employee shall not be obliged to make use of any shops established by the employer for the use of his or her employees or services operated in connection with the undertaking. The Committee recalls that Article 7(2) requires that where access to other stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and in the interest of the workers.The Committee therefore requests the Government to indicate what measures are in place in order to ensure the application of this provision of the Convention.

Articles 8 and 10. Deductions from wages and attachment of wages. The Committee notes that section 46(1) of the Employment Act provides a list of authorized deductions from wages and that section 46(3) provides that attachment of wages shall be limited to no more than two-thirds of all remuneration due in respect of a specific pay period. The Committee therefore notes that, while there is an overall limit on attachment of wages, there is no such limit for deductions from wages. In this regard, the Committee recalls that, in addition to setting specific limits for each type of deduction, it is also important to establish an overall limit beyond which wages cannot be further reduced, in order to protect the income of workers in the case of multiple deductions.The Committee therefore requests the Government to take the necessary measures for the establishment of specific and overall limits to deductions from wages.

Article 12(1). Regular payment of wages. With reference to its previous request concerning the issue of irregular payment of wages, the Committee notes that the Government merely repeats in its report the information previously provided. In relation to the lack of a functional Industrial Court, which had been noted in its previous comments, the Committee notes that information is available on the Court’s website indicating that a number of awards have been adopted since 2015. It also notes that two judges and the registrar of the Court have participated in a training activity on international labour standards delivered by the International Training Centre of the ILO in Turin in June 2017.In this context, the Committee once again requests the Government to provide up-to-date information on the situation of wage arrears in the country, including data on the number of workers affected by non-payment or delayed payment of wages, the sectors concerned and the results of labour inspections on these issues, and to indicate whether the Industrial Court has been dealing with any such cases.

Article 14(a). Information on wages before entering employment. The Committee notes that section 59 of the Employment Act provides that an employee shall receive from the employer information on wages not later than 12 weeks after the date on which employment commences. The Committee recalls that Article 14(a) requires effective measures to be taken in order to ensure that employees are informed of the conditions in respect of wages before they enter employment.The Committee therefore requests the Government to indicate which measures are in place in order to ensure full implementation of this Article of the Convention.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos. 26 (minimum wage) and 95 (protection of wages) together.

Legislative developments. The Committee notes that, according to information provided by the ILO Country Office for the United Republic of Tanzania, Burundi, Kenya, Rwanda and Uganda, the Employment Act 2006 is currently being revised in consultation with social partners. The Committee requests the Government to provide information on the developments in this regard, and to provide a copy of the amended Employment Act 2006, once adopted. The Committee also hopes that its comments on the Protection of Wages Convention, 1949 (No. 95) will be taken into account in the framework of the revision of the Act, and recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Article 3 of Convention No. 26. Operation of the minimum wage fixing machinery. The Committee recalls that, following the discussion of this case before the Conference Committee on the Application of Standards in June 2014, it had requested the Government to provide information with regard to the announced reactivation of the Minimum Wages Advisory Board and the subsequent fixation of a new minimum wage in the country. The Committee notes that the Government indicates in its report that a Minimum Wages Advisory Board was appointed in 2015 and that it undertook a comprehensive study of the economy with a view to providing advice to the Government on the feasibility of fixing a minimum wage in the country and the form that the minimum wage should take. The Government also indicates that the report of the Board was under discussion in the Cabinet. Despite the progress made with the reactivation of the minimum wage fixing mechanism in 2015, the Committee notes with concern that the minimum wage, which was last set in 1984, has yet to be adjusted. It therefore requests the Government to take the necessary measures to revise the level of the minimum wage without further delay. Recalling the importance of ensuring the close involvement of employers’ and workers’ organizations at all stages of this process, the Committee requests the Government to provide information on the composition of the Minimum Wages Advisory Board and on the consultations undertaken with the social partners in revising the level of the minimum wage.

The Committee notes with deep concern that the Government’s report on Convention No. 95, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of Convention No. 95 on the basis of the information at its disposal.

