Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wage) and 95 (protection of wages) together.

The Committee notes with deep concern that the Government’s reports on Conventions Nos 26 and 95, due since 2016, have not been received. In light of its urgent appeals launched to the Government in 2019 and 2020, the Committee proceeds with the examination of the application of Conventions Nos 26 and 95 on the basis of the information at its disposal.

Articles 1, 2 and 3 of Convention No. 26. Minimum wage-fixing machinery and its coverage. Participation of social partners. The Committee previously noted that, following the implementation in 2008 of the minimum wage recommended by an advisory board in 1998, a new Minimum Wage Advisory Board (MWAB), comprising representatives of the Ministries of Finance and Agriculture as well as three employer and three worker members, was appointed to raise the minimum wage based on information from all stakeholders and comparative data from countries within the Caribbean Community.

The Committee notes that, according to a press release published on the Government’s official website, the Minister with responsibility for labour indicates that: (i) the Cabinet of Dominica has taken the decision to increase the minimum wage, effective from 1 September 2021, set per categories of workers, seeking to cover the most vulnerable ones; (ii) this revision was carried out through consultations with all stakeholders (including within the MWAB), a market survey and technical assistance from the ILO; (iii) this minimum wage review is a first step of an annual or bilateral review undertaken to refine the minimum wage and to monitor the effects of the new minimum wage for the relevant categories. The Committee requests the Government to provide information on any development regarding the envisaged review of the minimum wage in the country, including details on consultations held within the framework of the Minimum Wage Advisory Board or on any other form of participation by employers’ and workers’ representatives in this regard.

Article 2 of Convention No. 95. Scope of application. The Committee had previously noted that the Protection of Wages Act only applies to workers performing manual labour, while clerical workers are excluded from its scope of application (section 2). It had also noted that under the Labour Contracts Act, certain categories of workers other than manual workers (except, notably, for state employees, part-time workers and agricultural workers) also enjoy wage protection, but only insofar as the method and periodicity of payment are concerned. Based on this, the Committee had requested the Government to ensure that the protection contemplated in the Convention is extended to all workers who are not currently covered by the above Acts. The Committee notes that there seems to be no information publicly available indicating that progress has been made in this regard. The Committee recalls that, in its first report, the Government did not indicate any category of persons which it proposed to exclude from the application of all or any of the provisions of the Convention, in accordance with Article 2(1) of the Convention. The Committee once again requests the Government to take the necessary measures to ensure that the protection contemplated in the Convention is extended to all workers who are not currently covered by the abovementioned Acts.

Article 4. Partial payment of wages in kind. In previous comments, the Committee noted that section 13 of the Protection of Wages Act provides that nothing in this Act shall render illegal an agreement or contract with a worker for giving to him food, a dwelling place or other allowance or privileges in addition to money wages as a remuneration for his services, but so that no employer shall give to a worker any intoxicating liquor by way of such remuneration. In this respect, the Committee recalled that only the payment of part of the wage in kind can be authorized under Article 4, and that adequate measures must be taken to ensure that: (i) such allowances are appropriate for the personal use and benefit of the worker and his or her family; and (ii) the value attributed to such allowances is fair and reasonable. The Committee notes that no available information seems to indicate that progress has been made in this regard. The Committee requests the Government to take the necessary measures to ensure that full effect is given to this Article of the Convention and to provide information on any progress made in this regard.

Article 8. Deductions from wages. The Committee notes that section 8 of the Protection of Wages Act prohibits deductions except in the case of injury to materials or other property of an employer occasioned by the wilful misconduct or neglect of a worker. It also notes that section 19 of the same Act prescribes that an employer may, with the consent of the worker, make deductions from the wages of the worker and pay to the appropriate person any contributions to provident or pension funds or schemes agreed to by the worker and approved by the Labour Commissioner. Noting that no specific limits are established in the abovementioned Act in relation to the amounts of possible deductions and that no overall limit exists in the legislation, the Committee recalls that, in addition to setting specific limits for each type of deduction, it is also important to establish an overall limit beyond which wages cannot be further reduced, in order to protect the income of workers in the case of multiple deductions. The Committee requests the Government to provide information on the measures taken or envisaged in this regard and on the application of section 8 of the Protection of Wages Act, in practice, particularly regarding the procedure in place for the determination of workers’ liability in this context.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3(2)(2) of the Convention. Equitable representation of employers’ and workers’ organizations and periodic adjustment of the minimum wage. The Committee has been commenting for a number of years on the need to amend section 6(3) of the Labour Standards Act of 1977 in order to provide for the participation of employers’ and workers’ representatives in equal numbers and on equal terms in the operation of the minimum wage fixing machinery, as required by this Article of the Convention. The Committee notes with regret that the Government is still not in a position to report any progress on this point apart from indicating that the Industrial Relations Advisory Committee (IRAC) is now preparing recommendations for its consideration. The Committee wishes to emphasize that one of the essential obligations of all ILO minimum wage instruments is that the minimum wage fixing machinery must be set up and operated in consultation with organizations of employers and workers who must participate on an equal footing. The Committee once again expresses the hope that the Government will not fail to take the necessary measures in order to modify section 6(3) of the Labour Standards Act and ensure the participation of employers’ and workers’ representatives on a basis of equality in the operation of the minimum wage fixing machinery.

In addition, the Committee recalls that the tripartite Minimum Wage Advisory Board (MWAB), which was appointed in 2008, was expected to raise the minimum wage upon obtaining information from all stakeholders and comparative data from countries within the Caribbean Community, and possibly review also the categories of workers and forms of employment covered by the minimum wage. In its last report, the Government merely indicates that there has been no progress regarding the upward review of the minimum wage since the last Minimum Wage Order of 2008. The Committee accordingly requests the Government to keep the Office informed of any developments in this respect and to communicate any new minimum wage rates as soon as they are adopted.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2, 4, 8, 10 and 12 of the Convention. Scope of application, partial payment of wages in kind, wage deductions, attachment and assignment of wages, and payment of wages at regular intervals. The Committee has been drawing the Government’s attention for a number of years to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and has been suggesting that appropriate steps be taken to give full effect to the requirements of Articles 2, 4, 8, 10 and 12 of the Convention. In a previous report, the Government states that regrettably there has been no change to national legislation but adds that the amendment of the labour legislation has been included in its Decent Work Agenda with a view to bringing national law in full compliance with the provisions of the Convention. The Committee once again requests the Government to take the necessary measures in the very near future in order to give full effect to the above-referenced provisions of the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3(2)(2) of the Convention. Equitable representation of employers’ and workers’ organizations and periodic adjustment of the minimum wage. The Committee has been commenting for a number of years on the need to amend section 6(3) of the Labour Standards Act of 1977 in order to provide for the participation of employers’ and workers’ representatives in equal numbers and on equal terms in the operation of the minimum wage fixing machinery, as required by this Article of the Convention. The Committee notes with regret that the Government is still not in a position to report any progress on this point apart from indicating that the Industrial Relations Advisory Committee (IRAC) is now preparing recommendations for its consideration. The Committee wishes to emphasize that one of the essential obligations of all ILO minimum wage instruments is that the minimum wage fixing machinery must be set up and operated in consultation with organizations of employers and workers who must participate on an equal footing. The Committee once again expresses the hope that the Government will not fail to take the necessary measures in order to modify section 6(3) of the Labour Standards Act and ensure the participation of employers’ and workers’ representatives on a basis of equality in the operation of the minimum wage fixing machinery.

