Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Protection of Wages Convention, 1949 (No. 95) - Montserrat

With reference to its previous comments, the Committee notes the information supplied by the Government and takes note of the Employment Ordinance (No. 19 of 1979).

Article 4 of the Convention provides that national laws or regulations, collective agreements or arbitration awards may authorise the partial payment of wages in the form of allowances in kind in industries or occupations in which payment in the form of such allowances is customary or desirable because of the nature of the industry or occupation concerned. However, as the Committee has been noting since 1964, section 13 of Ordinance No. 6 of 1962 leaves employers and workers free in all cases to agree on any form of "allowances or privileges" as a remuneration for the workers' services. As regards Article 10 of the Convention, the Committee points out that section 11 of Ordinance No. 6 only gives partial effect to this Article of the Convention, which provides that wages may be attached or assigned only in a manner and within limits prescribed by national laws or regulations and that wages shall be protected against attachment or assignment to the extent deemed necessary for the maintenance of the worker and his family.

After examining the provisions of the Employment Ordinance (No. 19 of 1979), the Committee notes that this Ordinance does not contain provisions that give effect to Articles 4 and 10 of the Convention.

The Committee therefore requests the Government to take the necessary measures to give effect to these Articles of the Convention, which have been the subject of its comments for many years.