Following its examination of the information at its disposal, the Committee notes that it is still missing important information on measures giving effect to Articles 1, 4, 7(2), 8, 10, 12(1) and 14(a) of Convention No. 95. The Committee is therefore bound to repeat its previous comments with regard to those Articles.

Article 1 of Convention No. 95. Coverage of all parts of the remuneration. The Committee notes that the definition of “wages” in section 2 of the Employment Act excludes “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. The Committee recalls that the definition of wages for the purposes of the Convention is very broad and that it intends to cover the benefits excluded under section 2 of the Employment Act. Since this Act is the main legislation implementing the Convention, the Committee requests the Government to indicate the measures taken to provide workers with the protection afforded in the Convention in relation to the elements of their remuneration which are excluded under section 2 of the Employment Act.

Article 4. Partial payment in kind. The Committee notes that sections 41(3) and 97(2)(i) of the Employment Act address the issue of partial payment of wages in kind and provide that the Minister may adopt regulations on this matter. It requests the Government to indicate whether such regulations have been adopted.

Article 7(2). Works stores. The Committee notes that section 41(4) of the Employment Act provides that an employee shall not be obliged to make use of any shops established by the employer for the use of his or her employees or services operated in connection with the undertaking. The Committee recalls that Article 7(2) requires that where access to other stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and in the interest of the workers. The Committee therefore requests the Government to indicate what measures are in place in order to ensure the application of this provision of the Convention.

Articles 8 and 10. Deductions from wages and attachment of wages. The Committee notes that section 46(1) of the Employment Act provides a list of authorized deductions from wages and that section 46(3) provides that attachment of wages shall be limited to no more than two-thirds of all remuneration due in respect of a specific pay period. The Committee therefore notes that, while there is an overall limit on attachment of wages, there is no such limit for deductions from wages. In this regard, the Committee recalls that, in addition to setting specific limits for each type of deduction, it is also important to establish an overall limit beyond which wages cannot be further reduced, in order to protect the income of workers in the case of multiple deductions. The Committee therefore requests the Government to take the necessary measures for the establishment of specific and overall limits to deductions from wages.

Article 12(1). Regular payment of wages. With reference to its previous request concerning the issue of irregular payment of wages, the Committee notes that the Government merely repeats in its report the information previously provided. In relation to the lack of a functional Industrial Court, which had been noted in its previous comments, the Committee notes that information is available on the Court’s website indicating that a number of awards have been adopted since 2015. It also notes that two judges and the registrar of the Court have participated in a training activity on international labour standards delivered by the International Training Centre of the ILO in Turin in June 2017. In this context, the Committee once again requests the Government to provide up-to-date information on the situation of wage arrears in the country, including data on the number of workers affected by non-payment or delayed payment of wages, the sectors concerned and the results of labour inspections on these issues, and to indicate whether the Industrial Court has been dealing with any such cases.

Article 14(a). Information on wages before entering employment. The Committee notes that section 59 of the Employment Act provides that an employee shall receive from the employer information on wages not later than 12 weeks after the date on which employment commences. The Committee recalls that Article 14(a) requires effective measures to be taken in order to ensure that employees are informed of the conditions in respect of wages before they enter employment. The Committee therefore requests the Government to indicate which measures are in place in order to ensure full implementation of this Article of the Convention.

[The Government is asked to reply in full to the present comments in 2022.]