In addition, the Committee recalls that the tripartite Minimum Wage Advisory Board (MWAB), which was appointed in 2008, was expected to raise the minimum wage upon obtaining information from all stakeholders and comparative data from countries within the Caribbean Community, and possibly review also the categories of workers and forms of employment covered by the minimum wage. In its last report, the Government merely indicates that there has been no progress regarding the upward review of the minimum wage since the last Minimum Wage Order of 2008. The Committee accordingly requests the Government to keep the Office informed of any developments in this respect and to communicate any new minimum wage rates as soon as they are adopted.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2, 4, 8, 10 and 12 of the Convention. Scope of application, partial payment of wages in kind, wage deductions, attachment and assignment of wages, and payment of wages at regular intervals. The Committee has been drawing the Government’s attention for a number of years to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and has been suggesting that appropriate steps be taken to give full effect to the requirements of Articles 2, 4, 8, 10 and 12 of the Convention. In a previous report, the Government states that regrettably there has been no change to national legislation but adds that the amendment of the labour legislation has been included in its Decent Work Agenda with a view to bringing national law in full compliance with the provisions of the Convention. The Committee once again requests the Government to take the necessary measures in the very near future in order to give full effect to the above-referenced provisions of the Convention.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

Repetition

Article 3(2)(2) of the Convention. Equitable representation of employers’ and workers’ organizations and periodic adjustment of the minimum wage. The Committee has been commenting for a number of years on the need to amend section 6(3) of the Labour Standards Act of 1977 in order to provide for the participation of employers’ and workers’ representatives in equal numbers and on equal terms in the operation of the minimum wage fixing machinery, as required by this Article of the Convention. The Committee notes with regret that the Government is still not in a position to report any progress on this point apart from indicating that the Industrial Relations Advisory Committee (IRAC) is now preparing recommendations for its consideration. The Committee wishes to emphasize that one of the essential obligations of all ILO minimum wage instruments is that the minimum wage fixing machinery must be set up and operated in consultation with organizations of employers and workers who must participate on an equal footing. The Committee once again expresses the hope that the Government will not fail to take the necessary measures in order to modify section 6(3) of the Labour Standards Act and ensure the participation of employers’ and workers’ representatives on a basis of equality in the operation of the minimum wage fixing machinery.

In addition, the Committee recalls that the tripartite Minimum Wage Advisory Board (MWAB), which was appointed in 2008, was expected to raise the minimum wage upon obtaining information from all stakeholders and comparative data from countries within the Caribbean Community, and possibly review also the categories of workers and forms of employment covered by the minimum wage. In its last report, the Government merely indicates that there has been no progress regarding the upward review of the minimum wage since the last Minimum Wage Order of 2008. The Committee accordingly requests the Government to keep the Office informed of any developments in this respect and to communicate any new minimum wage rates as soon as they are adopted.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

Repetition

Articles 2, 4, 8, 10 and 12 of the Convention. Scope of application, partial payment of wages in kind, wage deductions, attachment and assignment of wages, and payment of wages at regular intervals. The Committee has been drawing the Government’s attention for a number of years to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and has been suggesting that appropriate steps be taken to give full effect to the requirements of Articles 2, 4, 8, 10 and 12 of the Convention. In a previous report, the Government states that regrettably there has been no change to national legislation but adds that the amendment of the labour legislation has been included in its Decent Work Agenda with a view to bringing national law in full compliance with the provisions of the Convention. The Committee once again requests the Government to take the necessary measures in the very near future in order to give full effect to the above-referenced provisions of the Convention.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(2)(2) of the Convention. Equitable representation of employers’ and workers’ organizations and periodic adjustment of the minimum wage. The Committee has been commenting for a number of years on the need to amend section 6(3) of the Labour Standards Act of 1977 in order to provide for the participation of employers’ and workers’ representatives in equal numbers and on equal terms in the operation of the minimum wage fixing machinery, as required by this Article of the Convention. The Committee notes with regret that the Government is still not in a position to report any progress on this point apart from indicating that the Industrial Relations Advisory Committee (IRAC) is now preparing recommendations for its consideration. The Committee wishes to emphasize that one of the essential obligations of all ILO minimum wage instruments is that the minimum wage fixing machinery must be set up and operated in consultation with organizations of employers and workers who must participate on an equal footing. The Committee once again expresses the hope that the Government will not fail to take the necessary measures in order to modify section 6(3) of the Labour Standards Act and ensure the participation of employers’ and workers’ representatives on a basis of equality in the operation of the minimum wage fixing machinery.

In addition, the Committee recalls that the tripartite Minimum Wage Advisory Board (MWAB), which was appointed in 2008, was expected to raise the minimum wage upon obtaining information from all stakeholders and comparative data from countries within the Caribbean Community, and possibly review also the categories of workers and forms of employment covered by the minimum wage. In its last report, the Government merely indicates that there has been no progress regarding the upward review of the minimum wage since the last Minimum Wage Order of 2008. The Committee accordingly requests the Government to keep the Office informed of any developments in this respect and to communicate any new minimum wage rates as soon as they are adopted.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2, 4, 8, 10 and 12 of the Convention. Scope of application, partial payment of wages in kind, wage deductions, attachment and assignment of wages, and payment of wages at regular intervals. The Committee has been drawing the Government’s attention for a number of years to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and has been suggesting that appropriate steps be taken to give full effect to the requirements of Articles 2, 4, 8, 10 and 12 of the Convention. In a previous report, the Government states that regrettably there has been no change to national legislation but adds that the amendment of the labour legislation has been included in its Decent Work Agenda with a view to bringing national law in full compliance with the provisions of the Convention. The Committee once again requests the Government to take the necessary measures in the very near future in order to give full effect to the above-referenced provisions of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3(2)(2) of the Convention. Equitable representation of employers’ and workers’ organizations and periodic adjustment of the minimum wage. The Committee has been commenting for a number of years on the need to amend section 6(3) of the Labour Standards Act of 1977 in order to provide for the participation of employers’ and workers’ representatives in equal numbers and on equal terms in the operation of the minimum wage fixing machinery, as required by this Article of the Convention. The Committee notes with regret that the Government is still not in a position to report any progress on this point apart from indicating that the Industrial Relations Advisory Committee (IRAC) is now preparing recommendations for its consideration. The Committee wishes to emphasize that one of the essential obligations of all ILO minimum wage instruments is that the minimum wage fixing machinery must be set up and operated in consultation with organizations of employers and workers who must participate on an equal footing. The Committee once again expresses the hope that the Government will not fail to take the necessary measures in order to modify section 6(3) of the Labour Standards Act and ensure the participation of employers’ and workers’ representatives on a basis of equality in the operation of the minimum wage fixing machinery.

In addition, the Committee recalls that the tripartite Minimum Wage Advisory Board (MWAB), which was appointed in 2008, was expected to raise the minimum wage upon obtaining information from all stakeholders and comparative data from countries within the Caribbean Community, and possibly review also the categories of workers and forms of employment covered by the minimum wage. In its last report, the Government merely indicates that there has been no progress regarding the upward review of the minimum wage since the last Minimum Wage Order of 2008. The Committee accordingly requests the Government to keep the Office informed of any developments in this respect and to communicate any new minimum wage rates as soon as they are adopted.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 2, 4, 8, 10 and 12 of the Convention. Scope of application, partial payment of wages in kind, wage deductions, attachment and assignment of wages, and payment of wages at regular intervals. The Committee has been drawing the Government’s attention for the last ten years to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and has been suggesting that appropriate steps be taken to give full effect to the requirements of Articles 2, 4, 8, 10 and 12 of the Convention. In its last report, the Government states that regrettably there has been no change to national legislation but adds that the amendment of the labour legislation has been included in its Decent Work Agenda with a view to bringing national law in full compliance with the provisions of the Convention. The Government also indicates that the possibility of receiving technical assistance from the Office has been discussed with the ILO Caribbean Regional Office and that a local professional has been identified to help with legal drafting. The Committee once again requests the Government to take the necessary measures in the very near future in order to give full effect to the above-referenced provisions of the Convention.

