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

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Saint Lucia (Ratification: 1980)

The Committee notes the information provided by the Government in its report. It notes with interest the adoption of Minimum Wage Act No. 27 of 1999 and requests the Government to provide fuller information on the following points.

Article 3, paragraph 2(2), of the Convention. The Committee notes that under section 5(2)(b)(i) of the above Act the most representative organizations of employers and workers participate in equal numbers in the work of the Minimum Wage Commission. It also notes that the Governor-General shall, under section 5(2)(b)(iv), nominate three other members to the above Commission which, under section 5(3) of the same Act, shall as far as possible be representative of non-unionized workers. Recalling the requirement set forth by this provision of the Convention of the participation of the employers and workers concerned on equal terms and in equal numbers in the operation of minimum wage fixing machinery and in view of the above provisions of the Minimum Wage Act, the Committee requests the Government to indicate the manner in which the national law in force ensures compliance with this principle.

Article 5 and Part V of the report form. In view of section 4 of the Minimum Wage Act, the Committee requests the Government to indicate whether, since its entry into force, orders fixing one or more minimum wages have been adopted and, if so, the trades to which these minimum wages are applicable. The Committee would also be grateful if the Government would provide fuller information on the Minimum Wage Commission, and particularly the opinions that it has issued, in accordance with section 9 of the Minimum Wage Act, so as to be able to ascertain the manner in which it operates in practice. In addition, the Committee would be grateful to receive a copy of all legislative texts establishing minimum wages during the reference period, and clarifications as to the measures adopted or envisaged by the Government for the adjustment of minimum wage rates which, in certain cases (such as office workers, agricultural workers and workers in light industry) have not been adjusted for over 20 years.

The Committee also requests the Government to provide with its next report any information, including statistics, on the application of the Convention in practice. Moreover, it would be grateful if the Government would indicate the number of workers actually covered by the minimum wage regulations and if it would provide extracts of reports of the inspection services concerning compliance with the minimum wage regulations with an indication, among other information, of the number of violations reported and the penalties imposed, in accordance with section 23 of the Minimum Wage Act.