Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 1(1) of the Convention. Coverage of the minimum wage. With reference to its previous comment, the Committee notes the Government’s reply that no measure is envisaged for a possible re-examination of reductions in the minimum wage for young workers who continue to earn, under the terms of section R.255-1 of the Labour Code, 25 per cent of the guaranteed minimum hourly wage (SMG) or of the minimum hourly wage fixed by the applicable collective agreement for young persons who have reached the age of 14 years, and 35 per cent of the SMG or of the minimum hourly wage fixed by the applicable collective agreement for young persons of 15 and 16 years of age.

The Committee once again draws the Government’s attention to the fact that the quantity and quality of the work performed should be the criteria used to determine the wage that is paid and that particular attention should be accorded to the provision to young workers of equitable remuneration taking into account the principle of equal remuneration for work of equal value. The Committee therefore requests the Government to provide information on any further developments in this respect and clarifications 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. In reply to its previous comment, the Committee notes the Government’s indication that the adjustment of the minimum wage during the period from 1 January 2005 to 1 July 2007 complies with the objective of promoting an increase in the purchasing power of employees on the lowest remuneration and is due to the particularly high inflation rate. The Committee also notes that, for the same reasons, by Act No. 2010-2 of 15 January 2010, the Government temporarily set aside the rule of fixing the minimum wage under section Lp. 142-1 of the Labour Code and proceeded to the adjustment of the SMG by means of orders, raising it progressively to 150,000 CFP francs (around €1,260). The Committee requests the Government to keep the Office informed of any further developments concerning the adjustment of the SMG and the guaranteed minimum agricultural wage (SMAG) by laws or regulations or collective agreements.