Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Barbados (Ratification: 1967)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1 and 3 of the Convention. Minimum wage-fixing machinery. The Committee notes the adoption of the Minimum Wage Act, 2017, which repeals the Wages Councils Act. It notes that section 6(1) of the new Act provides that the Minister may by Order: (a) prescribe a national minimum wage and specify the minimum terms and conditions of service in respect of all employees; or (b) prescribe a minimum wage and specify the minimum terms and conditions of service in respect of employees in a specified group or sector. It also notes that section 3(1) establishes a Minimum Wage Board to advise the Minister on all matters relating to the fixing of minimum wages. The Schedule to the Act provides that the Board would be a tripartite body comprised in equal numbers of representatives of the Government, the employers and the workers. The Committee requests the Government to provide information on the measures taken in application of the new Act, in particular on the establishment and composition of the Minimum Wage Board and on any Orders adopted by the Minister to prescribe a national minimum wage or minimum wages for specified groups or sectors. In relation to the latter, the Committee refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100).

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

Articles 1 and 3 of the Convention. Minimum wage-fixing machinery. The Committee notes the information provided in the Government’s report, in particular the adoption of the most recent Shop Wages Council Order, which took effect on 5 April 2012, and which sets the new minimum weekly (250BBD, approximately US$125), daily (50BBD, approximately US$25) and hourly (6.25BBD, approximately US$3.10) rates for shop assistants. The Committee also notes the Government’s explanations that, at present, the Shop Wages Council is the only wage-fixing body operating in accordance with the provisions of the Wages Council Act (Chapter 362) the Wages Council (Wages Regulation) (Shops) Order 1958 and fixing minimum pay rates for approximately 20,000 shop assistants. Moreover, the Committee notes the Government’s statement that legislation is currently being drafted to establish a Minimum Wages Board which would have a wider mandate to make recommendations regarding the rate of wages to be paid to various categories of workers, which may well include domestic workers.

In this connection, the Committee recalls its previous comment in which it noted the observations of the Barbados Workers’ Union (BWU) concerning the need to readjust the minimum wage for domestic workers that remains unchanged for over 20 years and the lack of appropriate supervision due to privacy issues. In its reply, the Government makes reference to section 5(3) of the new Employment Rights Act, 2012, which strengthens the inspection of labour conditions for domestic workers by empowering the Chief Labour Officer to carry out inspections of any premises or place in which he has reasonable cause to believe that any person may be employed. The Committee requests the Government to keep the Office informed of any progress made with regard to the establishment of a Minimum Wages Board and the possible determination of a national minimum wage. The Committee also requests the Government to provide information on any further developments concerning the minimum wage coverage of domestic workers, especially in the light of the relevant provisions of the Domestic Workers Convention, 2011 (No. 189).

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

Articles 1 and 3 of the Convention. Minimum wage-fixing machinery. The Committee recalls its previous comment in which it referred to the readjustment of the minimum wage for domestic workers that remains unchanged for over 20 years, and noted the Government’s commitment to addressing this matter in consultation with the social partners. The Committee notes the new observations of the Barbados Workers’ Union (BWU) on this point, dated 31 August 2011, according to which even though anecdotal evidence suggests that domestic workers are generally paid at the prevailing market rates, these rates should be enshrined in statute to ensure sufficient protection. The BWU alleges that even when paid at market rates, domestic workers still do not earn a living wage as they are often given a minimal number of hours. The BWU also recalls the lack of appropriate supervision due to privacy issues and the fact that the residence status of most migrant domestic workers prevents them from filing complaints. In this connection, the BWU refers to the possibility of establishing a ‘crisis hotline’ that could offer advice to these workers. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the BWU. Moreover, recalling the recent adoption of the Domestic Workers Convention, 2011 (No. 189), in particular Article 11 which requires ratifying member States to take measures to ensure that domestic workers enjoy minimum wage coverage, where such coverage exists, the Committee requests the Government to keep the Office informed of any progress made for the revision of the minimum wage rate applicable to domestic workers.

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

Articles 1 and 3 of the Convention. Minimum wage-fixing machinery. The Committee recalls its previous comment in which it referred to the readjustment of the minimum wage for domestic workers that remains unchanged for over 20 years, and noted the Government’s commitment to addressing this matter in consultation with the social partners. The Committee notes the new observations of the Barbados Workers’ Union (BWU) on this point, dated 31 August 2011, according to which even though anecdotal evidence suggests that domestic workers are generally paid at the prevailing market rates, these rates should be enshrined in statute to ensure sufficient protection. The BWU alleges that even when paid at market rates, domestic workers still do not earn a living wage as they are often given a minimal number of hours. The BWU also recalls the lack of appropriate supervision due to privacy issues and the fact that the residence status of most migrant domestic workers prevents them from filing complaints. In this connection, the BWU refers to the possibility of establishing a ‘crisis hotline’ that could offer advice to these workers. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the BWU. Moreover, recalling the recent adoption of the Domestic Workers Convention, 2011 (No. 189), in particular Article 11 which requires ratifying member States to take measures to ensure that domestic workers enjoy minimum wage coverage, where such coverage exists, the Committee requests the Government to keep the Office informed of any progress made for the revision of the minimum wage rate applicable to domestic workers.

