Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 11 of the Convention. Wages as a privileged debt in bankruptcy proceedings. Further to its previous comment, in which it noted the adoption of the Bankruptcy and Insolvency Act (Cap. 303), section 113 of which grants fourth-rank privilege to workers’ wage claims, the Committee notes the observations made by the Barbados Workers’ Union (BWU) concerning the application of the Convention. The BWU welcomes the consideration of the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), but wishes the Government would take more active steps in order to initiate the process of ratification. The BWU refers to the extensive discussions on the Employment Rights Bill and reiterates its long-standing demand for legislation recognizing workers’ wages to be privileged debts in the event of bankruptcy or judicial liquidation proceedings. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the BWU. It also requests the Government to keep the Office informed of any decision regarding the ratification of Convention No. 173.