Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes that the Government’s report only contains information which partially replies to its previous comments. It must therefore repeat its previous observation which read as follows:

The Committee notes the information supplied in the Government’s report in reply to its previous comments, including the text of the Main Agreement for the Iron, Steel, Engineering and Metallurgical Industry, as consolidated in 1996. It further notes the Government’s statement that: (i) labour legislation in South Africa is currently undergoing a complete revision, and certain regulating measures are currently still in operation as part of the transition phase; (ii) the Labour Relations Act, 1956, has been repealed and replaced by Labour Relations Act No. 66 of 1995, as amended by the Labour Relations No. 42 of 1996.

The Committee hopes that these ongoing changes will take into account the Committee’s comments concerning this Convention. It requests the Government to continue to provide information on any developments in this regard.

  Effective fixing of minimum wages

Article 1 of the Convention. The Committee notes the Main Agreement for the Iron, Steel, Engineering and Metallurgical Industry, as consolidated in 1996. It notes that this agreement does not provide for minimum wages in this sector. It also notes the Government’s indication that there are no specific measures taken or envisaged for the regulation of minimum wages during the period for which there is no collective agreement in force. In principle, however, the minimum wage would continue to be acceptable in the industry and the employer would not unilaterally be able to reduce the norm in the absence of the agreement without opening the business, enterprise or industry to an allegation of an unfair practice.

The Committee recalls the explanations provided in paragraph 62 of its 1992 General Survey on minimum wages, according to which the creation and maintenance of methods for fixing minimum wages is not enough to comply with the obligations arising from the Convention, but it is also necessary to use these methods for the effective fixing of minimum wages. The Committee hopes that, in the near future, the Government will take measures to ensure the fixing of minimum wages during the period for which there is no collective agreement in force.

  Binding force of minimum wages

Article 3, paragraph 2(3). In its previous comments, the Committee referred 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 recalled 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. It also noted 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 notes with regret that the Government’s report does not contain any indications with respect to the above request. It hopes that the Government will 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 hopes that the Government will provide information on any proclamation made under this Act that involves suspension of or exemption from enactments concerning the minimum rates of wages.

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