Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Wage Fixing Convention, 1970 (No. 131) - Antigua and Barbuda (Ratification: 2002)

The Committee notes with interest the Government’s first report on the application of the Convention. It wishes to request additional information on the following points.

Article 2(1) of the Convention. Sanctions for non-payment of the national minimum wage. The Committee notes that section C23(1) of the Labour Code (Cap. 27) prescribes a fine of 300 East Caribbean dollars (XCD) (approximately US$115) for an employer who fails to pay the minimum basic wage and XCD750 (approximately US$286) in case of a second or subsequent conviction. It also notes the Government’s indication that the National Labour Board is currently reviewing the amount of fine imposed on employers who pay their workers at a rate less than the national minimum wage. Recalling that monetary sanctions must be established and periodically readjusted at a level that is truly dissuasive and effective in preventing infringements of the minimum wage legislation, the Committee requests the Government to inform the Office of any progress made in reviewing the level of fines currently provided for in the Labour Code.

Article 4(3). Direct participation of employers’ and workers’ organizations on a basis of equality. The Committee notes that, under section C21(3) of the Labour Code, the Minimum Wage Advisory Committee must consist of equal numbers of employers’ and workers’ representatives and representatives of such other interests in the economy as the Minister of Labour, Public Administration and Empowerment deems appropriate. It also notes the information provided by the Government in its report that the Minimum Wage Advisory Committee currently consists of representatives from the Trade Union Congress, the Antigua and Barbuda Employers’ Federation, the Antigua and Barbuda Hotel and Tourist Association, the Antigua and Barbuda Contractors Association and the Chamber of Commerce and Industry. While noting that the number of organizations representing business or employers’ interests is significantly larger than that of organizations representing the workers’ movement, the Committee asks the Government to explain how it ensures, in practice, the equitable and balanced representation of employers and workers, as required under this Article of the Convention. In this regard, the Committee wishes to draw attention to Article 4(3)(b), of the Convention, which allows for the participation of independent persons, but only after full consultation with employers’ and workers’ organizations concerned. The Committee would also appreciate receiving a copy of the Rules on the powers, duties and procedure of the Minimum Wage Advisory Committee, provided for in section C21(2) of the Labour Code, if these Rules have already been issued.

Part V of the report form. The Committee notes the Minimum Wage Order, 2008 (Statutory Instrument 2008, No. 2) which sets the National Minimum Wage for all categories of workers at XCD7.50 (approximately US$2.90) per hour as from 2 January 2008. It also notes that the statistical information from the labour inspection service of the Labour Department to which the Government made reference in its report was not attached to the report. It requests the Government to continue transmitting information on the practical application of the Convention including, for instance, statistical information showing the evolution of the national minimum wage rate in recent years compared to the evolution of economic indicators, such as the inflation rate over the same period, the approximate number of workers paid at the minimum wage level, extracts from reports of the labour inspection services, copies of official documents or studies addressing issues dealt with in the Convention, etc.