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

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - South Africa (Ratification: 1932)

Article 3, paragraph 2(1) and (2), of the Convention. 1. In previous comments, the Committee noted that under the Wage Act of 1957 there is no requirement that workers or their representatives be always consulted before the minimum wage rates are set, although there are provisions allowing them to make submissions along with the general public or other interested parties. It also pointed out that the supplied information indicates that the employers concerned were consulted and were even empowered to make proposals for the fixing of minimum wage rates, and it requested the Government to indicate the measures taken or contemplated to meet the requirements of Article 3, paragraph 2(2), of the Convention as regards equal treatment of workers and employers.

The Government states that employers and employees are in fact invited to make written or oral representations to the Wage Board before wages are determined by the Board. The Committee requests the Government to supply further information on measures taken or envisaged to ensure that such representations of the employers and workers are made in any case on equal terms. In this connection, the Committee notes the Government's statement that provisions also exist for representatives in equal numbers of employers and employees to be appointed as assessors to assist the Board during the investigation of a particular trade. It asks the Government to detail such provisions in the next report.

2. With reference to the Labour Relations Act, 1956, as amended in 1981, under section 51A of which the Minister of Manpower may make a wage order binding upon employers and employees, after consultation with the Wage Board established by the Wage Act, following proposals submitted by employers engaged in any undertaking, industry, trade or occupation in any area in respect of which no industrial council is registered, the Government states that although there is no legal requirement for employers and employees concerned to be consulted before minimum wage rates are implemented, such consultations are in fact a prerequisite set by the Minister for the application of negotiated wage agreement to them. The Committee again points out that the Convention requires that the workers or their representatives always be consulted before fixing minimum wages and that the employers and workers be associated in the operation of the minimum wage-fixing machinery in any case in equal numbers and on equal terms. The Committee requests the Government to indicate, in addition to providing information on the measures to ensure the equal association of the employers and workers in the Wage Board, as requested above, in detail in what manner the consultations with the employers and workers that the Government refers to have been held.

Article 3, paragraph 2(3). 3. The Committee notes from the Government's report that during the period covered by the report no exemptions in terms of section 51A(5) of the Labour Relations Act were granted from the requirement to pay minimum wages. The Committee hopes that the Government will continue to supply information on this matter in future reports.