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

Protection of Wages Convention, 1949 (No. 95) - Dominica (Ratification: 1983)

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.