Protection of Wages Convention, 1949 (No. 95) - Montserrat

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 (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 Further to its previous comments, the Committee notes the adoption of the Labour Code, Act No. 20 of 2012, which repealed the Employment Act.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 The Committee notes that the Labour Code repealed the Protection of Wages Act.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.

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

Articles 4 and 10 of the Convention. Partial payment of wages in kind – attachment and assignment of wages. The Committee has been drawing the Government’s attention for a considerable number of years to sections 11 and 13 of the Protection of Wages Act (Cap. 15:03) which do not give full effect to the requirements of the Convention concerning the partial payment of wages in kind and the attachment of wages. In the absence of new information on this point, the Committee is obliged to recall once again that Article 4 of the Convention does not permit the parties to an employment relationship to provide for the partial payment of wages in kind by individual agreement. In addition, Article 10 of the Convention requires, first, that the attachment of wages take place only in a manner and within limits prescribed by national laws or regulations, and second, that attachment should be kept within such limits as may be necessary for the maintenance of the worker and his/her family. The Committee understands that a draft Labour Code is currently under preparation which contains in Part IV provisions relating to the protection of wages. Some of these provisions are new and mark an improvement, for instance, section 46 which sets out an outright prohibition of wage deductions in the form of fines, whereas others merely reproduce the provisions of the Protection of Wages Act, such as section 43 on allowances in kind. However, section 11 of the Protection of Wages Act on which the Committee has been commenting for some time is not included in the draft Labour Code. The Committee firmly hopes that in the ongoing process of elaboration of the new Labour Code, the Government will take the necessary measures to bring the national legislation into full conformity with the requirements of Articles 4 and 10 of the Convention. The Committee also requests the Government to keep the Office informed of any progress made in this regard and to transmit a copy of the new Labour Code once it has been adopted.

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

Articles 4 and 10 of the Convention. Partial payment of wages in kind – Attachment and assignment of wages. The Committee has been pointing out for many years that the Protection of Wages Act (No. 6 of 1962), Chapter 15:03, Revised Laws of Montserrat, does not give full effect to the provisions of the Convention concerning the partial payment of wages in kind and the protection of wages against attachment and assignment. Despite assurances given by the Government on numerous occasions (last in 1994 when the Government indicated that a draft bill had been prepared and was expected to be enacted the same year), no concrete progress has ever been reported in bringing the legislation in closer conformity with these Articles of the Convention. Under the circumstances, the Committee is obliged to recall that Article 4 of the Convention permits the partial payment of wages in kind through an authorization afforded by national laws or regulations, collective agreements, or arbitration awards but does not permit the parties to an employment relationship to provide for such payment by individual agreement. Therefore, provisions in national legislation under which an employer may agree with a worker to grant the latter benefits in kind in lieu of money wages are inconsistent with this Article of the Convention. In addition, Article 10 of the Convention requires, first, that the attachment or assignment of wages take place only in a manner and within limits prescribed by national laws or regulations and, second, that attachment or assignment should be kept within such limits as may be necessary for the maintenance of the worker and his/her family. In this connection, the Committee wishes to refer to paragraphs 105–160 and
272–293 of its General Survey of 2003 on the protection of wages which offer guidance concerning possible ways to attain legislative conformity with these provisions of the Convention. The Committee therefore asks the Government to take all necessary measures without further delay in order to give full effect to the requirements of Articles 4 and 10 of the Convention on which it has been commenting for some time past.

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

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 Government’s earlier indication that Montserrat is still recovering from extended volcanic activity and that as a result the Government has been unable to enact the draft legislation on the protection of wages which would give effect to Articles 4 and 10 of the Convention. The Committee again hopes that this legislation will soon be adopted and that it will ensure full conformity with the above Articles of the Convention which have been the subject of its comments for many years.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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 Government’s earlier indication that Montserrat is still recovering from extended volcanic activity and that as a result the Government has been unable to enact the draft legislation on the protection of wages which would give effect to Articles 4 and 10 of the Convention. The Committee again hopes that this legislation will soon be adopted and that it will ensure full conformity with the above Articles of the Convention which have been the subject of its comments for many years.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 Government’s earlier indication that Montserrat is still recovering from extended volcanic activity and that as a result the Government has been unable to enact the draft legislation on the protection of wages which would give effect to Articles 4 and 10 of the Convention. The Committee again hopes that this legislation will soon be adopted and that it will ensure full conformity with the above Articles of the Convention which have been the subject of its comments for many years.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

