Protection of Wages Convention, 1949 (No. 95) - Barbados (Ratification: 1967)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 11 of the Convention. Wages as a privileged debt in bankruptcy proceedings. Further to the observations made by the Barbados Workers’ Union in 2011 concerning the possible ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), the Committee notes the Government’s indication that consideration of an international labour Convention for ratification is a matter kept constantly under review as national priorities determine. The Committee recalls, in this respect, that Convention No. 173 was designed as a dual-thrust instrument proposing two distinct sets of standards – one dealing with protection by means of a privilege and another covering wage guarantee funds – which may be accepted together or separately. As explained in greater detail in paragraphs 331–353 of the 2003 General Survey on protection of wages, Convention No. 173 strengthens the traditional privilege system while exploring new means of protection in the form of wage guarantee institutions and leaving a wide margin of discretion to ratifying countries for the implementation of the relevant standards. The Committee requests the Government to keep the Office informed of any progress made towards the possible ratification of Convention No. 173, which contains the most relevant standards in relation to the protection of workers’ claims in the event of the employer’s bankruptcy or insolvency.

Article 14. Information on wage conditions prior to employment and at the time of each payment of wages. The Committee recalls its previous comments in which it noted that the Protection of Wages Act (Cap. 351) in its current reading does not give full effect to Article 14 of the Convention since it does not require that workers be informed of the wage conditions applicable to them before they enter employment or be provided with a wage statement at the time of each payment of wages. The Committee notes with interest that the recently adopted Employment Rights Act 2012 provides, in section 13, for a written statement of employment particulars – including the scale or rate of wages, the method of calculating wages and the pay intervals to be given to an employee prior or forthwith upon the commencement of a contract of employment. Moreover, section 17 of the same Act provides that an employee has the right to receive from his/her employer, at or before the time at which payment of wages is made to him/her, a written, itemized pay statement which should include particulars of the gross amount of wages, the amounts of any variable or fixed deductions, the net amount of wages payable, the date of payment and the dates of the pay period.

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

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:

Repetition

Article 11 of the Convention. Wages as a privileged debt in bankruptcy proceedings. Further to its previous comment, in which it noted the adoption of the Bankruptcy and Insolvency Act (Cap. 303), section 113 of which grants fourth-rank privilege to workers’ wage claims, the Committee notes the observations made by the Barbados Workers’ Union (BWU) concerning the application of the Convention. The BWU welcomes the consideration of the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), but wishes the Government would take more active steps in order to initiate the process of ratification. The BWU refers to the extensive discussions on the Employment Rights Bill and reiterates its long-standing demand for legislation recognizing workers’ wages to be privileged debts in the event of bankruptcy or judicial liquidation proceedings. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the BWU. It also requests the Government to keep the Office informed of any decision regarding the ratification of Convention No. 173.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 11 of the Convention. Wages as a privileged debt in bankruptcy proceedings. Further to its previous comment, in which it noted the adoption of the Bankruptcy and Insolvency Act (Cap. 303), section 113 of which grants fourth-rank privilege to workers’ wage claims, the Committee notes the observations made by the Barbados Workers’ Union (BWU) concerning the application of the Convention. The BWU welcomes the consideration of the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), but wishes the Government would take more active steps in order to initiate the process of ratification. The BWU refers to the extensive discussions on the Employment Rights Bill and reiterates its long-standing demand for legislation recognizing workers’ wages to be privileged debts in the event of bankruptcy or judicial liquidation proceedings. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the BWU. It also requests the Government to keep the Office informed of any decision regarding the ratification of Convention No. 173.

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

Article 11 of the Convention. Privileged protection of wage claims in bankruptcy proceedings. With reference to its previous comments, the Committee notes with interest the repeal of the Bankruptcy Act of 1925 and the adoption of the Bankruptcy and Insolvency Act (Cap. 303), in particular section 113 which grants a fourth-rank privilege to claims in respect of wages for six months prior to the bankruptcy to the extent of 4,000 Barbadian dollars (BBD) in each case – this privilege taking priority over claims by the State and national insurance. The Committee also notes with interest the Government’s statement that it is considering the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), which happens also to be a long-standing demand of the Barbados Workers Union (BWU). The Committee requests the Government to keep the Office informed of any decision taken in this regard.

Article 14, subparagraph (a). Wage statements. The Committee notes the Government’s indication that as it currently reads the Protection of Wages Act (Cap. 351) does not give full effect to this Article of the Convention in that it does not require that workers be made aware of wage details before entering into employment nor be provided with a wage statement. It also notes, however, that an Employment Rights Bill, which is expected to address this requirement, is currently under consideration. The Committee recalls in this respect paragraph 460 of its General Survey of 2003 on protection of wages in which it considered that “being sufficiently informed of wage particulars, such as all the various wage components and the applicable rates, the method of calculation and compulsory deductions, is now almost as important as being paid on time and in full, and is in any event merely indispensable for a full understanding of the manner in which the amount of wages due is reckoned”. Indeed, the need to ensure greater transparency and protection of workers’ rights has raised the principle of keeping workers adequately informed of their wage conditions to the level of one of the fundamental requirements of the Convention. The Committee requests the Government to keep the Office informed of further developments in this regard and to transmit a copy of the new legislation once it has been finalized.

Part V of the report form. Application in practice. The Committee notes that the Government has not supplied for a number of years general information on the practical application of the Convention. It would therefore appreciate if the Government would provide together with its next report all available information, including, for instance, statistics on the number of workers covered by relevant legislation, copies of collective agreements containing clauses on pay conditions, extracts from reports of the labour inspection services showing the number of wage-related offences recorded and the sanctions imposed, any difficulties experienced in the timely payment of wages in the private or public sectors, copies of official studies or surveys addressing wage issues, etc.

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 indication in its 2000 report that draft legislation was currently being considered providing for workers’ wages as a privileged debt in the event of bankruptcy or judicial liquidation of an undertaking, as set out in Article 11 of the Convention. The Committee requests the Government to provide full particulars on the scope and content of the proposed enactment and also to supply the text of the new legislation as soon as it is formally adopted. Moreover, the Committee notes the Government’s statement to the effect that the Barbados Workers’ Union has been very concerned about the question of the preferential treatment of wage claims in case of bankruptcy and has called upon the Government to ratify the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173). The Committee requests the Government to continue supplying information on any future developments in this regard.

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

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 Government’s indication that draft legislation is currently being considered providing for workers’ wages as a privileged debt in the event of bankruptcy or judicial liquidation of an undertaking, as set out in Article 11 of the Convention. The Committee requests the Government to provide full particulars on the scope and content of the proposed enactment and also to supply the text of the new legislation as soon as it is formally adopted. Moreover, the Committee notes the Government’s statement to the effect that the Barbados Workers’ Union has been very concerned about the question of the preferential treatment of wage claims in case of bankruptcy and has called upon the Government to ratify the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173). The Committee requests the Government to continue supplying information on any future developments in this regard.

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

The Committee notes the Government’s report. It also notes the Government’s indication that draft legislation is currently being considered providing for workers’ wages as a privileged debt in the event of bankruptcy or judicial liquidation of an undertaking, as set out in Article 11 of the Convention. The Committee requests the Government to provide full particulars on the scope and content of the proposed enactment and also to supply the text of the new legislation as soon as it is formally adopted. Moreover, the Committee notes the Government’s statement to the effect that the Barbados Workers’ Union has been very concerned about the question of the preferential treatment of wage claims in case of bankruptcy and has called upon the Government to ratify the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173). The Committee requests the Government to continue supplying information on any future developments in this regard.