Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Bahamas (Ratification: 1976)

The Committee notes with interest the information supplied by the Government in its report, in particular the adoption of the Minimum Wages Act, 2002.

Articles 1 and 2 of the Convention. The Committee notes that under section 4(1) of the Minimum Wages Act, 2002, the statutory minimum wage rates have been fixed at 4 dollars for the employees employed by the hour, 30 dollars for those employed by the day, and 150 dollars for the employees paid by the week. It also notes that, contrary to some earlier indications, the new Minimum Wages Act does not exclude from its scope of application certain categories of workers, such as domestic workers and pump attendants, but applies to all employees of both private sector and public service. Moreover, the Committee notes that, by virtue of section 3(3) of the same Act, the Minister of Labour may by order provide that the provisions of the Act shall not apply in relation to persons or employments of such classes as may be specified in the order. In this connection, the Committee is bound to recall that Article 2 of the Convention requires prior consultations with the representative organizations of employers and workers concerned before any exceptions from the coverage of minimum wages may be authorized. The Committee requests therefore the Government to indicate the measures taken or envisaged to ensure that no categories of workers are excluded from the application of minimum wages without the employers’ and workers’ organizations concerned being previously consulted, and also to specify whether any ministerial order has already been issued under the permissive provision of section 3(3) of the Minimum Wages Act.

Article 3, paragraph 2(1) and (2). The Committee notes the Government’s statement that it considers reviewing the existing minimum wages legislation so that it no longer be of general application but make separate provisions for each industrial sector or occupational category. While noting that the Government has invited input in this regard from all the stakeholders in a spirit of industrial tripartism, the Committee stresses the need for employers and workers concerned to be associated in the operation of the minimum wage fixing machinery not just by sending written inputs, but by actually participating in equal numbers and on equal terms as set out in this Article of the Convention. The Committee therefore requests the Government to keep it informed of any new developments, in law or practice, in respect of the determination of minimum wage rates. In addition, the Committee would appreciate if the Government could specify whether any regulations have been issued under section 14(b) of the Minimum Wages Act providing for the establishment of committees to advise the Minister on any matters arising in relation to the administration of this Act, and if so to supply the text of such regulations.

Article 5 and Part V of the report form. Further to its previous comment on this point, the Committee notes the Government’s indication that the Department of Labour is in the process of collecting relevant statistical information to be submitted when compiled by sector, and also that certain cases involving minimum wage issues are currently pending before the Industrial Tribunal. The Committee renews therefore its request for up-to-date and detailed information regarding the application of the Convention in practice, including statistics on the number of workers covered by minimum wages legislation, extracts from inspection reports showing the number of infringements and sanctions imposed, texts of judicial decisions discussing questions of principle relating to the application of the Convention as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.