Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Jersey

Article 2 of the Convention. Partial payment of wages in kind. In its previous comment, the Committee had drawn the Government’s attention to section 17(2)(d) of the Employment Law which permits the remuneration to consist in whole of benefits in kind. In its report, the Government indicates that whilst the primary legislation allows that provision may be made for determining the hourly rate of pay on cases where pay consists wholly of benefits in kind, further legislative provision would have to be made for that to apply in practice. The Government also indicates that it is the employment forum which would first have to be consulted in that case and it is the Minister for Social Security and the Government which should approve draft legislation. The Committee notes the Government’s explanations and understands it is not the intention of the forum or the Minister for Social Security to propose an extension of the benefits in kind that may be counted when determining minimum wage pay beyond partial payment. However, recalling that Article 2 of the Convention expressly provides only for the partial payment of the minimum wages in the form of allowances in kind, the Committee requests the Government to amend section 17(2)(d) of the Employment Law in order to bring it into full conformity with the requirements of the Convention in this regard.

Article 3(4). Differentiated minimum wage rates based on age. The Committee notes the Government’s indications that whilst the minimum wage regulations previously provided for the possibility of a lower hourly rate of pay to be set for employees who have not attained 18 years of age, an order was not made under that regulation and the provision was never applied in practice. The Committee also notes with interest that although consideration was given to the possibility of introducing a lower “youth rate” especially due to increasing youth unemployment, the employment forum advised against such measure and subsequently Regulation 4 was amended in 2008 to remove the power to make an order setting a different hourly rate of pay for employees under the age of 18.

Article 5 and Part V of the report form. Implementing measures – Practical application. The Committee notes the statistical information provided by the Government concerning the number of inspection visits and minimum wage-related infringements observed during the period 2007–11. It also notes that the majority of minimum wage earners work in agriculture and live in tied accommodation. The Committee would appreciate if the Government would continue to provide up-to-date information on the practical application of the Convention.