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

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

Articles 1 and 2 of the Convention. Scope of minimum wage fixing machinery. Further to its previous comment, the Committee notes the Government’s indication that there have been no new sectoral determinations while the welfare sector investigation has been completed and the findings are currently tabled at the Employment Conditions Commission (ECC) for deliberation. It also notes that the Government is in the process of commissioning another investigation into the unskilled labour sector while a study to determine the possible impact of sectoral determinations on poverty alleviation is still under way. The Committee would be grateful if the Government would provide in its next report all relevant information concerning the progress made in publishing the new sectoral determinations for the welfare and the unskilled labour sectors.

In this respect, the Committee wishes to refer to its 2009 general observation in which reference was made to the Global Jobs Pact, adopted by the International Labour Conference in June 2009 in response to the global economic crisis, which places particular emphasis on the need to strengthen respect for international labour standards and expressly identifies wages-related ILO instruments as being relevant in order to prevent a downward spiral in labour conditions and build recovery (paragraph 14). It further suggests that governments should consider options such as minimum wages that can reduce poverty and inequity, increase demand and contribute to economic stability (paragraph 23) and points out that, in order to avoid deflationary wage spirals, minimum wages should be regularly reviewed and adapted (paragraph 12). The Committee accordingly requests the Government to provide information on any further developments concerning the readjustment of minimum wage rates or other wage policy measures taken or planned in connection with the current economic crisis.

Article 3(2). Participation of employers’ and workers’ representatives in the minimum wage fixing machinery. The Committee notes the information provided by the Government on the composition, mandate and rules of procedure of the ECC. The Committee would thank the Government for continuing to provide all relevant information concerning the full consultation and direct participation of representative employers’ and workers’ organizations at all stages of the minimum wage fixing process, as required by this Article of the Convention.

Article 4. Enforcement measures. Following up on its previous comment, the Committee would appreciate receiving concrete information concerning the operation in law and practice of the system of inspection and sanctions that ensures compliance with the minimum wage legislation.

Article 5 and Part V of the report form. Application in practice. The Committee notes the statistical data provided by the Government concerning the number of workers covered by the sectoral determinations currently in force. The Committee would be grateful if the Government would continue to supply documented information on the effect given to the Convention in practice, including, for instance, information on the evolution of minimum pay rates as compared to the evolution of economic indicators such as the consumer price index, the approximate number of workers remunerated at the minimum pay rate, if possible broken down by sex and age, inspection results showing the number of infringements of the minimum wage legislation observed and sanctions imposed, extracts from official studies or reports on minimum wage policy, etc.

Finally, as regards the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), the Committee notes the Government’s statement that there have not yet been any consultations with the social partners regarding the ratification of this Convention. The Committee requests the Government to keep the Office informed of any new developments in this regard.