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The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3 of the Convention. Operation of the minimum wage fixing machinery. The Committee recalls that, following the discussion of this case before the Conference Committee on the Application of Standards in June 2014, it had requested the Government to provide information with regard to the announced reactivation of the Minimum Wages Advisory Board and the subsequent fixation of a new minimum wage in the country. The Committee notes that the Government indicates in its report that a Minimum Wages Advisory Board was appointed in 2015 and that it undertook a comprehensive study of the economy with a view to providing advice to the Government on the feasibility of fixing a minimum wage in the country and the form that the minimum wage should take. The Government also indicates that the report of the Board was under discussion in the Cabinet. Despite the progress made with the reactivation of the minimum wage fixing mechanism in 2015, the Committee notes with concern that the minimum wage, which was last set in 1984, has yet to be adjusted. It therefore requests the Government to take the necessary measures to revise the level of the minimum wage without further delay. Recalling the importance of ensuring the close involvement of employers’ and workers’ organizations at all stages of this process, the Committee requests the Government to provide information on the composition of the Minimum Wages Advisory Board and on the consultations undertaken with the social partners in revising the level of the minimum wage.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3 of the Convention. Operation of the minimum wage fixing machinery. The Committee recalls that, following the discussion of this case before the Conference Committee on the Application of Standards in June 2014, it had requested the Government to provide information with regard to the announced reactivation of the Minimum Wages Advisory Board and the subsequent fixation of a new minimum wage in the country. The Committee notes that the Government indicates in its report that a Minimum Wages Advisory Board was appointed in 2015 and that it undertook a comprehensive study of the economy with a view to providing advice to the Government on the feasibility of fixing a minimum wage in the country and the form that the minimum wage should take. The Government also indicates that the report of the Board was under discussion in the Cabinet. Despite the progress made with the reactivation of the minimum wage fixing mechanism in 2015, the Committee notes with concern that the minimum wage, which was last set in 1984, has yet to be adjusted. It therefore requests the Government to take the necessary measures to revise the level of the minimum wage without further delay. Recalling the importance of ensuring the close involvement of employers’ and workers’ organizations at all stages of this process, the Committee requests the Government to provide information on the composition of the Minimum Wages Advisory Board and on the consultations undertaken with the social partners in revising the level of the minimum wage.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 3 of the Convention. Operation of the minimum wage fixing machinery. The Committee recalls that, following the discussion of this case before the Conference Committee on the Application of Standards in June 2014, it had requested the Government to provide information with regard to the announced reactivation of the Minimum Wages Advisory Board and the subsequent fixation of a new minimum wage in the country. The Committee notes that the Government indicates in its report that a Minimum Wages Advisory Board was appointed in 2015 and that it undertook a comprehensive study of the economy with a view to providing advice to the Government on the feasibility of fixing a minimum wage in the country and the form that the minimum wage should take. The Government also indicates that the report of the Board was under discussion in the Cabinet. Despite the progress made with the reactivation of the minimum wage fixing mechanism in 2015, the Committee notes with concern that the minimum wage, which was last set in 1984, has yet to be adjusted. It therefore requests the Government to take the necessary measures to revise the level of the minimum wage without further delay. Recalling the importance of ensuring the close involvement of employers’ and workers’ organizations at all stages of this process, the Committee requests the Government to provide information on the composition of the Minimum Wages Advisory Board and on the consultations undertaken with the social partners in revising the level of the minimum wage.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Follow-up to the discussion of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

Articles 1–4 of the Convention. Establishment and operation of minimum wage fixing machinery. The Committee notes that this case was discussed before the Conference Committee on the Application of Standards in June 2014. During this discussion, the Government indicated that it had prepared a paper to reactivate the Minimum Wage Advisory Board for submission to the Cabinet. It also indicated that the Cabinet was expected to approve the new Wages Board by September 2014 and that once approved, the Wages Board should submit its recommendations to the Cabinet by the end of April 2015. It further indicated that the Cabinet was expected to have considered these recommendations by June 2015, and the new minimum wage was to be implemented by July 2015. Moreover, the Government indicated that it was ready to follow the recommendation of the Committee of Experts, and looked forward to receiving technical assistance from the ILO in order to complete the wage-fixing process in a manner beneficial to workers, employers and the Government. The Committee also notes the observations submitted by the International Organisation of Employers (IOE) and the Federation of Uganda Employers (FUE) on 21 August 2014, raising concerns regarding the application in law and practice of the Convention. In their observations, the IOE and the FUE indicated that the inactivity of the Minimum Wage Board has resulted in a national minimum wage rate which had remained unadjusted since 1984. According to the IOE and the FUE, the Minimum Wage Advisory Board would need to be reactivated, and the participation of the social partners in the minimum wage fixing machinery would need to be guaranteed. Moreover, the IOE and the FUE underlined that Uganda was benefiting from a growth in GDP which should translate into the full implementation of the Convention as soon as possible. The IOE and the FUE also concurred with the Government on the fact that a study on wage trends in different economic sectors, and an evaluation of the cost of living, together with an analysis of employment trends and various economic factors needed to be conducted before a new minimum wage could be fixed. Finally, the IOE and the FUE called on ILO technical assistance, which they consider desirable for the Government to avail itself of, so that the new minimum wage could be fixed and implemented by July 2015. The Committee requests the Government to provide any information as a follow-up to the discussion of June 2014 before the Conference Committee on the Application of Standards with regard to the reactivation of the Minimum Wage Advisory Board and the subsequent fixation of a new minimum wage in the country, as well as to transmit any comments it may wish to make in reply to the observations formulated by the IOE and the FUE.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

