Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Anguilla

Article 3 of the Convention. Minimum wage-fixing machinery. The Committee recalls its previous comments in which it requested the Government to explain how it ensured the effective application of the Convention in law and in practice. In its last report, the Government indicates that the Convention continues to be implemented through section 18 of the Fair Labour Standards Act F15 of the Revised Statutes of Anguilla which provides that whenever the Governor in Council deems it expedient that steps should be taken to regulate wages paid in any trade or occupation, he may appoint a minimum wage advisory committee to investigate the conditions of employment in such trade or occupation and to make recommendations as to the minimum wage rates that should be payable. The Government adds that the tripartite Minimum Wage Advisory Committee – consisting of an equal number of representatives of employers’ and workers’ organizations – was appointed in July 2007. The Committee was currently considering the establishment of a minimum wage on the basis of the Poverty Assessment Survey undertaken by the Statistical Department. The Committee requests the Government to provide detailed information on any progress made with respect to the determination of the minimum wage, including its amount and coverage, and to forward a copy of the relevant statutory instrument once it has been adopted.

Article 5 of the Convention and Part V of the report form. Application in practice. The Committee notes that since 1980, i.e. the repeal of the three minimum wage orders then in force, the Government has not provided any general information on the practical application of the Convention. The Committee would therefore appreciate if upon the forthcoming establishment of the new minimum wage, the Government would supply up to date information on the application of the Convention in practice, including for instance the number and categories of workers covered by relevant legislation or paid at the minimum wage rate, inspection results, practical difficulties of implementation (for instance, fair remuneration levels for migrant construction workers in the hotel industry) and measures taken in response, etc.