Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Montserrat

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1964)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1958)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wage) and 95 (protection of wages) together.

Minimum Wage

Articles 1–3 of Convention No. 26. Minimum wage-fixing machinery. Further to its previous comments, the Committee notes the adoption of the Labour Code, Act No. 20 of 2012, which repealed the Employment Act. It notes that the new Code does not contain provisions on minimum wage fixing. The Committee also notes that the Government indicates in its report that: (i) a Minimum Wage Task Force (MWTF) was established in 2017 to provide inputs regarding the development, establishment and implementation of a minimum wage; (ii) members of the MWTF were selected from across different stakeholders, including workers, employers, and their representatives; and (iii) the MWTF has presented a recommendation, which is currently with the Government for review. The Committee requests the Government to provide information on any decision made regarding the fixing of minimum wage rates.

Protection of wages

Article 2 of Convention No. 95. Application to public service employees. The Committee notes that the Labour Code repealed the Protection of Wages Act. It further notes that the provisions of the Labour Code concerning the protection of wages do not apply to the public service and the police service (section 4(2)). The Committee requests the Government to provide information on the manner in which effect is given to the Convention with regard to workers in the public service and the police service.

Article 4. Partial payment of wages in kind. Further to its previous comments, the Committee notes that section 42 of the Labour Code allows the partial payment of wages in kind. It also notes the Government’s indication that the payment of wages in the form of allowances in kind is usually customary or desirable for some migrant workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that allowances in kind are appropriate for the personal use and benefit of workers and their families and that the value attributed to such allowances is fair and reasonable, as requested under Article 4(2) of the Convention.