Follow-up to the discussion of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

Articles 1–4 of the Convention. Establishment and operation of minimum wage fixing machinery. The Committee notes that this case was discussed before the Conference Committee on the Application of Standards in June 2014. During this discussion, the Government indicated that it had prepared a paper to reactivate the Minimum Wage Advisory Board for submission to the Cabinet. It also indicated that the Cabinet was expected to approve the new Wages Board by September 2014 and that once approved, the Wages Board should submit its recommendations to the Cabinet by the end of April 2015. It further indicated that the Cabinet was expected to have considered these recommendations by June 2015, and the new minimum wage was to be implemented by July 2015. Moreover, the Government indicated that it was ready to follow the recommendation of the Committee of Experts, and looked forward to receiving technical assistance from the ILO in order to complete the wage-fixing process in a manner beneficial to workers, employers and the Government. The Committee also notes the observations submitted by the International Organisation of Employers (IOE) and the Federation of Uganda Employers (FUE) on 21 August 2014, raising concerns regarding the application in law and practice of the Convention. In their observations, the IOE and the FUE indicated that the inactivity of the Minimum Wage Board has resulted in a national minimum wage rate which had remained unadjusted since 1984. According to the IOE and the FUE, the Minimum Wage Advisory Board would need to be reactivated, and the participation of the social partners in the minimum wage fixing machinery would need to be guaranteed. Moreover, the IOE and the FUE underlined that Uganda was benefiting from a growth in GDP which should translate into the full implementation of the Convention as soon as possible. The IOE and the FUE also concurred with the Government on the fact that a study on wage trends in different economic sectors, and an evaluation of the cost of living, together with an analysis of employment trends and various economic factors needed to be conducted before a new minimum wage could be fixed. Finally, the IOE and the FUE called on ILO technical assistance, which they consider desirable for the Government to avail itself of, so that the new minimum wage could be fixed and implemented by July 2015. The Committee requests the Government to provide any information as a follow-up to the discussion of June 2014 before the Conference Committee on the Application of Standards with regard to the reactivation of the Minimum Wage Advisory Board and the subsequent fixation of a new minimum wage in the country, as well as to transmit any comments it may wish to make in reply to the observations formulated by the IOE and the FUE. It also recommends that the Office provides technical assistance to the Government as requested, to enable a new minimum wage to be effectively implemented by July 2015.

[The Government is asked to reply in detail to the present comments in 2016.]

CMNT_TITLE

Articles 1–4 of the Convention. Establishment and operation of minimum wage fixing machinery. With reference to its previous observation, the Committee notes with regret that, to date, no concrete progress has been made with regard to the reactivation and proper functioning of the Minimum Wages Board despite the Committee’s repeated requests over several years to readjust the minimum wage rate, which was last set in 1984. In its latest report, the Government merely indicates that it has initiated a process of identification of the persons to be appointed to the Board, including the social partners, and also that a draft Cabinet paper has been prepared for submission to the competent authority for consideration. In addition, the Government requests the Office to provide technical and financial support with a view to carrying out a study on the wage trends in different sectors of the economy. In view of the ongoing stalemate, the Committee again urges the Government to undertake the long-overdue readjustment of the minimum wage, and, to this end, take prompt action – with the technical assistance of the Office – to enable the Minimum Wages Board to discharge its responsibilities under the Minimum Wages Advisory Boards and Wages Councils Act.

