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

Dominica

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1983)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1983)

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.