Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

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

1. The Committee referred in the previous comments to the Temporary Removal of Restrictions on Economic Activities Act of 1986, under which the State President may, by proclamation, suspend, or grant exemption from, the provisions of any enactment having force of law. It requested the Government to indicate measures taken to ensure that the application of the provisions of the Convention is not affected by proclamation made under the Act of 1986.

The Committee notes the Government's indication that the objective of this 1986 Act can better be achieved by way of exemption which is subject to consultation between the parties concerned. It recalls that Article 3, paragraph 2(3), of the Convention requires minimum rates of wages to be binding on the employers and workers concerned and does not allow abatement except by collective agreement with the general or particular authorization of the competent authority. The Committee also notes that section 2 (concerning consultation) of the 1986 Act provides only for optional consultation, inter alia, with persons representing the class of persons concerned.

The Committee requests the Government to indicate any measures taken or contemplated to ensure the application of the provisions of the Convention, and in particular of Article 3, paragraph 2(3), with regard to the proclamation made under the 1986 Act. It also requests the Government to provide information on any proclamation made under this Act that involves suspension of or exemption from enactments concerning the minimum rates of wages.

2. With reference to the previous comments concerning the fixing and implementation of the minimum wages in the metal industry, the Committee notes that the Government refers to the latest Iron, Steel and Metallurgical Industry's Main Industrial Council Agreement concluded on 3 September 1991 and provides a list of the representative employers' amd workers' organizations concerned. The Government indicates that a copy of this agreement, which expired on 30 June 1992, has already been submitted to the Committee and that no collective agreement fixing minimum wages is currently in force in this industry, a new agreement still being under negotiation.

The Committee notes this information. It also notes that the copy of the above-mentioned agreement has not been received.

The Committee notes the information provided in the Special Report of the Director-General on the Application of the Declaration concerning Action against Apartheid in South Africa (ILC, 79th Session 1992) according to which an agreement in the steel industry between the National Union of Metalworkers of South Africa (NUMSA), the Confederation of Metal and Building Unions (CMBU) and the Steel and Engineering Industries Federation of South Africa (SEIFSA) included wage increases.

The Committee again requests the Government to communicate copies of any collective agreements fixing minimum wages currently in force in the metal industry. It also requests the Government to indicate any measures taken or envisaged for the regulation of minimum wages during the period for which there is no collective agreement in force for this purpose.

3. The Committee notes the Government's statement that the areas of Transkei, Bophuthatswana, Venda and Ciskei can be approached directly for information concerning the application of the Convention. With reference to the general observations it has been making, the Committee can only reiterate its request that the Government should provide full information on the application of the Convention in these areas.