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

Protection of Wages Convention, 1949 (No. 95) - Barbados (Ratification: 1967)

Article 11 of the Convention. Privileged protection of wage claims in bankruptcy proceedings. With reference to its previous comments, the Committee notes with interest the repeal of the Bankruptcy Act of 1925 and the adoption of the Bankruptcy and Insolvency Act (Cap. 303), in particular section 113 which grants a fourth-rank privilege to claims in respect of wages for six months prior to the bankruptcy to the extent of 4,000 Barbadian dollars (BBD) in each case – this privilege taking priority over claims by the State and national insurance. The Committee also notes with interest the Government’s statement that it is considering the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), which happens also to be a long-standing demand of the Barbados Workers Union (BWU). The Committee requests the Government to keep the Office informed of any decision taken in this regard.

Article 14, subparagraph (a). Wage statements. The Committee notes the Government’s indication that as it currently reads the Protection of Wages Act (Cap. 351) does not give full effect to this Article of the Convention in that it does not require that workers be made aware of wage details before entering into employment nor be provided with a wage statement. It also notes, however, that an Employment Rights Bill, which is expected to address this requirement, is currently under consideration. The Committee recalls in this respect paragraph 460 of its General Survey of 2003 on protection of wages in which it considered that “being sufficiently informed of wage particulars, such as all the various wage components and the applicable rates, the method of calculation and compulsory deductions, is now almost as important as being paid on time and in full, and is in any event merely indispensable for a full understanding of the manner in which the amount of wages due is reckoned”. Indeed, the need to ensure greater transparency and protection of workers’ rights has raised the principle of keeping workers adequately informed of their wage conditions to the level of one of the fundamental requirements of the Convention. The Committee requests the Government to keep the Office informed of further developments in this regard and to transmit a copy of the new legislation once it has been finalized.

Part V of the report form. Application in practice. The Committee notes that the Government has not supplied for a number of years general information on the practical application of the Convention. It would therefore appreciate if the Government would provide together with its next report all available information, including, for instance, statistics on the number of workers covered by relevant legislation, copies of collective agreements containing clauses on pay conditions, extracts from reports of the labour inspection services showing the number of wage-related offences recorded and the sanctions imposed, any difficulties experienced in the timely payment of wages in the private or public sectors, copies of official studies or surveys addressing wage issues, etc.