Further to its previous comments, the Committee notes the Government’s statement that Montserrat is still in the process of recovering from extended volcanic activity and that as a result the Government has been unable to enact the draft legislation on the protection of wages which would give effect to Articles 4 and 10 of the Convention. The Committee again hopes that this legislation will soon be adopted and that it will ensure full conformity with the above Articles of the Convention which have been the subject of its comments for many years.

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

Montserrat

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:

Further to its previous comments, the Committee notes the Government’s statement that Montserrat is still in the process of recovering from extended volcanic activity and that as a result the Government has been unable to enact the draft legislation on the protection of wages which would give effect to Articles 4 and 10 of the Convention. The Committee again hopes that this legislation will soon be adopted and that it will ensure full conformity with the above Articles of the Convention which have been the subject of its comments for many years.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Further to its previous comments, the Committee notes the Government’s statement that Montserrat is still in the process of recovering from extended volcanic activity and that as a result the Government has been unable to enact the draft legislation on the protection of wages which would give effect to Articles 4 and 10 of the Convention. The Committee again hopes that this legislation will soon be adopted and that it will ensure full conformity with the above Articles of the Convention which have been the subject of its comments for many years.

[The Government is asked to reply in detail to the present comments in 2003.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Further to its previous comments, the Committee notes the Government’s statement that Montserrat is still in the process of recovering from extended volcanic activity and that as a result the Government has been unable to enact the draft legislation on the protection of wages which would give effect to Articles 4 and 10 of the Convention. The Committee again hopes that this legislation will soon be adopted and that it will ensure full conformity with the above Articles of the Convention which have been the subject of its comments for many years.

[The Government is asked to report in detail in 2002.]

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

With reference to its previous comments, the Committee notes the Government’s indication that the necessary legislation is being prepared and that the draft bill, which has been circulated to relevant partners for comments, is expected to be passed later in 1994. The Committee hopes that the necessary progress will soon be made to give effect to Articles 4 and 10 of the Convention concerning respectively the regulation of the partial payments in kind, and the protection of wages against attachment and assignment, on which points the Committee has been commenting for many years.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments, the Committee notes the Government's indication that the necessary legislation is being prepared and that the draft bill, which has been circulated to relevant partners for comments, is expected to be passed later in 1994. The Committee hopes that the necessary progress will soon be made to give effect to Articles 4 and 10 of the Convention concerning respectively the regulation of the partial payments in kind, and the protection of wages against attachment and assignment, on which points the Committee has been commenting for many years.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes the information supplied by the Government and takes note of the Employment Ordinance (No. 19 of 1979).

Article 4 of the Convention provides that national laws or regulations, collective agreements or arbitration awards may authorise the partial payment of wages in the form of allowances in kind in industries or occupations in which payment in the form of such allowances is customary or desirable because of the nature of the industry or occupation concerned. However, as the Committee has been noting since 1964, section 13 of Ordinance No. 6 of 1962 leaves employers and workers free in all cases to agree on any form of "allowances or privileges" as a remuneration for the workers' services. As regards Article 10 of the Convention, the Committee points out that section 11 of Ordinance No. 6 only gives partial effect to this Article of the Convention, which provides that wages may be attached or assigned only in a manner and within limits prescribed by national laws or regulations and that wages shall be protected against attachment or assignment to the extent deemed necessary for the maintenance of the worker and his family.

After examining the provisions of the Employment Ordinance (No. 19 of 1979), the Committee notes that this Ordinance does not contain provisions that give effect to Articles 4 and 10 of the Convention.

The Committee therefore requests the Government to take the necessary measures to give effect to these Articles of the Convention, which have been the subject of its comments for many years.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Articles 4 and 10 of the Convention. The Committee regrets to note that the text of Employment Ordinance No. 19 of 1979 has not yet been communicated to the Office. The Committee again asks the Government to supply the text of this Ordinance with its next report. The Committee recalls that the previous legislation did not give full effect to these Articles of the Convention.