Minimum wage

The right to enjoy just and favourable working conditions recognises that the State must protect the right to fair remuneration that must also be enough to provide workers and their families with a decent standard of living. The minimum wage should be enough to provide a worker and their family with adequate food, clothing and housing. The ILO states that minimum wages should, for example, take into account issues such as the cost of living and the needs of workers and their families.

Implications for business

Companies can have a significant impact on the right to enjoy just and favourable working conditions, including the right to fair remuneration. Companies should at the very least comply with government minimum wage legislation. Companies could move to developing a system whereby it and its sub-contractors pay a living wage.

The following examples were identified through background research:

  • Novartis is one of a handful of companies that has committed to paying a living wage to all of its direct employees around the world. Since 2004, Novartis has adjusted the salaries of employees in various countries in line with the living wage.
  • In Brazil, the minimum wage has risen around 46% since President Luiz Inacio Lula da Silva came to power in 2003. An increase in January 2009 is thought to directly benefit 42.1 million Brazilians.
  • NGO MakeITfair reported in March 2009 that workers in electronics factories that produce games consoles in China are increasingly finding that the payment of minimum wages is standard. However, they note that, as this wage is low, workers are often forced to work up to 11 hours a day for six days a week to earn enough to live.
  • In Russia, approximately 14% of the population have income levels below the official subsistence minimum.
  • In the Philippines, violations of minimum wage standards are common, as is the practice of using contract employees to avoid payment of required benefits, including in the Export Processing Zones. During 2007 the Department of Labour and Employment established that 18% of the 23,313 commercial establishments assessed by them were not in compliance with the minimum wage laws.

Identifying the dilemma

How does a company respect the right to an adequate standard of living for employees when operating in a country where the legally mandated minimum wage fails to do so and low wages and rising food prices are impacting on the purchasing power of the urban workforce?

The following have been identified as possible components of this dilemma:

  • Minimum wage vs. living wage
  • No legally mandated minimum wage
  • National minimum wage not enforced
  • Increased living costs
  • Business competitiveness
  • Variation in cost of living within a country e.g. capital cities
  • Contract labour

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