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

The Committee requests the Government to refer to the comments made under the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).

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

The Committee requests the Government to refer to the comments made under Convention No. 26.

In addition, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Conventions Nos 26 and 99 are among those instruments which may no longer be fully up to date but remain relevant in certain respects and that the States parties to these Conventions should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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 under Convention No. 26.

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 under Convention No. 26.

[The Government is asked to report in detail in 2008.]

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

See under Convention No. 26.

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

See under Convention No. 26, as follows:

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)

See under Convention No. 26, as follows:

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)

See under Convention No. 26, as follows:

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.