Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Malawi (Ratification: 1965)

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:

The Committee notes Employment Act No. 6 of 2000 on minimum wage fixing machinery for all professions and occupations, including agriculture, which replaces Cap. 55:01 on minimum wages and working conditions. The Committee notes that this legislation creates a legal system for minimum wage fixing machinery, which is different from the previous one. It also notes that, according to section 54(1) of the Employment Act, it is up to the Minister, if he deems it appropriate, to fix a minimum wage for certain categories of workers, or to consult the appropriate employers’ and workers’ organizations as to the rate, where previously these types of consultations took place within tripartite structures such as the Wages Advisory Council and Wages Advisory Board, who were required to meet at least once a year. Furthermore, the Committee notes that the law establishes criteria that the Minister must, to the extent possible, take into consideration for purposes of minimum wage fixing, and the obligation formulated in section 54, subparagraph 4, of this law, according to which the Minister must review minimum wage levels, in consultation with workers’ and employers’ organizations, at least once every three years; whereas, in the former system, revisions were carried out every two years or when the national consumer price index increased by 20 per cent – whichever occurred first. The Committee also notes that, as provided by section 55, minimum wages fixed according to the aforementioned procedure cannot be reduced, on pains of sanctions, and the right to fix salaries above the legal minimum through collective bargaining is guaranteed. The Committee requests the Government to provide the necessary information on the following matters.

Article 2 of the Convention. The Committee recalls that, according to this Article of the Convention, the Government is free to determine to which trades or parts of the trades the minimum wage fixing machinery shall be applied, provided a thorough preliminary consultation with employers’ and workers’ organizations has taken place. It notes that the labour legislation contains provisions for consultation with employers’ and workers’ organizations only when minimum rates of wages are being fixed or when the Minister considers it necessary to modify minimum wage fixing procedures, but not before the selection of the trades or parts of the trades concerned, as required by the Convention. The Committee therefore requests the Government to inform the Office, in its next report, on the measures taken or envisaged to fully implement the provisions of this Article of the Convention and to specify how it is carrying out consultations with employers’ and workers’ organizations.

Article 3, paragraph 2(2). The Committee notes that the Government indicated in its report submitted under the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), that consultation with appropriate employers’ and workers’ organizations was being carried out on a basis of complete equity both in terms and in numbers. It also notes that Employment Act No. 6 of 2000 contains nothing on how minimum wage fixing machinery is to be implemented or ways in which employers and workers concerned could participate in the implementation of such machinery. The Committee requests the Government to provide more ample information regarding legal instruments or other means for effectively guaranteeing respect for the principle of participation, in equal numbers and on equal terms, of the social partners in implementing the minimum wage fixing machinery, as required by the Convention.

Article 4, paragraphs 1 and 2. The Committee requests the Government to provide particulars on all the measures taken to inform employers and workers of minimum rates of wages in force, in particular by means of posters in appropriate locations. The Committee further requests the Government to specify judicial or other means for workers to recover monies due and deadlines established by national legislation for workers to exercise this right, and to continue to provide a detailed description of the operation of the system of supervision and sanctions which guarantees respect for the minimum applicable rate of wages.

Article 5 and Part V of the report form. Referring to previous comments, the Committee requests the Government to provide, in its next report, information on the results of inspections carried out, such as the number of violations of minimum wage provisions, fines imposed, etc., and the approximate number of workers to which minimum wage fixing machinery applies. Furthermore, the Committee notes that, according to the Government’s report under the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), it has fixed minimum rates of wages for merchants, artisans, technicians and apprentices, and requests the Government to communicate in its next report the actual rates so fixed.