Part V of the report form. Application in practice. Noting that to date, the Government has not provided any general information on the application of the Convention in practice, the Committee requests the Government to transmit together with its next report all relevant information, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of applicable collective agreements containing clauses on wage conditions, extracts from labour inspection reports showing the number of inspections carried out, any contraventions observed and sanctions imposed, as well as any difficulties experienced in the enforcement of the Protection of Wages Act.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3(2)(2) of the Convention. Consultations with social partners and periodic adjustment of the minimum wage. The Committee notes the adoption of the Labour Standards (Minimum Wage) Order, 2008, which raised the minimum wage for the first time since 1989. The new rates, effective as from 1 June 2008, are in fact recommendations made by an advisory board in 1998 which had never been implemented. Under the new rates, agricultural and other unskilled workers’ minimum wage increased from US$2.20 to $4 per hour, that of factory and tourism workers increased from $2 to $4.50 per hour while the minimum weekly wage for home assistants (without meals) was set at $143.75.

The Committee further notes that the Government intends to review again these rates considering that they do not reflect the present reality of cost of living and therefore fall short of providing a decent minimum wage for persons in the most vulnerable occupational categories in society. To this effect, the Government, by Cabinet Decision No. 1073 of 7 November 2008, has appointed a Minimum Wage Advisory Board (MWAB), comprising representatives of the Ministries of Finance and Agriculture as well as three employer and three worker members. The Government has instructed the MWAB to obtain information from all stakeholders and comparative data from within the Caribbean Community (CARICOM) in arriving at a further upward review of the minimum wage and has expressed the hope that the categories of workers covered could be more clearly defined and expanded to include other forms of employment.

The Committee notes with interest these positive developments and trusts that the Government will complete shortly, in consultation with the social partners, the review and adjustment process of the minimum wage. In this respect, the Committee recalls its 2009 general observation in which reference was made to the Global Jobs Pact, adopted by the International Labour Conference in June 2009 in response to the global economic crisis, which places particular emphasis on the need to strengthen respect for international labour standards and expressly identifies wages-related ILO instruments as being relevant in order to prevent a downward spiral in labour conditions and build recovery (paragraph 14). It further suggests that governments should consider options such as minimum wages that can reduce poverty and inequity, increase demand and contribute to economic stability (paragraph 23) and points out that, in order to avoid deflationary wage spirals, minimum wages should be regularly reviewed and adapted (paragraph 12). The Committee therefore requests the Government to continue to provide information on any further developments concerning the work of the MWAB on the readjustment of the minimum wage and to communicate the new minimum wage rates as soon as they are adopted. The Committee would also appreciate receiving a copy of the legal instrument establishing the MWAB and setting out its composition and mandate.

As regards section 6(3) of the Labour Standards Act, No. 2 of 1977, on which the Committee has been commenting for a number of years since it gives only partial effect to the requirements of the Convention with respect to the equal representation of the employers and workers concerned in the operation of the minimum wage system, the Committee notes with regret that no legislative action has as yet been taken to amend this provision. The Committee is bound to recall that the principle of full consultation and direct participation of employers’ and workers’ representatives on an equal footing requires an express legislative provision to ensure its application and that reliance on the observance of practice alone does not constitute a sufficient guarantee against possible contravention of such a principle. The Committee accordingly requests the Government to take appropriate steps without further delay with a view to amending section 6(3) of the Labour Standards Act in order to provide that the participation of employers’ and workers’ representatives must be on equal terms in all circumstances, in accordance with the requirements of the Convention and the practice described by the Government.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 2, 4, 8, 10 and 12 of the Convention. Modifications and supplements to implementing legislation. The Committee recalls its previous comments in which it drew attention to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and requested the Government to take all necessary measures in order to give full effect to the requirements of Articles 2 (scope of application), 4 (partial payment of wages in kind), 8 (wage deductions), 10 (attachment and assignment of wages) and 12 (payment of wages at regular intervals) of the Convention. Recalling that these points have been raised in a direct request first addressed to the Government in 2001, the Committee notes with regret the lack of concrete progress in bringing its legislation into conformity with the Convention.

The Committee once again expresses its hope that the Government will take measures without further delay to modify or supplement its legislation as appropriate, and recalls that it may have recourse for this purpose to the technical expertise and assistance of the International Labour Office through its Subregional Office for the Caribbean. The Committee also wishes to refer to its 2003 General Survey on the protection of wages which contains a comprehensive review of national laws and practice and illustrates possible ways in which legislative conformity with the Convention may be ensured.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 2, 4, 8, 10 and 12 of the Convention. Modifications and supplements to implementing legislation. The Committee recalls its previous comments in which it drew attention to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and requested the Government to take all necessary measures in order to give full effect to the requirements of Articles 2 (scope of application), 4 (partial payment of wages in kind), 8 (wage deductions), 10 (attachment and assignment of wages) and 12 (payment of wages at regular intervals) of the Convention.

In its last report, the Government provided a copy of an internal correspondence dated 1 February 2007 by which the Labour Commissioner referred the matter to the Minister of Foreign Affairs, Trade and Labour for further consideration. Recalling that these points have been raised in a direct request first addressed to the Government in 2001, the Committee notes with regret the delay in the Government’s response and that this does no more than reflect the lack of concrete progress in bringing its legislation into conformity with the Convention.

The Committee once again expresses its hope that the Government will take measures without further delay to modify or supplement its legislation as appropriate, and recalls that it may have recourse for this purpose to the technical expertise and assistance of the International Labour Office through its Subregional Office for the Caribbean. The Committee also wishes to refer to its 2003 General Survey on the protection of wages which contains a comprehensive review of national laws and practice and illustrates possible ways in which legislative conformity with the Convention may be ensured.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee recalls its previous comments in which it drew attention to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and requested the Government to take all necessary measures in order to give full effect to the requirements of Articles 2 (scope of application), 4 (partial payment of wages in kind), 8 (wage deductions), 10 (attachment and assignment of wages) and 12 (payment of wages at regular intervals) of the Convention.

In its last report, the Government provided a copy of an internal correspondence dated 1 February 2007 by which the Labour Commissioner referred the matter to the Minister of Foreign Affairs, Trade and Labour for further consideration. Recalling that these points have been raised in a direct request first addressed to the Government in 2001, the Committee notes with regret the delay in the Government’s response and that this does no more than reflect the lack of concrete progress in bringing its legislation into conformity with the Convention.

The Committee once again expresses its hope that the Government will take measures without further delay to modify or supplement its legislation as appropriate, and recalls that it may have recourse for this purpose to the technical expertise and assistance of the International Labour Office through its Subregional Office for the Caribbean. The Committee also wishes to refer to its 2003 General Survey on the protection of wages which contains a comprehensive review of national laws and practice and illustrates possible ways in which legislative conformity with the Convention may be ensured.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee has been commenting for a number of years on the Government’s failure to amend section 6(3) of the Labour Standards Act No. 2 of 1977 in order to give full effect to the requirements of the Convention with regard to the equal representation of employers’ and workers’ organizations in the operation of the minimum wage fixing machinery. The Committee has also been raising the question of the possible increase of the minimum wage which has not been revised since 1989.

