Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Articles 1 and 3 of the Convention. Minimum wage-fixing machinery – Consultations with the social partners. The Committee notes the Government’s indications that minimum wage rates are revised annually based on the recommendations of the Wages Advisory Board (WAB). It notes, in particular, the Labour Code Wages (Amendment) Order, 2012, which sets sector-specific minimum pay rates for the eight main sectors of the national economy as well as a general minimum wage for all other categories of workers. Minimum monthly wages vary, therefore, from to 385 maloti (LSL) (approximately US$42) for domestic workers to LSL908 (approximately $98) in the textile industry and LSL2,308 (approximately $249) in construction. In addition, the Committee notes the Government’s reference to an official study, carried out with the assistance of the International Labour Office, according to which the minimum monthly wage to cover workers’ subsistence needs would be LSL1,415 (approximately $155) while the minimum wage to cover their basic needs would be LSL2,148 (approximately $235). The Committee requests the Government to indicate the steps it intends to take in order to follow up on the findings and recommendations of the technical assistance received from the Office.

Moreover, the Committee notes the Government’s indication that the criteria applied by the Wages Advisory Board in recommending minimum wages for 2012–13 included among others the needs of workers and their families, the cost of living, the general level of wages, the relative living standards of other social groups, productivity levels and the capacity of employers to pay. The Committee requests the Government to indicate whether the social and economic considerations that must be taken into account in reviewing and readjusting minimum wage levels are now reflected in a specific legal text, and if so, to transmit a copy of the relevant document.

The Committee notes the Government’s explanations concerning certain difficulties encountered with respect to the appointment of WAB workers representatives and the conduct of tripartite consultations. More concretely, the Government indicates that the appointment of the new WAB members in 2012 met with complaints from the three workers’ federations that were excluded from nominating WAB members. An attempt was made to resolve the issue by signing a Memorandum of Understanding that outlines the manner in which the four workers’ federations will be represented in the statutory bodies, including the WAB, but apparently the impasse remains. In this respect, the Committee also notes that according to the Lesotho Decent Work Country Programme (Phase II) 2012–17 concluded on 29 February 2012 between the Government, its social partners and the ILO, the practice of social dialogue remains ineffective and uncoordinated often resulting in union rivalry and inadequate capacity of social partners to effectively influence policies, programmes and strategies. The DWCP 2012–17 framework agreement also indicates that the Labour Code does not provide clear criteria on which the Wages Advisory Board shall base its recommendations.

The Committee recalls, in this regard, that while one of the core requirements of the Convention is that the minimum wage fixing machinery must be set up and operated in consultation with representatives of the employers and workers concerned participating in equal numbers and on equal terms, the form in which this consultation and participation is to be carried out is left to be determined by national laws and regulations. As regards the appointment of representatives of employers and workers, however, the Committee wishes to refer to paragraph 206 of the 1992 General Survey on Minimum Wages, in which it noted that the fact that, as frequently occurs, certain countries recognize a certain number of rights in respect of the most representative organizations does not mean that minority organizations have no rights whatsoever. Recognition should at least be given to the right of minority organizations to make representations on behalf of their members, and, where applicable, to defend the individual interests of these members. The Committee therefore requests the Government to continue to provide information on any progress made in strengthening the institutionalized framework for effective and genuine tripartite consultations in the light of the priorities identified in the Decent Work Country Programme 2012–17 and the technical assistance provided by the International Labour Office regarding the operation of the minimum wage fixing machinery.

Article 4. System of supervision and sanctions. The Committee notes that according to the Government’s report, difficulties persist insofar as the enforcement of minimum wages in the domestic sector is concerned. Recalling the adoption of the Domestic Workers Convention, 2011 (No. 189), in particular Article 17 which requires ratifying member States to develop and implement measures for labour inspection, enforcement and penalties with due regard for the special characteristics of domestic work, the Committee requests the Government to consider appropriate enforcement measures in order to ensure compliance with the minimum wage rates applicable to domestic workers.