Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Wage Fixing Convention, 1970 (No. 131) - New Caledonia

Article 1, paragraph 1, of the Convention. Coverage of the minimum wage. The Committee notes that, in reply to its previous comments concerning the minimum hourly wage of young employees, the amount of which is between 25 per cent (for young persons of 14 years of age or above) and 35 per cent (for young persons between 15 and 16 years of age) of the guaranteed minimum hourly wage (SMG) or the minimum hourly wage determined by the applicable collective agreement, the Government indicates that there have been no changes in the legislation in this respect. The Committee wishes to emphasize once again the importance of complying with the principle of equal remuneration for work of equal value, set out in the Preamble to the Constitution of the ILO. The Minimum Age Recommendation, 1973 (No. 146), calls for special attention to be given to the provision to young workers of fair remuneration, bearing in mind the principle of “equal pay for equal work” (Paragraph 13(1)(a)). As the Committee emphasized in its General Survey of 1992 on minimum wages (paragraphs 175 and 176), the Convention does not preclude the fixing of different minimum wage rates for specific groups, for example on account of the age of the workers concerned. However, the reasons that prompted the adoption of lower minimum wage rates for these groups of workers should be regularly re-examined in the light of the principle of equal remuneration for work of equal value. In this respect, the Committee draws the Government’s attention to section R.141-1 of the French Labour Code, applicable in Metropolitan France and in the overseas departments, which provides for a lower minimum wage for workers under 18 years of age, while abolishing this reduction for young workers who have completed at least six months of vocational practice in the relevant branch. This provision is based on a temporary assumption of lower productivity by workers under 18 years of age in relation to adults although, after six months of activity, the work performed by the young worker is presumed to be of equal value to that of an adult. Such a provision therefore reconciles the objectives of the Government in relation to employment policy with compliance with the principle of equal remuneration for work or equal value. The Committee requests the Government to re-examine, in consultation with the representative organizations of employers and workers, the reasons that prompted the adoption of a lower minimum wage rate for young workers and, where appropriate, to examine the possibility of adopting provisions similar to those set out in section R.141-1 of the Labour Code. The Committee also requests the Government to provide information on the minimum wage applicable to workers of at least 16 years of age, but under 18 years.

Article 3. Amount of the minimum wage. The Committee notes that under the terms of section 25-1 of Order No. 85-1181 of 13 November 1985, as amended by territorial Act No. 2005-1 of 11 January 2005, the application of the rules envisaging the indexation of the minimum wage (SMG) in relation to fluctuations in the official cost of living index in New Caledonia is set aside for the period between 1 January 2005 and 1 July 2007. It further notes that during this period it is envisaged that the Government of New Caledonia will increase the minimum wage by means of orders issued following consultations with the Labour Advisory Commission with a view to fixing the amount at a higher level than that resulting from the application of the normal rules. The Committee notes that the SMG rose from 110,000 CFP francs (around 925 euros) on 1 January 2005, to 115,000 CFP francs (around 967 euros) on 1 January 2006 and that it has been 120,000 CFP francs (around 1,010 euros) since 1 January 2007. The Committee requests the Government to provide information on the reasons for the adoption of specific rules for the readjustment of the minimum wage during that period, and especially to indicate whether this was due to a particularly high rate of inflation. The Government is also requested to communicate the views which were expressed on this subject by the social partners in the Labour Advisory Commission.

Part V of the report form. The Committee notes the wage scales provided by the Government for a large number of sectors. It would be grateful if the Government would continue providing material enabling the Committee to have a general appreciation of the application of the Convention in practice and, in particular, information on the percentage of workers who are paid the minimum wage, as well as extracts from the reports of the labour inspection services indicating the number of infringements reported of the minimum wage legislation and the penalties imposed in this respect.