Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Papua New Guinea (Ratification: 1976)

The Committee notes with regret that the Government’s report has not been received. It hopesthat the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

Articles 1 and 3(2) of the Convention. Minimum wage fixing machinery. Further to its previous comment, the Committee notes the Government’s indications concerning the reactivation of the Minimum Wages Board and the adoption of Determination No. 1 of 2008, by virtue of which the national minimum wage was raised to 2.29 Papua New Guinean kinas (PGK) (approximately US$1.1) per hour and PGK100.08 (approximately $48.6) per week. The Committee understands that the previous lower youth wage for new entrants into the labour force between ages 16–21 has now been abolished. The Committee requests the Government to communicate the text of Minimum Wages Board Determination No. 1 of 2008 and to keep the Office informed as regards the forthcoming establishment of the Minimum Wages Board 2012 and any eventual readjustment of the statutory minimum wage.

In addition, the Committee notes that under section 42 of the Industrial Relations Act of 1962, the Head of State may disallow a minimum wage determination at any time, including those published in the National Gazette, if he/she considers that the determination is contrary to public policy or is not in accordance with the best interests of the country. The Committee also notes that under section 10 of the same Act, the participation of employers’ and workers’ representatives in the composition of the Minimum Wages Board seems to be conditional on whether the Head of State, who appoints the board members, considers that the Board should include such representatives for the purposes of the matter referred to it. Recalling the importance it attaches to the principle of full consultation and direct participation of social partners at all stages of the minimum wage fixing process, the Committee requests the Government to provide additional explanations on how these two provisions may be deemed consistent with the requirements of the Convention.

Article 4 and Part V of the report form. Enforcement measures –Application in practice. The Committee notes the Government’s statement that it intends to ratify Minimum Wage Fixing Convention, 1970 (No. 131), and that a proposal to this effect has been submitted to the National Tripartite Consultative Council for its consideration. The Committee requests the Government to keep the Office informed of any decision taken in this regard. It also requests the Government to provide up-to-date information on the manner in which this Convention is applied in practice, including statistics on the number of workers remunerated at the minimum wage rate, labour inspection results indicating the number and nature of any violations reported and the sanctions applied, as well as copies of reports or surveys prepared by, or submitted to, the Minimum Wages Board.