In its last report, the Government merely indicated that, as regards the proposed legislative amendment, the Industrial Relations Advisory Committee (IRAC) would discuss this long outstanding issue and bring it to the attention of the Minister of Foreign Affairs, Trade and Labour. With regard to the readjustment of minimum wage levels, the Government contented itself to referring to the IRAC meeting of 9 March 2006 in which it was decided that a letter be written to the Minister requesting the immediate appointment of a minimum wage advisory board for the revision of the minimum wage, following, especially, the abortive attempt to have the minimum wage reviewed in 1997.

The Committee regrets that the Government has not so far taken any concrete action to follow up on the Committee’s recommendations. The participation of employers and workers concerned in equal numbers and on equal terms is an essential prerequisite for the functioning of a minimum wage system based on full and genuine consultations with the social partners as prescribed by the Convention. In addition, the Committee insists that the minimum wage has to maintain its purchasing power in relation to a basic basket of essential consumer goods if it is to serve a useful purpose in terms of social protection and poverty reduction. This, in turn, can only be attained by periodically revising minimum wage levels in the light of the evolving economic and social realities. The Committee therefore urges the Government to take appropriate action without further delay in order to bring the national law and practice into line with the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee recalls its previous comments in which it drew attention to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and requested the Government to take all necessary measures in order to give full effect to the requirements of Articles 2 (scope of application), 4 (partial payment of wages in kind), 8 (wage deductions), 10 (attachment and assignment of wages) and 12 (payment of wages at regular intervals) of the Convention.

In its last report, the Government provided a copy of an internal correspondence dated 1 February 2007 by which the Labour Commissioner referred the matter to the Minister of Foreign Affairs, Trade and Labour for further consideration. Recalling that these points have been raised in a direct request first addressed to the Government in 2001, the Committee notes with regret the delay in the Government’s response and that this does no more than reflect the lack of concrete progress in bringing its legislation into conformity with the Convention.

The Committee once again expresses its hope that the Government will take measures without futher delay to modify or supplement its legislation as appropriate, and recalls that it may have recourse for this purpose to the technical expertise and assistance of the International Labour Office through its Sub-regional Office for the Caribbean. The Committee also wishes to refer to its 2003 General Survey on the protection of wages which contains a comprehensive review of national laws and practice and illustrates possible ways in which legislative conformity with the Convention may be ensured.

[The Government is asked to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee has been commenting for a number of years on the Government’s failure to amend section 6(3) of the Labour Standards Act No. 2 of 1977 in order to give full effect to the requirements of the Convention with regard to the equal representation of employers’ and workers’ organizations in the operation of the minimum wage fixing machinery. The Committee has also been raising the question of the possible increase of the minimum wage which has not been revised since 1989.

In its last report, the Government merely indicates that, as regards the proposed legislative amendment, the Industrial Relations Advisory Committee (IRAC) will discuss this long outstanding issue and bring it to the attention of the Minister of Foreign Affairs, Trade and Labour. With regard to the readjustment of minimum wage levels, the Government contents itself to referring to the IRAC meeting of 9 March 2006 in which it was decided that a letter be written to the Minister requesting the immediate appointment of a minimum wage advisory board for the revision of the minimum wage, following, especially, the abortive attempt to have the minimum wage reviewed in 1997.

The Committee regrets that the Government has not so far taken any concrete action to follow up on the Committee’s recommendations. The participation of employers and workers concerned in equal numbers and on equal terms is an essential prerequisite for the functioning of a minimum wage system based on full and genuine consultations with the social partners as prescribed by the Convention. In addition, the Committee insists that the minimum wage has to maintain its purchasing power in relation to a basic basket of essential consumer goods if it is to serve a useful purpose in terms of social protection and poverty reduction. This, in turn, can only be attained by periodically revising minimum wage levels in the light of the evolving economic and social realities. The Committee therefore urges the Government to take appropriate action without further delay in order to bring the national law and practice into line with the provisions of the Convention.

[The Government is asked to reply in detail to the present comments in 2008.]

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 2(2), of the Convention. The Committee has been commenting for several years on section 6(3) of the Labour Standards Act No. 2 of 1977 which gives only partial effect to the requirements of the Convention with regard to the equal representation of the employers and workers concerned in the operation of the minimum wage system. The Government indicates that, as a matter of practice, at the last appointment of a Minimum Wages Advisory Board in 1998, employers and employees were equally represented but no legislative action has as yet been undertaken to amend accordingly the abovementioned provision. The Committee is bound to recall that the principle of consultation and participation of employers’ and workers’ representatives on an equal footing requires an express legislative provision to ensure its application and that reliance on the observance of practice alone does not constitute a sufficient guarantee against possible contravention of such a principle. It therefore asks the Government to take the necessary action without further delay and to keep it informed of any progress made in this respect.

Article 5 and Part V of the report form. The Committee notes the Government’s indication that a Minimum Wages Advisory Board was last appointed in 1998, that it ceased to exist following the adoption of its report and that no attempt has been made since to implement its recommendations for increases in wage levels. The Committee also notes that, according to the Government’s earlier reports, the minimum wage rates for various categories of workers have not been revised since 1989 while the latest Labour Standards (Minimum Wage) Proclamation to have been communicated by the Government was S.R.O. No. 4 of 1980. The Committee takes this opportunity to recall that minimum wage rates may serve a meaningful purpose only if they are adjusted from time to time to take sufficient account of changes in the cost of living and other relevant economic conditions. Considering that the existing minimum wage rates have not been adjusted for 15 years and that in all probability they are no longer sufficient to provide a decent standard of living to workers and their families, the Committee requests the Government to indicate the measures it intends to take to determine, in consultation with the employers’ and workers’ organizations concerned, new minimum wage levels which would better correspond to the economic and social realities prevailing in the country. In addition, the Committee asks the Government to provide in its next report up to date and detailed information on the application of the Convention in practice, including the minimum wage rates in force by sector and occupational category, statistics on the approximate number and different categories of workers covered by relevant legislation, extracts from labour inspection reports showing the number of infringements and sanctions imposed as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s indication that the Labour Contracts Act No. 12 of 1983 has been replaced by Chapter 89:04 and that the Protection of Wages Ordinance (Cap. 115) has been replaced by Chapter 89:07 of the 1990 Revised Laws of Dominica.

Article 2 of the Convention. The Committee notes that, according to section 2 of the Protection of Wages Act (Chapter 89:07), the Act applies only to workers performing manual labour while workers engaged in clerical work are expressly excluded from its scope of application. The Committee further notes that under the Labour Contracts Act (Chapter 89:04), certain categories of workers other than manual workers (except notably for state employees, part-time workers and agricultural workers) also enjoy wage protection but only in so far as the method and periodicity of payment are concerned. The Committee invites the Government to consider introducing the necessary amendments in order to ensure that the protection contemplated in the Convention is extended to all workers who are not currently covered by the above Acts.

Article 4. The Committee notes that, according to section 13 of the Protection of Wages Act (Chapter 89:07), allowances in kind such as food or a dwelling place may be offered to a worker in addition to money wages with the exception of any intoxicating liquor. The Committee recalls that Article 4 of the Convention also prohibits the payment of wages in the form of noxious drugs in any circumstances (paragraph 1), and further requires that measures be taken to ensure that authorized allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that the value attributed to them is fair and reasonable (paragraph 2). The Committee requests the Government to indicate the measures taken or envisaged to give full effect to the provisions of the Convention in this respect.

