Minimum wage law


Minimum wage law is the body of law which prohibits employers from hiring employees or workers for less than a given hourly, daily or monthly minimum wage. More than 90% of all countries have some kind of minimum wage legislation.

History

Until recently, minimum wage laws were usually very tightly focused. In the US and Great Britain, for example, they applied only to women and children. Only after the Great Depression did many industrialized economies extend them to the general work force. Even then, the laws were often specific to certain industries. In France, for example, they were extensions of existing trade union legislation. In the US, industry specific wage restrictions were held to be unconstitutional. The country's Fair Labor Standards Act of 1938 established a uniform national minimum wage for nonfarm, nonsupervisory workers. Coverage was later extended to most of the labor force.

Australia

The Australian National Minimum Wage is the minimum base rate of pay for ordinary hours worked to any employee who is not covered by a Modern Award or an Agreement. In 1896 in Victoria, Australia, an amendment to the Factories Act provided for the creation of a wages board. The wages board did not set a universal minimum wage; rather it set basic wages for 6 industries that were considered to pay low wages. First enacted as a four-year experiment, the wages board was renewed in 1900 and made permanent in 1904; by that time it covered 150 different industries. By 1902, other Australian states, such as New South Wales and Western Australia, had also formed wages boards. The notion of a "basic wage" was established in 1907 with the Harvester Judgment. In Australia, on 14 December 2005, the Australian Fair Pay Commission was established under the Workplace Relations Amendment Act 2005 responsible for the adjustment of the standard federal minimum wage, replacing the role of the Australian Industrial Relations Commission that took submissions from a variety of sources to determine appropriate minimum wages. The Australian Fair Pay Commission was replaced by Fair Work Australia in 2010.

Australian historical rates

Brazil

Since Plano Real, the Brazilian national minimum wage is adjusted annually. Historical data and a rough approximation to US Dollars can be seen in the table below.
Starting dateValue Value
1 July 199464,7970,96
1 September 199470,0081,30
1 May 1995100,00104,82
1 May 1996112,00109,06
1 May 1997120,00108,89
1 May 1998130,0095,45
1 May 1999136,0074,52
3 April 2000151,0079,85
1 April 2001180,0073,71
1 April 2002200,0063,88
1 April 2003240,0082,08
1 May 2004260,0091,48
1 May 2005300,00130,82
1 April 2006350,00162,52
1 April 2007380,00201,60
1 March 2008415,00218,67
1 February 2009465,00236,27
1 January 2010510,00293,77
1 January 2011540,00332,92
1 March 2011545,00336,00
1 January 2012622,00348,08
1 January 2013678,00331,38
1 January 2014724,00302,80
1 January 2015788,00280,33
1 January 2016880,00225,41
1 January 2017937,00283,94
1 January 2018954,00
1 January 2019998,00
1 January 20201.039,00
1 February 20201.045,00
1 January 20211.100,00
1 January 20221.212,00
1 January 20231.302,00
1 May 20231.320,00
1 January 20241.412,00
1 January 20251.518,00

In Brazil each increase the minimum wage results in a significant burden on the federal budget, because the minimum wage is tied to social security benefits and other government programs and salaries.

Canada

Under the Canadian Constitution's federal-provincial division of powers, the responsibility for enacting and enforcing labour laws rests with the ten provinces; the three territories also were granted this power by virtue of federal legislation. This means that each province and territory has its own minimum wage. Some provinces allow lower wages to be paid to liquor servers and other tip earners, and/or to inexperienced employees.
The federal government could theoretically set its own minimum wage rates for workers in federal jurisdiction industries. As of 2006 however, the federal minimum wage is defined to be the general adult minimum wage rate of the province or territory where the work is performed. This means, for example, that an interprovincial railway company could not legally pay a worker in British Columbia less than $10.45 an hour regardless of the worker's experience.

People's Republic of China

The Ministry of Human Resources and Social Security set the People's Republic of China's first minimum wage law on 1 March 2004. The Regulations on Enterprises Minimum Wage was made to "ensure the basic needs of the worker and his family, to help improve workers' performance and to promote fair competition between enterprises." One monthly minimum wage was set for full-time workers, and one hourly minimum wage for part-time workers. Provinces, municipalities, and autonomous regions are allowed to legislate for their own minimum wage separate from the national one.
A law approved February 2013 mandates a nationwide minimum wage at 40% average urban salaries to be phased in fully by 2015. See List of minimum wages in China for a list of the latest minimum monthly wages for various provinces or municipalities in China.

European Union

In the European Union 18 out of 27 member states currently have national minimum wages. Many countries, such as Sweden, Finland, Denmark, Austria, Italy, and Cyprus have no minimum wage laws but rely on employer groups and trade unions to set minimum earnings through collective bargaining.

France

The first nationwide minimum wage in France was introduced via the Interprofessional Guaranteed Minimum Wage law, passed in 1950 and accompanied by a High Commission for Collective Agreements and a companion law known as "SMAG" for rural/agricultural occupations. The SMIG, which established one baseline hourly wage rate for the Paris region and one for the rest of the country, was indexed to price inflation but rose more slowly than average wages. It was replaced by in 1970, which remains the basis of the modern minimum wage law in France.
The national minimum wage in France is updated by the government every year in January. By law, the increase cannot be lower than the inflation rate for the previous year. In recent years, the increase was up to two times higher than inflation.
In 2004, 15% of the working population received the minimum wage. In July 2006, the minimum wage in France was set at €8.27 per hour. In July 2008 it was set at €8.71 per hour. An increase of 1.3% on 1 July 2009 brought the hourly rate to €8.82. In 2010, the minimum wage was increased by 0.5% to €8.86 per hour.

Germany

Germany's national minimum wage law came into force on 1 January 2015, introducing Germany's first nationwide legal minimum wage to the amount of €8.50 per hour. The German minimum wage level will be updated every other year by a minimum wage commission and acceptance by the government. Since a legal minimum wage law is a derogation of the constitutional right of a collective tariff autonomy, it is discussed whether and to what extent the minimum wage is consistent with the constitution.

Hong Kong

The Legislative Council of Hong Kong passed the Minimum Wage Bill in 2010, requiring the Chief Executive to propose a minimum wage. Through a Provisional Minimum Wage Commission appointed by the government, a HK$28 hourly wage floor was introduced and eventually accepted by the LegCo after much debate. Prior to this, a monthly minimum wage of HK$3,580 for foreign domestic helpers had already been set. In some trades, such as bar-bending and bamboo scaffolding workers in the construction industry, have daily minimum wage negotiated between the trade unions and employers' organisations. As of September 2018, the statutory minimum wage is HK$37.50 per hour.