CMNT_TITLE

Articles 1 to 4 of the Convention. Establishment and operation of minimum wage-fixing machinery. The Committee has been commenting for several years on the need to readjust the national minimum wage rate which remains unchanged since 1984 at the level of 6,000 Uganda shillings (UGX) (approximately US$2.50) per month. The Committee has been drawing the Government’s attention to the fact that, in order to be able to fulfil a meaningful role in social policy, the minimum wage should not be allowed to fall below a socially acceptable subsistence level, and that it should maintain its purchasing power in relation to a basic basket of essential consumer goods. Recalling that the Minimum Wages Board last met in 1995 and recommended a monthly minimum wage of UGX75,000, which, however, has never been implemented, the Committee has urged the Government on numerous occasions to take all appropriate measures to reactivate the minimum wage-fixing process based on tripartite consultations. In its last report, the Government limits itself to indicating that steps have been taken in this direction and that at present discussions focus on the composition of the Minimum Wages Board. The Committee understands, however, that the question of setting a new minimum wage has recently been the subject of strong trade union campaigns and vivid parliamentary debate but no concrete progress has been made regarding the revision of the minimum wage. Under the circumstances, the Committee once again urges the Government to take prompt action in order to ensure the reinstatement and proper functioning of the minimum wage-fixing machinery in accordance with the letter and the spirit of the Convention, and recalls that it may draw upon the technical assistance of the Office if it so wishes.

[The Government is asked to reply in detail to the present comments in 2013.]

CMNT_TITLE

Articles 1 to 4 of the Convention. Minimum wage fixing machinery. The Committee notes with regret that the national minimum wage remains unchanged since 1984 and that no progress has been made concerning the reactivation of the Minimum Wages Board and Wages Council. In its last report, the Government limits itself to indicating that the Ministry of Gender, Labour and Social Development has been collecting since 2007 data on occupations, wages and hours of work in an effort to address the issue of the minimum wage while this year a Cabinet Memo was prepared with a view to reactivating the tripartite Minimum Wages Board and Wages Council. The Government adds that among the proposed terms of reference for the Board will be to examine and assess wage levels and harmonize them within the framework of the West African Community. The Committee notes, in this connection, that the National Development Plan 2010–11 to 2014–15 of April 2010 defines as one of the objectives concerning labour and employment, the establishment of a minimum wage for decent income, improved productivity and increase in aggregate demand for goods and services. The Committee recalls that the revision of the national minimum wage, as a tool for social protection and poverty eradication, is long overdue and that at present the minimum wage system does not seem to operate in either law or practice. The Committee therefore asks the Government to take prompt action in order to reactivate the tripartite consultative body for the revision of the national minimum wage and to keep the Office informed of any concrete progress made in this respect.

[The Government is asked to reply in detail to the present comments in 2012.]

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1–4 of the Convention. Minimum wage fixing machinery. The Committee trusts that the Government will supply detailed information in its next report on the application of all the provisions of the Convention in the light of the Employment Act, 2006. The Committee also requests the Government to send available data concerning changes in the minimum wage and the rate of inflation, and also the average wage by branch of activity and occupation.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1–4 of the Convention. Minimum wage fixing machinery. The Committee trusts that the Government will supply detailed information in its next report on the application of all the provisions of the Convention in the light of the Employment Act, 2006. The Committee also requests the Government to reply to its previous observation and in particular to send available data concerning changes in the minimum wage and the rate of inflation, and also the average wage by branch of activity and occupation.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the adoption of the Employment Act, 2006. The Committee trusts that the Government will supply detailed information in its next report on the application of all the provisions of the Convention. The Committee also requests the Government to reply to its previous observation and in particular to send available data concerning changes in the minimum wage and the rate of inflation, and also the average wage by branch of activity and occupation.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It also notes the adoption of the Employment Act, 2006, which it will examine at its next session. The Committee trusts that the Government will supply detailed information in its next report on the application of all the provisions of the Convention. The Committee also requests the Government to reply to its previous observation and in particular to send available data concerning changes in the minimum wage and the rate of inflation, and also the average wage by branch of activity and occupation.