Article 8. Further to its previous comments on this point, the Committee notes the Government’s reference to sections 2(1)(a) and 35(1)(a) of the Income Tax Act (Chapter 67:01) which relate to the determination of the amount of chargeable income but do not seem to have a direct bearing on the deduction of income tax from wages. The Committee asks the Government to refer once again to the content of Article 8 of the Convention and to specify the exact conditions and extent to which deductions from wages are permitted under existing laws or regulations. In this connection, the Committee would appreciate receiving a copy of the full text of the Income Tax Act.

Article 10. The Committee notes that, contrary to the Government’s indication, the question of attachment or assignment of wages is not regulated in the Protection of Wages Act (Chapter 89:07). The Committee stresses the importance of appropriate legislative provisions on these matters offering adequate protection to the worker and his/her family against an excessive or unfair decrease in his/her remuneration. The Committee requests the Government to clarify where its legislation stands in this connection and supply a copy of any relevant legal text.

Article 12(2). The Committee notes the Government’s statement to the effect that no measures have been taken to ensure compliance with this provision of the Convention. The Committee recalls that the principle of regular payment of wages, as set out in the Convention, finds expression not only in the periodicity of payments, as may be fixed by laws or regulations, but also in the obligation for a final settlement of all wages due to be effected within a reasonable period of time upon the termination of the contract of employment.

The Committee trusts that the Government will soon be in a position to indicate that the necessary measures have been taken to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s succinct report and wishes to draw its attention to the following points.

Article 3, paragraph 2(2), of the Convention. The Committee has been commenting for several years on section 6(3) of the Labour Standards Act No. 2 of 1977 which gives only partial effect to the requirements of the Convention with regard to the equal representation of the employers and workers concerned in the operation of the minimum wage system. The Government indicates that, as a matter of practice, at the last appointment of a Minimum Wages Advisory Board in 1998, employers and employees were equally represented but no legislative action has as yet been undertaken to amend accordingly the abovementioned provision. The Committee is bound to recall that the principle of consultation and participation of employers’ and workers’ representatives on an equal footing requires an express legislative provision to ensure its application and that reliance on the observance of practice alone does not constitute a sufficient guarantee against possible contravention of such a principle. It therefore asks the Government to take the necessary action without further delay and to keep it informed of any progress made in this respect.

Article 5 and Part V of the report form. The Committee notes the Government’s indication that a Minimum Wages Advisory Board was last appointed in 1998, that it ceased to exist following the adoption of its report and that no attempt has been made since to implement its recommendations for increases in wage levels. The Committee also notes that, according to the Government’s earlier reports, the minimum wage rates for various categories of workers have not been revised since 1989 while the latest Labour Standards (Minimum Wage) Proclamation to have been communicated by the Government was S.R.O. No. 4 of 1980. The Committee takes this opportunity to recall that minimum wage rates may serve a meaningful purpose only if they are adjusted from time to time to take sufficient account of changes in the cost of living and other relevant economic conditions. Considering that the existing minimum wage rates have not been adjusted for 15 years and that in all probability they are no longer sufficient to provide a decent standard of living to workers and their families, the Committee requests the Government to indicate the measures it intends to take to determine, in consultation with the employers’ and workers’ organizations concerned, new minimum wage levels which would better correspond to the economic and social realities prevailing in the country. In addition, the Committee asks the Government to provide in its next report up-to-date and detailed information on the application of the Convention in practice, including the minimum wage rates in force by sector and occupational category, statistics on the approximate number and different categories of workers covered by relevant legislation, extracts from labour inspection reports showing the number of infringements and sanctions imposed as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report does indeed not reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

  Article 3, paragraph 2(2), of the Convention. In its previous comments, the Committee requested the Government to amend section 6(3) of the Labour Standards Act, No. 2 of 1977 since it only requires the Minister concerned to endeavour to ensure that the Advisory Board is equally representative of the workers and employers concerned. The Committee reminds the Government once more that participation shall be on equal terms in all circumstances. It therefore hopes that the abovementioned Act will be amended in the near future to bring the legislation into conformity with the requirements of the Convention and the practice described in the Government’s reports. In addition, the Committee has requested the Government to supply additional information on the functioning of the Advisory Board and the means by which the employers and employees concerned participate in the application of minimum wage fixing machinery. The Committee observes that the Government has not provided any details in the report. The Committee is therefore bound to reiterate its previous request on these points.

Article 3, paragraph 2(1). In its previous comments, the Committee requested the Government to indicate the measures taken or contemplated to ensure that representatives of the employers and workers concerned are consulted before the minimum wage fixing machinery is applied taking into account that under section 6(1) of the Act the appointment and consultation of an Advisory Board is left entirely at the discretion of the Minister. The Committee notes the indication of the Government in its report according to which the Minimum Wage Advisory Board was mandated to look into the upward review of the minimum wages. The Committee asks the Government to take the necessary steps to harmonize the legislation with the requirements of the Convention and the practice.

Article 5 and Part V of the report form. The Government states that the report of the Minimum Wage Advisory Board is expected to go before the Minister of Labour shortly. The Committee requests the Government to report on any progress achieved in this respect. In addition, the Committee hopes that the Government will include extracts from the reports of the inspection services and any other relevant data with its next report.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the Government’s report. It also notes the Government’s indication that the Labour Contracts Act No. 12 of 1983 has been replaced by Chapter 89:04 and that the Protection of Wages Ordinance (Cap. 115) has been replaced by Chapter 89:07 of the 1990 Revised Laws of Dominica.

Article 2 of the Convention. The Committee notes that, according to section 2 of the Protection of Wages Act (Chapter 89:07), the Act applies only to workers performing manual labour while workers engaged in clerical work are expressly excluded from its scope of application. The Committee further notes that under the Labour Contracts Act (Chapter 89:04), certain categories of workers other than manual workers (except notably for state employees, part-time workers and agricultural workers) also enjoy wage protection but only in so far as the method and periodicity of payment are concerned. The Committee invites the Government to consider introducing the necessary amendments in order to ensure that the protection contemplated in the Convention is extended to all workers who are not currently covered by the above Acts.

Article 4. The Committee notes that, according to section 13 of the Protection of Wages Act (Chapter 89:07), allowances in kind such as food or a dwelling place may be offered to a worker in addition to money wages with the exception of any intoxicating liquor. The Committee recalls that Article 4 of the Convention also prohibits the payment of wages in the form of noxious drugs in any circumstances (paragraph 1), and further requires that measures be taken to ensure that authorized allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that the value attributed to them is fair and reasonable (paragraph 2). The Committee requests the Government to indicate the measures taken or envisaged to give full effect to the provisions of the Convention in this respect.

Article 8. Further to its previous comments on this point, the Committee notes the Government’s reference to sections 2(1)(a) and 35(1)(a) of the Income Tax Act (Chapter 67:01) which relate to the determination of the amount of chargeable income but do not seem to have a direct bearing on the deduction of income tax from wages. The Committee asks the Government to refer once again to the content of Article 8 of the Convention and to specify the exact conditions and extent to which deductions from wages are permitted under existing laws or regulations. In this connection, the Committee would appreciate receiving a copy of the full text of the Income Tax Act.