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

Articles 1 and 3 of the Convention. Minimum wage fixing machinery. Further to its previous comment, the Committee notes with interest that the Wages Councils (Wages Regulation) (Shop Assistants) Order, 2004 (S.I. 2004, No. 155), has introduced a single rate for shop assistants (200 Barbadian dollars (BDS) per week) thus removing the discriminatory age differential. It also notes the information concerning the evolution of collectively agreed minimum wage rates for workers in the sugar industry in the period 2003–08.

With relation to the review of the existing minimum wage rate for domestic workers, which remains unchanged for over 20 years, the Committee notes the comments of the Congress of Trade Unions and Staff Association of Barbados (CTUSAB), dated 19 June 2008, according to which the minimum wage payable to domestic workers needs to be increased in order to reflect changes in the cost of living as well as market conditions. The Committee also notes the Government’s indication that, even though domestic workers are currently paid market prevailing rates which by far exceed the existing statutory rates, it is committed to addressing this matter in consultation with the social partners, and also that consideration is given to the possibility of establishing a Minimum Wages Board responsible for making recommendations to the Minister of Labour with respect to any group of workers which would need minimum wage protection. The Committee requests the Government to keep the Office informed of any progress made with regard to the readjustment of the minimum wage for domestic workers and the possible establishment of a Minimum Wages Board.

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 recalls its previous comments in which it requested the Government to keep it informed of any developments as regards the revision of the existing minimum wage rate for domestic workers and the operation of minimum wage fixing in the sugar industry. In its reply, the Government stated that there had been no progress in adjusting the minimum wage rate for domestic workers while it made no reference to a legally binding minimum wage for sugar plantation workers as may be prescribed under section 3(i)(a) of the Sugar Workers (Minimum Wage and Guaranteed Employment) Act (Cap. 359). The Committee is, therefore, bound to recall that minimum wage rates may only serve a meaningful purpose if they are adjusted from time to time to sufficiently take account of changes in the cost of living and other economic conditions. Bearing in mind that the minimum wage rate for domestic employees has not been revised for over 20 years and that the prevailing wage would now appear to be triple the statutory minimum (BDS$1.50 per hour), the Committee urges the Government to take the necessary measures, in consultation with the employers’ and workers’ organizations concerned, to determine new minimum wage rates for domestic employees.

With respect to sugar workers, the Committee understands that minimum wages are fixed by collective bargaining and that these negotiated rates usually apply across the industry to both unionized and non-unionized workers. The Committee requests the Government to specify the minimum wage rates currently applicable to sugar plantation workers and to transmit a copy of the collective labour agreement(s) fixing those rates. Noting the special importance of the sugar industry for the national economy, the Committee would also express its appreciation to the Government for providing statistical information concerning the number of sugar plantation workers and the evolution of the minimum wage rates practised in this sector.

In addition, the Committee notes that under the Wages Councils (Wages Regulations) (Shop Assistants) Order, 1997, lower minimum hourly, daily and weekly rates are fixed for shop assistants under 18 years of age. In this connection, the Committee recalls paragraph 176 of its General Survey of 1992 on minimum wages in which it stated that the reasons that may prompt the adoption of lower minimum wage rates for groups of workers on account of their age should be regularly re-examined in the light of the principle of equal remuneration for work of equal value and also that the quantity and quality of work carried out should be the decisive factor in determining the wage paid. The Committee would, therefore, appreciate receiving additional information on this point including, for instance, any recent studies and surveys addressing these issues and examining the advisability of continuing to pursue a policy of minimum wage differentials on account of workers’ characteristics, such as age.

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 recalls its previous comments in which it requested the Government to keep it informed of any developments as regards the revision of the existing minimum wage rate for domestic workers and the operation of minimum wage fixing in the sugar industry. In its reply, the Government states that there has been no progress in adjusting the minimum wage rate for domestic workers while it makes no reference to a legally binding minimum wage for sugar plantation workers as may be prescribed under section 3(i)(a) of the Sugar Workers (Minimum Wage and Guaranteed Employment) Act (Cap. 359). The Committee is, therefore, bound to recall that minimum wage rates may only serve a meaningful purpose if they are adjusted from time to time to sufficiently take account of changes in the cost of living and other economic conditions. Bearing in mind that the minimum wage rate for domestic employees has not been revised for over 20 years and that the prevailing wage would now appear to be triple the statutory minimum (BDS$1.50 per hour), the Committee urges the Government to take the necessary measures, in consultation with the employers’ and workers’ organizations concerned, to determine new minimum wage levels for domestic employees.

With respect to sugar workers, the Committee understands that minimum wages are fixed by collective bargaining and that these negotiated rates usually apply across the industry to both unionized and non-unionized workers. The Committee requests the Government to specify the minimum wage rates currently applicable to sugar plantation workers and to transmit a copy of the collective labour agreement(s) fixing those rates. Noting the special importance of the sugar industry for the national economy, the Committee would also express its appreciation to the Government for providing statistical information concerning the number of sugar plantation workers and the evolution of the minimum wage rates practised in this sector.