[The Government is asked to report in detail in 2008.]

CMNT_TITLE

The Committee notes the information provided in the Government’s report, in particular the statistical data concerning the average monthly wage by industrial sector and occupation. It also notes that, according to the Government’s report, the national minimum wage has not been adjusted since 1984 and currently stands at 6,000 Uganda shillings (approximately US$3.30) per month. The Committee notes that, according to some accounts, the Minimum Wages Board had adopted in 1997 through tripartite consultations its report containing its recommendations on a national minimum wage, which was subsequently submitted to Cabinet, but no substantive action appears to have been taken since.

In this connection, the Committee recalls that the fundamental objective of the Convention, which is to ensure to workers a minimum wage that guarantees a decent standard of living for them and their families, cannot be meaningfully attained unless minimum wages are periodically reviewed to take account of changes in the cost of living and other economic conditions. The Committee has consistently taken the view that when minimum rates of pay are left to lose most of their value so that they ultimately bear no relationship with the real needs of the workers, minimum wage fixing is reduced to a mere formality void of any substance. The Committee therefore requests the Government to indicate the measures it intends to take to ensure that the minimum wage rate in force fulfils a meaningful role in social policy, which implies that it should not be allowed to fall below a socially acceptable “subsistence level” and that it should maintain its purchasing power in relation to a basic basket of essential consumer goods. The Committee also requests the Government to keep it informed of any further developments concerning the funding and operation of the Minimum Wages Board, especially as regards the consultation and participation of the most representative employers’ and workers’ organizations.

With reference to the recently enacted Employment Act, 2006, the Committee would appreciate receiving a copy. It would also be grateful if the Government could continue to supply information on the practical application of the Convention, including up to date statistics on the number of workers remunerated at the minimum wage rate, extracts from inspection reports showing the number of infringements of minimum wage legislation and sanctions imposed, as well as any other particulars which would enable the Committee to better understand the difficulties encountered or the progress achieved by the Government in discharging its obligations under the Convention.

CMNT_TITLE

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

Article 1 of the Convention, in conjunction with Article 5 and Part V of the report form. According to the Government, the last Minimum Wages Advisory Board was appointed in 1995 and it submitted its report in July 1996 to the Government for appropriate action. The Government issued a statutory instrument to enforce the minimum wage. However, there are other labour laws such as the Employment Decree No. 4 of 1975 and its regulations No. 41 of 1977 which are to enforce the minimum wage. In addition, the Ministry of Labour and Social Welfare has a network of labour officers and labour inspectors to monitor among others the observance of the minimum wage.

The Committee requests the Government to provide information on the results of inspections carried out with respect to the enforcement of the minimum wage regulations (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.). It also asks the Government to provide other general information on the application of the Convention in practice, such as the minimum wage rate(s) in force, the available data on the number and different categories of workers covered by minimum wage provisions, etc.

CMNT_TITLE

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

Article 1 of the Convention, in conjunction with Article 5 and Part V of the report form. According to the Government, the last Minimum Wages Advisory Board was appointed in 1995 and it submitted its report in July 1996 to the Government for appropriate action. The Government issued a statutory instrument to enforce the minimum wage. However, there are other labour laws such as the Employment Decree No. 4 of 1975 and its regulations No. 41 of 1977 which are to enforce the minimum wage. In addition, the Ministry of Labour and Social Welfare has a network of labour officers and labour inspectors to monitor among others the observance of the minimum wage.

The Committee requests the Government to provide information on the results of inspections carried out with respect to the enforcement of the minimum wage regulations (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.). It also asks the Government to provide other general information on the application of the Convention in practice, such as the minimum wage rate(s) in force, the available data on the number and different categories of workers covered by minimum wage provisions, etc.