Article 10. The Committee notes that, contrary to the Government’s indication, the question of attachment or assignment of wages is not regulated in the Protection of Wages Act (Chapter 89:07). The Committee stresses the importance of appropriate legislative provisions on these matters offering adequate protection to the worker and his/her family against an excessive or unfair decrease in his/her remuneration. The Committee requests the Government to clarify where its legislation stands in this connection and supply a copy of any relevant legal text.

Article 12(2). The Committee notes the Government’s statement to the effect that no measures have been taken to ensure compliance with this provision of the Convention. The Committee recalls that the principle of regular payment of wages, as set out in the Convention, finds expression not only in the periodicity of payments, as may be fixed by laws or regulations, but also in the obligation for a final settlement of all wages due to be effected within a reasonable period of time upon the termination of the contract of employment.

The Committee trusts that the Government will soon be in a position to indicate that the necessary measures have been taken to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 3, paragraph 2(2), of the Convention. In its previous comments, the Committee requested the Government to amend section 6(3) of the Labour Standards Act, No. 2 of 1977 since it only requires the Minister concerned to endeavour to ensure that the Advisory Board is equally representative of the workers and employers concerned. The Committee reminds the Government once more that participation shall be on equal terms in all circumstances. It therefore hopes that the abovementioned Act will be amended in the near future to bring the legislation into conformity with the requirements of the Convention and the practice described in the Government's reports. In addition, the Committee has requested the Government to supply additional information on the functioning of the Advisory Board and the means by which the employers and employees concerned participate in the application of minimum wage fixing machinery. The Committee observes that the Government has not provided any details in the report. The Committee is therefore bound to reiterate its previous request on these points.

Article 3, paragraph 2(1). In its previous comments, the Committee requested the Government to indicate the measures taken or contemplated to ensure that representatives of the employers and workers concerned are consulted before the minimum wage fixing machinery is applied taking into account that under section 6(1) of the Act the appointment and consultation of an Advisory Board is left entirely at the discretion of the Minister. The Committee notes the indication of the Government in its report according to which the Minimum Wage Advisory Board was mandated to look into the upward review of the minimum wages. The Committee asks the Government to take the necessary steps to harmonize the legislation with the requirements of the Convention and the practice.

Article 5 and Part V of the report form. The Government states that the report of the Minimum Wage Advisory Board is expected to go before the Minister of Labour shortly. The Committee requests the Government to report on any progress achieved in this respect. In addition, the Committee hopes that the Government will include extracts from the reports of the inspection services and any other relevant data with its next report.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 3, paragraph 2(2), of the Convention. The Committee recalls that section 6(3) of the Labour Standards Act, No. 2 of 1977, provides that the Minister concerned shall endeavour to ensure that the Advisory Board is equally representative of the workers and employers concerned. It also notes the Government's statement that employers and employees are indeed equally represented on the Advisory Board and that they have equal powers. The Committee hopes that the above-mentioned Act will be amended in the near future in order to provide that participation shall be on equal terms in all circumstances, in accordance with the requirements of the Convention and the practice described by the Government. Furthermore, the Committee requests the Government to supply additional information on the functioning of the Advisory Board and the means by which the employers and employees concerned participate in the application of minimum wage-fixing machinery.

2. Article 3, paragraph 2(1). The Committee recalls that the appointment and consultation of an Advisory Board under section 6(1) of the Act is left entirely at the discretion of the Minister, who is empowered under section 5 to fix a minimum rate of wages by proclamation. The Committee requests the Government to indicate the measures taken or contemplated to ensure that representatives of the employers and workers concerned are consulted before the minimum wage-fixing machinery is applied.

3. Article 5 and point V of the report form. The Committee once again notes that the minimum wage was last fixed in 1989 for certain categories of workers. It requests the Government to continue supplying information on the effect given in practice to the Convention including, for instance, extracts from the reports of the inspection services and any other relevant data.

The Committee hopes that the Government will not fail to reply soon to the above comments.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Referring to its previous comments, the Committee once again notes with regret that the Government's report is restricted to reiterating the previous statements without replying on the following points raised in previous comments:

1. Article 3, paragraph 2(2), of the Convention. The Committee recalls that section 6(3) of the Labour Standards Act, No. 2 of 1977, provides that the Minister concerned shall endeavour to ensure that the Advisory Board is equally representative of the workers and employers concerned. It also notes the Government's statement that employers and employees are indeed equally represented on the Advisory Board and that they have equal powers. The Committee hopes that the above-mentioned Act will be amended in the near future in order to provide that participation shall be on equal terms in all circumstances, in accordance with the requirements of the Convention and the practice described by the Government. Furthermore, the Committee requests the Government to supply additional information on the functioning of the Advisory Board and the means by which the employers and employees concerned participate in the application of minimum wage-fixing machinery.

2. Article 3, paragraph 2(1). The Committee recalls that the appointment and consultation of an Advisory Board under section 6(1) of the Act is left entirely at the discretion of the Minister, who is empowered under section 5 to fix a minimum rate of wages by proclamation. The Committee requests the Government to indicate the measures taken or contemplated to ensure that representatives of the employers and workers concerned are consulted before the minimum wage-fixing machinery is applied.

3. Article 5 and point V of the report form. The Committee once again notes that the minimum wage was last fixed in 1989 for certain categories of workers. It requests the Government to continue supplying information on the effect given in practice to the Convention including, for instance, extracts from the reports of the inspection services and any other relevant data.

The Committee hopes that the Government will not fail to reply soon to the above comments.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report which was not requested.

Referring to its previous comments, the Committee once again notes with regret that the Government's report is restricted to reiterating the previous statements without replying on the following points raised in previous comments:

1. Article 3, paragraph 2(2), of the Convention. The Committee recalls that section 6(3) of the Labour Standards Act, No. 2 of 1977, provides that the Minister concerned shall endeavour to ensure that the Advisory Board is equally representative of the workers and employers concerned. It also notes the Government's statement that employers and employees are indeed equally represented on the Advisory Board and that they have equal powers. The Committee hopes that the above-mentioned Act will be amended in the near future in order to provide that participation shall be on equal terms in all circumstances, in accordance with the requirements of the Convention and the practice described by the Government. Furthermore, the Committee requests the Government to supply additional information on the functioning of the Advisory Board and the means by which the employers and employees concerned participate in the application of minimum wage-fixing machinery.

2. Article 3, paragraph 2(1). The Committee recalls that the appointment and consultation of an Advisory Board under section 6(1) of the Act is left entirely at the discretion of the Minister, who is empowered under section 5 to fix a minimum rate of wages by proclamation. The Committee requests the Government to indicate the measures taken or contemplated to ensure that representatives of the employers and workers concerned are consulted before the minimum wage-fixing machinery is applied.

3. Article 5 and point V of the report form. The Committee once again notes that the minimum wage was last fixed in 1989 for certain categories of workers. It requests the Government to continue supplying information on the effect given in practice to the Convention including, for instance, extracts from the reports of the inspection services and any other relevant data.

The Committee hopes that the Government will not fail to reply soon to the above comments.

[The Government is requested to submit a detailed report in 1997.]

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 2 of the Convention. The Committee notes that, by virtue of the Schedule to the Labour Contracts Act (No. 12 of 1983), the protection of wages contemplated in the Convention is ensured only to a limited extent to workers who are not covered by the Protection of Wages Ordinance (Cap. 115), which applies only to the workers in "manual labour". It requests the Government to supply information on any further measures taken or contemplated for protection of wages of workers not covered by the Ordinance, and to indicate any difficulties encountered in this connection.