In addition, the Committee notes that under the Wages Councils (Wages Regulations) (Shop Assistants) Order, 1997, lower minimum hourly, daily and weekly rates are fixed for shop assistants under 18 years of age. In this connection, the Committee recalls paragraph 176 of its General Survey of 1992 on minimum wages in which it stated that the reasons that may prompt the adoption of lower minimum wage rates for groups of workers on account of their age should be regularly re-examined in the light of the principle of equal remuneration for work of equal value and also that the quantity and quality of work carried out should be the decisive factor in determining the wage paid. The Committee would, therefore, appreciate receiving additional information on this point including, for instance, any recent studies and surveys addressing these issues and examining the advisability of continuing to pursue a policy of minimum wage differentials on account of workers’ characteristics such as age.

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

The Committee notes the Government’s report. It recalls its previous comments in which it requested the Government to keep it informed of any developments as regards the revision of the existing minimum wage rate for domestic workers and the operation of minimum wage fixing in the sugar industry. In its reply, the Government states that there has been no progress in adjusting the minimum wage rate for domestic workers while it makes no reference to a legally binding minimum wage for sugar plantation workers as may be prescribed under section 3(i)(a) of the Sugar Workers (Minimum Wage and Guaranteed Employment) Act (Cap. 359). The Committee is, therefore, bound to recall that minimum wage rates may only serve a meaningful purpose if they are adjusted from time to time to sufficiently take account of changes in the cost of living and other economic conditions. Bearing in mind that the minimum wage rate for domestic employees has not been revised for over 20 years and that the prevailing wage would now appear to be triple the statutory minimum (BDS$1.50 per hour), the Committee urges the Government to take the necessary measures, in consultation with the employers’ and workers’ organizations concerned, to determine new minimum wage levels for domestic employees.

With respect to sugar workers, the Committee understands that minimum wages are fixed by collective bargaining and that these negotiated rates usually apply across the industry to both unionized and non-unionized workers. The Committee requests the Government to specify the minimum wage rates currently applicable to sugar plantation workers and to transmit a copy of the collective labour agreement(s) fixing those rates. Noting the special importance of the sugar industry for the national economy, the Committee would also express its appreciation to the Government for providing statistical information concerning the number of sugar plantation workers and the evolution of the minimum wage rates practised in this sector.

In addition, the Committee notes that under the Wages Councils (Wages Regulations) (Shop Assistants) Order, 1997, lower minimum hourly, daily and weekly rates are fixed for shop assistants under 18 years of age. In this connection, the Committee recalls paragraph 176 of its General Survey of 1992 on minimum wages in which it stated that the reasons that may prompt the adoption of lower minimum wage rates for groups of workers on account of their age should be regularly re-examined in the light of the principle of equal remuneration for work of equal value and also that the quantity and quality of work carried out should be the decisive factor in determining the wage paid. The Committee would, therefore, appreciate receiving additional information on this point including, for instance, any recent studies and surveys addressing these issues and examining the advisability of continuing to pursue a policy of minimum wage differentials on account of workers’ characteristics such as age.

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

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 information provided in the Government’s report, in reply to its previous request for detailed information concerning the minimum wage fixing machinery in the sugar industry and in domestic employment, in particular with regard to consultation with the representatives of the employers and workers concerned and the manner in which they are associated in the operation of the minimum wage fixing in these sectors of activity. The Committee requests the Government to continue to provide information on the development of the minimum wage fixing in the sugar industry. It also asks the Government to indicate any progress made in the establishment of a consultative body or mechanism to assist the minister in fixing a minimum wage rate applicable to domestic workers.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report, in reply to its previous request for detailed information concerning the minimum wage-fixing machinery in the sugar industry and in domestic employment, in particular with regard to consultation with the representatives of the employers and workers concerned and the manner in which they are associated in the operation of the minimum wage fixing in these sectors of activity. The Committee requests the Government to continue to provide information on the development of the minimum wage fixing in the sugar industry. It also asks the Government to indicate any progress made in the establishment of a consultative body or mechanism to assist the minister in fixing a minimum wage rate applicable to domestic workers.

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

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 following matters raised in its previous direct request:

The Committee notes that minimum wages in shops are established through tripartite wages councils under the Wages Council Act. The Government, however, gives no information on the wage-fixing machinery applied when establishing minimum wages in the sugar industry and in domestic employment.

The Committee requests the Government to supply details of the minimum wage fixing machinery employed in these trades, particularly of the compulsory consultations with representatives of the employers and workers concerned, and of the manner in which they are associated in the operation of the machinery (Article 3, paragraph 2, of the Convention).

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

The Committee notes from the Government's report that minimum wages in shops are established through tripartite wages councils under the Wages Council Act. The Government, however, gives no information on the wage-fixing machinery applied when establishing minimum wages in the sugar industry and in domestic employment.

The Committee requests the Government to supply details of the minimum wage fixing machinery employed in these trades, particularly of the compulsory consultations with representatives of the employers and workers concerned, and of the manner in which they are associated in the operation of the machinery (Article 3, paragraph 2, of the Convention).