Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Lesotho (Ratification: 1966)

Article 3(2) of the Convention. Minimum wage fixing machinery. The Committee notes the Government’s explanations concerning the appointment of the Wages Advisory Board every four years with the participation of 12 employers’ and 12 workers’ representatives and the annual review of the minimum wage rates applicable to the eight main sectors of the national economy. The Committee understands that the Wages Advisory Board was last established by Labour Code (Establishment of Wages Advisory Board) Notice, 2008 (LN No. 76 of 2008) and that the minimum wage rates were last revised by Labour Code Wages (Amendment) Order 2008 (LN No. 158 of 2008) for the following sectors: clothing, textile and leather manufacturing; construction; wholesale sector; retail sector; hospitality sector; service sector; small business; and domestic workers. It also understands that the general minimum wage for workers employed in other sectors was readjusted in 2008 and currently stands at 844 loti per month (approximately US$115) for employees with 12 months of service or more. The Committee requests the Government to continue to provide up to date information, including copies of any relevant legal texts, concerning the operation of the minimum wage fixing machinery.  

Article 5 and Part V of the report form. Application in practice. The Committee notes the Government’s reference to the difficulties encountered by the labour inspection services in enforcing minimum wages in remote areas and in the domestic sector. The Committee would appreciate if the Government would make an effort to collect and transmit general information concerning the application of the Convention in practice, including, for instance, statistical data on the evolution of minimum wage rates in recent years as compared to the evolution of economic indicators such as the consumer price index in the same period, the approximate number of workers paid at the minimum wage rate, if possible broken down by sex and age, inspection results showing the number of contraventions of the minimum wage legislation and the sanctions imposed, copies of official surveys or reports on issues related to minimum wage policy, etc.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.