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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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 and 99 (minimum wage) together. The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Further to its previous comments, the Committee notes that the new Labour (Relations) Act of 2018 establishes the minimum wage-fixing machinery and, more particularly, that it provides in section 79 that the Executive Council may at any time appoint a tripartite Minimum Wage Advisory Committee (MWAC) for the fixing of minimum rates of wages. The Committee notes that the Government indicates in its 2019 report that the Minister of Labour, which holds the responsibility for the establishment of the MWAC, is actively seeking to recruit members for this body and has sent out invitations to various organizations to nominate persons to serve on it. The Committee also takes note of the Government’s indication that, recognizing that this has the potential to be a complex undertaking, it has made the decision to engage the services of the Office to assist the MWAC in formulating a minimum wage. The Commission further notes that the Government indicates in the supplementary information provided in 2020 that it had been able to obtain approval from the members proposed to serve on the MWAC and that it had sought technical assistance from the ILO. The Government adds however that, following elections in 2020, the new administration has been reviewing the MWAC membership and was in the process of finalising the Committee. It also indicates that while it was not considered to be a good time to raise the subject of a minimum wage in the context of the COVID-19 pandemic, the Government would continue to do the necessary research to prepare future deliberations on the topic. The Committee requests the Government to provide information on the work of the MWAC, once established, and the results achieved, notably regarding the fixing of minimum wage rates. It also requests the Government to provide information on any collective agreements, which may establish minimum rates of wages in certain sectors or industries.

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

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 and 99 (minimum wage) together.

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Further to its previous comments, the Committee notes that the new Labour (Relations) Act of 2018 establishes the minimum wage-fixing machinery and, more particularly, that it provides in section 79 that the Executive Council may at any time appoint a tripartite Minimum Wage Advisory Committee (MWAC) for the fixing of minimum rates of wages. The Committee notes that the Government indicates in its reports that the Minister of Labour, which holds the responsibility for the establishment of the MWAC, is actively seeking to recruit members for this body and has sent out invitations to various organizations to nominate persons to serve on it. The Committee also takes note of the Government’s indication that, recognizing that this has the potential to be a complex undertaking, it has made the decision to engage the services of the Office to assist the MWAC in formulating a minimum wage. The Committee requests the Government to take the necessary measures to finalize the establishment of the MWAC without delay. It requests the Government to provide information on the work of the MWAC, once established, and the results achieved, notably regarding the fixing of minimum wage rates. Finally, it requests the Government to provide information on any collective agreements, which may establish minimum rates of wages in certain sectors or industries.

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

Article 3 of the Convention. Minimum wage fixing machinery. Further to its previous comment, the Committee notes the Government’s statement that very little progress has been made in establishing a minimum wage, as none of the Minimum Wage Advisory Committees appointed by the Governor in Council since 2007 has concluded its work. The Government also indicates that it is now planning to appoint a core group of individuals from the various organizations in order to make recommendations of a minimum wage, possibly on the basis of the Poverty Assessment Report which was released in July 2012. The Committee asks the Government to take all necessary measures in order to complete the minimum wage fixing process in the very near future and to transmit a copy of the minimum wage order once it has been adopted.