Article 8. The Committee notes that section 7 of the Income Tax Act supplied with the Government's report does not concern deduction of tax from wages but is about the chargeable income for the purpose of calculating income tax. Recalling that the above Protection of Wages Ordinance does not authorize the deduction of income tax from wages, the Committee would be grateful if the Government would supply the text of legislation concerning deduction of income tax from wages.

Article 10. The Committee notes the Government's reference to the provisions concerning minimum wage and deductions from wages. It points out that these provisions are not relevant to the attachment or assignment of wages. The Committee recalls that it noted the Government's earlier indication that the attachment of wages may be made in respect of child maintenance and of civil debt, and that assignment may be made on instruction by the employee. It again requests the Government to supply the text of rules about attachment and assignment referred to.

Article 12, paragraph 2. The Committee notes that item 3(b) of the Schedule to the Labour Contracts Act requires the regular payment of wages. It asks the Government to indicate the measures taken to ensure that a final settlement of wages is effected within a reasonable period of time in accordance with this provision of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report does not contain a reply to any of the following points raised in its previous comments.

1. Article 3, paragraph 2(2), of the Convention. The Committee recalls that section 6(3) of the Labour Standards Act, No. 2 of 1977, to which the Government refers in its report, provides that the Minister concerned shall endeavour to ensure that the Advisory Board is equally representative of the employees and employers concerned. It also notes the Government's statement that employers and employees are indeed equally represented on the Advisory Board and that they have equal powers. The Committee hopes that the above Act will be amended in the near future in order to provide that participation shall be on equal terms in all circumstances, in accordance with the requirements of the Convention and the practice described by the Government. Furthermore, the Committee requests the Government to supply additional information on the functioning of the Advisory Board and the means by which the employers and employees concerned participate in the application of minimum wage-fixing machinery.

2. Article 3, paragraph 2(1). The Committee recalls that the appointment and consultation of an Advisory Board under section 6(1) of the Act is left entirely at the discretion of the Minister, who is empowered under section 5 to fix a minimum rate of wages by proclamation. The Committee requests the Government to indicate the measures taken or contemplated to ensure that representatives of the employers and workers concerned are consulted before the minimum wage-fixing machinery is applied.

3. Article 5 and point V of the report form. The Committee once again notes that the minimum wage was last fixed in 1989 for certain categories of workers. It requests the Government to continue supplying information on the effect given in practice to the Convention including, for instance, extracts from the reports of the inspection services and any other relevant data.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to the observation it is making, the Committee notes that the Government's report contains no reply to its earlier comments. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Article 2 of the Convention. The Committee notes that the Schedule to the Labour Contracts Act (No. 12 of 1983) makes provision to govern the basic labour contract which is applicable to all persons undergoing training and to all workers whose terms and conditions of employment are not the subject of a collective or industrial agreement or a labour contract entered into in accordance with the provisions of the Act. It notes, in particular, that item 3(b) of the said Schedule prescribes the responsibility of the employer to observe and to follow statutory restrictions on the method of payment of wages to the employee and to pay the employee at the intervals agreed upon being intervals not exceeding one month in duration. Thus the protection of wages contemplated in the Convention is, to a certain extent, extended to workers who are not covered by the Protection of Wages Ordinance (Cap. 115) which applies only to the workers in "manual labour". The Committee requests the Government to continue supplying in its future reports information on further measures taken or contemplated for protection of wages of workers not covered by the Ordinance, and to indicate any difficulties encountered in this connection.

Article 8. The Committee noted the Government's earlier indication that deduction from wages may be made only with the exclusive permission of the employee and that income tax may be deducted from wages by notification. Recalling that the above-mentioned Ordinance does not authorize the deduction of income tax from wages, the Committee would be grateful if the Government would supply the text of relevant legislation.

Article 10. The Committee noted the Government's earlier indication to the effect that the attachment of wages may be made in respect of child maintenance and of civil debt, and that assignment may be made on instruction by the employee. It requests the Government to supply the text of rules about attachment and assignment mentioned in the report.

Article 12, paragraph 2. The Committee noted that the Government referred in its last report to "the Contract Act, Section 11, 3(b) in the Schedule to the Labour Contracts Act". While item 3(b) of the Schedule to the Labour Contracts Act has been noted above, the text of the said Act supplied by the Government with its report does not have section 11, and item 11 of the Schedule is about the rates of pay. The Committee would appreciate further clarification in this regard.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 3, paragraph 2(2), of the Convention. The Committee noted that section 6(3) of the Labour Standards Act, No. 2 of 1977, to which the Government referred in its report, only calls for the Minister's endeavours to ensure that the Advisory Board is equally representative of employees and employers concerned. It also noted the Government's indication to the effect that the employers and workers are in fact represented on the Advisory Board on equal terms. The Committee hopes that this provision of the Act will be modified on a suitable occasion in the future so as to ensure such equal participation in all cases, in line with the requirement of the Convention as well as with the practice described by the Government.

2. Article 3, paragraph 2(1). The Committee recalls that the appointment and consultation of an Advisory Board under section 6(1) of the Act is left to the discretion of the Minister who is empowered under section 5 to fix a minimum rate of wage by proclamation. The Committee requests the Government to indicate measures taken or contemplated to ensure that representatives of the employers and workers concerned are consulted before the minimum wage-fixing machinery is applied.

3. Article 5 and point V of the report form. The Committee noted that the minimum wage was last fixed in 1989 for certain categories of workers. It requests the Government to continue supplying information on the effect given in practice to the Convention, including, for instance, extracts from the reports of the inspection services and any other relevant data.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Article 2 of the Convention. The Committee notes that the Schedule to the Labour Contracts Act (No. 12 of 1983) makes provision to govern the basic labour contract which is applicable to all persons undergoing training and to all workers whose terms and conditions of employment are not the subject of a collective or industrial agreement or a labour contract entered into in accordance with the provisions of the Act. It notes, in particular, that item 3(b) of the said Schedule prescribes the responsibility of the employer to observe and to follow statutory restrictions on the method of payment of wages to the employee and to pay the employee at the intervals agreed upon being intervals not exceeding one month in duration. Thus the protection of wages contemplated in the Convention is, to a certain extent, extended to workers who are not covered by the Protection of Wages Ordinance (Cap. 115) which applies only to the workers in "manual labour". The Committee requests the Government to continue supplying in its future reports information on further measures taken or contemplated for protection of wages of workers not covered by the Ordinance, and to indicate any difficulties encountered in this connection.

Article 8. The Committee noted the Government's earlier indication that deduction from wages may be made only with the exclusive permission of the employee and that income tax may be deducted from wages by notification. Recalling that the above-mentioned Ordinance does not authorise the deduction of income tax from wages, the Committee would be grateful if the Government would supply the text of relevant legislation.

Article 10. The Committee noted the Government's earlier indication to the effect that the attachment of wages may be made in respect of child maintenance and of civil debt, and that assignment may be made on instruction by the employee. It requests the Government to supply the text of rules about attachment and assignment mentioned in the report.

Article 12, paragraph 2. The Committee noted that the Government referred in its last report to "the Contract Act, Section 11, 3(b) in the Schedule to the Labour Contracts Act". While item 3(b) of the Schedule to the Labour Contracts Act has been noted above, the text of the said Act supplied by the Government with its report does not have section 11, and item 11 of the Schedule is about the rates of pay. The Committee would appreciate further clarification in this regard.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that as the Government's report gives no reply to the earlier direct requests, the Committee must return to the question in a new direct request. It hopes that the Government will do its utmost to take the necessary steps and supply the information requested.