CMNT_TITLE

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

Article 1 of the Convention, in conjunction with Article 5 and Part V of the report form. According to the Government, the last Minimum Wages Advisory Board was appointed in 1995 and it submitted its report in July 1996 to the Government for appropriate action. The Government issued a statutory instrument to enforce the minimum wage. However, there are other labour laws such as the Employment Decree No. 4 of 1975 and its regulations No. 41 of 1977 which are to enforce the minimum wage. In addition, the Ministry of Labour and Social Welfare has a network of labour officers and labour inspectors to monitor among others the observance of the minimum wage.

The Committee requests the Government to provide information on the results of inspections carried out with respect to the enforcement of the minimum wage regulations (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.). It also asks the Government to provide other general information on the application of the Convention in practice, such as the minimum wage rate(s) in force, the available data on the number and different categories of workers covered by minimum wage provisions, etc.

CMNT_TITLE

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

Article 1 of the Convention, in conjunction with Article 5 and Part V of the report form. According to the Government, the last Minimum Wages Advisory Board was appointed in 1995 and it submitted its report in July 1996 to the Government for appropriate action. The Government issued a statutory instrument to enforce the minimum wage. However, there are other labour laws such as the Employment Decree No. 4 of 1975 and its regulations No. 41 of 1977 which are to enforce the minimum wage. In addition, the Ministry of Labour and Social Welfare has a network of labour officers and labour inspectors to monitor among others the observance of the minimum wage.

The Committee requests the Government to provide information on the results of inspections carried out with respect to the enforcement of the minimum wage regulations (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.). It also asks the Government to provide other general information on the application of the Convention in practice, such as the minimum wage rate(s) in force, the available data on the number and different categories of workers covered by minimum wage provisions, etc.

CMNT_TITLE

The Committee notes the information supplied in the Government's report in reply to its previous comments.

Article 1 of the Convention, in conjunction with Article 5 and point V of the report form. According to the Government, the last Minimum Wages Advisory Board was appointed in 1995 and it submitted its report in July 1996 to the Government for appropriate action. The Government issued a statutory instrument to enforce the minimum wage. However, there are other labour laws such as the Employment Decree No. 4 of 1975 and its regulations No. 41 of 1977 which are to enforce the minimum wage. In addition, the Ministry of Labour and Social Welfare has a network of labour officers and labour inspectors to monitor among others the observance of the minimum wage.

The Committee requests the Government to provide information on the results of inspections carried out with respect to the enforcement of the minimum wage regulations (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.). It also asks the Government to provide other general information on the application of the Convention in practice, such as the minimum wage rate(s) in force, the available data on the number and different categories of workers covered by minimum wage provisions, etc.

CMNT_TITLE

The Committee notes the Government's indication in the report that the Minimum Wage Board appointed to set minimum wages has not been operational since 1984. The Government refers to the high rate of inflation which would render any recommended minimum wage obsolete within a short time, and to structural adjustment programmes, as reasons for the difficulty. It further states that a minimum wage has been directly negotiated between workers and employers and that, according to available information, most establishments or industries are capable of paying a higher minimum compared to that in the government sector.

The Committee notes the above information. It recalls that by ratifying this Convention, a member State undertakes to create or maintain a minimum wage fixing machinery for workers in certain of the trades or parts of trades "in which no arrangements exist for the effective regulation of wages by collective agreement or otherwise and wages are exceptionally low" (Article 1(1) of the Convention).

The Committee also refers to paragraphs 428 and 429 of its General Survey of 1992 on Minimum Wages, in which it indicated that the fundamental objective of the instruments examined was to ensure to workers a minimum wage that would provide a satisfactory standard of living for them and their families, and that this objective should constantly be borne in mind, in particular, when structural adjustment programmes are being applied.

The Committee requests the Government to indicate any measures taken or contemplated to re-establish or create a minimum wage fixing machinery in accordance with the requirements of the Convention, and to provide information on the consultation and participation of the employers' and workers' organizations in this regard.