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

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the existence of a draft Labour Code which contains certain provisions dealing with the determination of the minimum basic wage rate. The Committee notes that, under the draft Labour Code but also under the relevant provisions of the Fair Labour Standards Ordinance 1988, which is currently still in force, provision is made for Orders fixing minimum wage rates to be issued by the competent authority upon the recommendation of a tripartite advisory committee. The Committee recalls, in this respect, that it has been requesting the Government since 1993 to supply information on the specific steps taken to ensure the application of the provisions referred to above. No such information has so far been communicated other than the indication that the Chamber of Commerce, the Hotel and Tourism Association and workers’ representatives from some establishments were invited to name representatives to the Minimum Wage Committee. The Committee is obliged therefore to renew its request for detailed information on the manner in which effect is given to the requirements of the Convention both in law and in practice. In this connection, the Committee would appreciate receiving copies of statutory instruments establishing minimum wage rates, the trades or occupations, including agriculture, to which those rates would be applicable as well as any other information relating to the implementation and enforcement of the national legislation in respect of minimum wages. The Committee also asks the Government to keep the Office informed of any developments regarding the draft Labour Code and to forward a copy of the new legislation as soon as it is enacted.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the existence of a draft Labour Code which contains certain provisions dealing with the determination of the minimum basic wage rate. The Committee notes that, under the draft Labour Code but also under the relevant provisions of the Fair Labour Standards Ordinance 1988, which is currently still in force, provision is made for Orders fixing minimum wage rates to be issued by the competent authority upon the recommendation of a tripartite advisory committee. The Committee recalls, in this respect, that it has been requesting the Government since 1993 to supply information on the specific steps taken to ensure the application of the provisions referred to above. No such information has so far been communicated other than the indication that the Chamber of Commerce, the Hotel and Tourism Association and workers’ representatives from some establishments were invited to name representatives to the Minimum Wage Committee. The Committee is obliged therefore to renew its request for detailed information on the manner in which effect is given to the requirements of the Convention both in law and in practice. In this connection, the Committee would appreciate receiving copies of statutory instruments establishing minimum wage rates, the trades or occupations, including agriculture, to which those rates would be applicable as well as any other information relating to the implementation and enforcement of the national legislation in respect of minimum wages. The Committee also asks the Government to keep it informed of any developments regarding the draft Labour Code and to forward a copy of the new legislation as soon as it is enacted.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. It also notes the existence of a draft Labour Code which contains certain provisions dealing with the determination of the minimum basic wage rate. The Committee notes that, under the draft Labour Code but also under the relevant provisions of the Fair Labour Standards Ordinance 1988, which is currently still in force, provision is made for Orders fixing minimum wage rates to be issued by the competent authority upon the recommendation of a tripartite advisory committee. The Committee recalls, in this respect, that it has been requesting the Government since 1993 to supply information on the specific steps taken to ensure the application of the provisions referred to above. No such information has so far been communicated other than the indication that the Chamber of Commerce, the Hotel and Tourism Association and workers’ representatives from some establishments were invited to name representatives to the Minimum Wage Committee. The Committee is obliged therefore to renew its request for detailed information on the manner in which effect is given to the requirements of the Convention both in law and in practice. In this connection, the Committee would appreciate receiving copies of statutory instruments establishing minimum wage rates, the trades or occupations, including agriculture, to which those rates would be applicable as well as any other information relating to the implementation and enforcement of the national legislation in respect of minimum wages. The Committee also asks the Government to keep it informed of any developments regarding the draft Labour Code and to forward a copy of the new legislation as soon as it is enacted.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Article 1 of the Convention. The Committee notes the Government's statement that, following changes in the employment situation, there has been a delay in the introduction of minimum wages for domestic workers. It requests the Government to continue providing information on any progress made in this respect.

Article 5 and point V of the report form. The Committee requests the Government to supply, in accordance with these provisions of the Convention, general information on the application of the Convention in practice, including: (i) the available data on the number and different categories of workers covered by minimum provisions; and (ii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the Fair Labour Standards Ordinance 1988 (No. 16 of 1988), which includes provisions establishing the machinery for the determination of minimum wage rates. It also notes from the Government's report that no minimum wage order is currently in force and that, in relation to domestic household employees, a minimum wage order is in the process of formulation. The Committee requests the Government to supply information on the results of the application of the minimum wage fixing machinery, including the approximate number of workers covered, the minimum rates of wages fixed as required by Article 5 of the Convention.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes from the Government's report that no minimum wage rates are currently in force in spite of the several attempts made by the Government. It hopes that the Government will indicate in their next report any progress achieved in fixing minimum wages.

The Committee asks the Government to communicate to the ILO a copy of the Fair Labour Standards Bill.