[The Government is asked to report in detail in 1996.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Article 3, paragraph 2(2), of the Convention. The Committee notes that section 6(3) of the Labour Standards Act, No. 2 of 1977, to which the Government refers in its report, only calls for the Minister's endeavours to ensure that the Advisory Board is equally representative of employees and employers concerned. It also notes the Government's indication to the effect that the employers and workers are in fact represented on the Advisory Board on equal terms. The Committee hopes that this provision of the Act will be modified on a suitable occasion in the future so as to ensure such equal participation in all cases, in line with the requirement of the Convention as well as with the practice described by the Government.

2. Article 3, paragraph 2(1). The Committee recalls that the appointment and consultation of an Advisory Board under section 6(1) of the Act is left to the discretion of the Minister who is empowered under section 5 to fix a minimum rate of wage by proclamation. The Committee requests the Government to indicate measures taken or contemplated to ensure that representatives of the employers and workers concerned are consulted before the minimum wage-fixing machinery is applied.

3. Article 5 and point V of the report form. The Committee notes that the minimum wage was last fixed in 1989 for certain categories of workers. It requests the Government to continue supplying information on the effect given in practice to the Convention, including, for instance, extracts from the reports of the inspection services and any other relevant data.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee noted the appointment on 7 April 1988 of an Advisory Board, in accordance with section 6(1) of the Labour Standards Act No. 2 of 1977, to consider the wages paid to employees in occupations or categories such as shop assistants, home assistants, agricultural workers (males and females), other daily paid workers (males and females), juveniles and cashiers and to advise the Minister of Labour of the minimum rate of wages that would be fair for employees in these occupations and categories. The Committee noted that employers and workers concerned were nominated by their respective organizations and then appointed by the Minister of Labour.

Recalling that under Article 3, paragraph 2(2), of the Convention the employers and workers concerned shall be associated in the operation of machinery in equal numbers and on equal terms, the Committee requests the Government to indicate the manner in which the representation of the employers and workers is ensured on the Advisory Board.

2. Article 5. The Committee noted that the Advisory Board was reviewing the existing minimum wages. It hopes that the Government will continue to provide information on the minimum rates of wages fixed and indicate the approximate number of workers covered.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has noted the information supplied by the Government in its report in reply to the previous direct request concerning Articles 4, 11 and 14(a) of the Convention. It requests the Government to supply further information on the following points:

Article 2 of the Convention. The Committee notes that the Schedule to the Labour Contracts Act (No. 12 of 1983) makes provision to govern the basic labour contract which is applicable to all persons undergoing training and to all workers whose terms and conditions of employment are not the subject of a collective or industrial agreement or a labour contract entered into in accordance with the provisions of the Act. It notes, in particular, that item 3(b) of the said Schedule prescribes the responsibility of the employer to observe and to follow statutory restrictions on the method of payment of wages to the employee and to pay the employee at the intervals agreed upon being intervals not exceeding one month in duration. Thus the protection of wages contemplated in the Convention is, to a certain extent, extended to workers who are not covered by the Protection of Wages Ordinance (Cap. 115g which applies only to the workers in "manual labour". The Committee requests the Government to continue supplying in its future reports information on further measures taken or contemplated for protection of wages of workers not covered by the Ordinance, and to indicate any difficulties encountered in this connection.

Article 8. The Committee notes the Government's indication that deduction from wages may be made only with the exclusive permission of the employee and that income tax may be deducted from wages by notification. Recalling that the above-mentioned Ordinance does not authorise the deduction of income tax from wages, the Committee would be grateful if the Government would supply the text of relevant legislation.

Article 10. The Committee notes the Government's indication to the effect that the attachment of wages may be made in respect of child maintenance and of civil debt, and that assignment may be made on instruction by the employee. It requests the Government to supply the text of rules about attachment and assignment mentioned in the report.

Article 12, paragraph 2. The Committee notes that the Government refers in its report to "the Contract Act, Section 11, 3(b) in the Schedule to the Labour Contracts Act". While item 3(b) of the Schedule to the Labour Contracts Act has been noted above, the text of the said Act supplied by the Government with its report does not have section 11, and item 11 of the Schedule is about the rates of pay. The Committee would appreciate further clarification in this regard.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's report.

1. The Committee notes with interest the appointment on 7 April 1988 of an Advisory Board, in accordance with section 6(1) of the Labour Standards Act No. 2 of 1977, to consider the wages paid to employees in occupations or categories such as shop assistants, home assistants, agricultural workers (males and females), other daily paid workers (males and females), juveniles and cashiers and to advise the Minister of Labour of the minimum rate of wages that would be fair for employees in these occupations and categories. The Committee notes that employers and workers concerned are nominated by their respective organisations and then appointed by the Minister of Labour.

Recalling that under Article 3, paragraph 2(2), of the Convention the employers and workers concerned shall be associated in the operation of machinery in equal numbers and on equal terms, the Committee requests the Government to indicate the manner in which the representation of the employers and workers is ensured on the Advisory Board.

2. Article 5. The Committee notes from the Government's report that the Advisory Board is reviewing the existing minimum wages. It hopes that the Government will continue to provide information on the minimum rates of wages fixed and indicate the approximate number of workers covered.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in its report. It hopes that the Government will supply further information on the following points:

Article 2 of the Convention. The Committee notes that under article 2 of the Protection of Wages Ordinance, worker means a person who performs "manual labour", the definition of manual labour including work ordinarily performed by mechanics, artisans, handicraftsmen, seamen, transport workers, domestic servants and all labourers and any other similar work associated therewith including workers in the catering trade but not clerical work. Please indicate measures taken or contemplated to apply the Convention to workers who are not covered by the Ordinance.

Article 4. The Committee notes that an agreement or contract with a worker for giving to him food or other allowances and privileges in addition to money wages as a remuneration for his service is authorised by section 13 of the Ordinance. The Committee recalls that under Article 4, paragraph 1, of the Convention the partial payment in kind should be authorised by national laws or regulations, collective agreements or arbitration awards only so far as they are customary or desirable because of the nature of the industry or occupation concerned. Furthermore, the provision of section 13 does not ensure the compliance with the conditions laid down in paragraph 2(a) (allowance in kind appropriate for the personal use and benefit of the worker and his family) and (b) (fair and reasonable value) of Article 4 of the Convention.

It hopes that the Government will indicate the measures taken or contemplated to bring the legislation into conformity with the Convention with respect to this point.

Article 8, paragraph 1. Please provide information on the extent to which the deductions of wages authorised under sections 8 and 19 of the Ordinance may be made.

Article 8, paragraph 2. The Committee notes that the deductions of wages for the check-off of union dues and for provident or pension funds may be made at the request of or with the consent of workers respectively. Please indicate the measures taken to inform the workers of the conditions and the extent of the other kinds of deductions authorised by the Ordinance.

Article 10. Please supply information on the arrangements now in force for the attachment or assignment of wages.

Article 11. Please indicate measures taken or contemplated to protect the wages of workers in the event of bankruptcy or judicial liquidation of an undertaking.

Article 12, paragraph 2. The Committee notes the Government's statement that a final settlement of wages upon satisfactory completion of a contract is regulated by the clauses of the contract. It asks the Government to indicate the measures taken or envisaged to ensure that a final settlement of wages is effected within a reasonable period of time having regard to the terms of the contract, in accordance with this provision of the Convention.

Article 14(a). The Committee notes from the Government's report that measures required by this Article are regularised by contract and/or collective agreements. Please provide detailed information on measures taken to ensure that workers are informed, before they enter employment, of the conditions in respect of wages under which they are employed.