Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Saint Lucia (Ratification: 1980)

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

Article 3 of the Convention. Minimum wage-fixing machinery. In its last comment, the Committee requested the Government to indicate the measures it intended to take in order to: (i) set up or reactivate the Minimum and Equal Wages Commission established under section 69 of the Labour Act 2006; (ii) review minimum wage levels established in existing minimum wage orders, if needed; and (iii) fix minimum wages for trades or occupations not yet regulated. The Committee notes that the Government indicates in its report that: (i) no action has been taken based on the 2011 report of the Minimum Wage Commission which had been nominated in 2009 and dissolved in 2011; in these circumstances, the Government could either accept the recommendations contained in the 2011 report of that Commission or commission a new report; and (ii) provisions have been made for the existence of a permanent post of secretary of a wages Commission, demonstrating recognition of a need for such a Commission. The Committee requests the Government to indicate whether the Minimum and Equal Wages Commission established under the Labour Act 2006 has been nominated and, if so, to provide information on the results of its work. It also requests the Government to provide information on any order issued by the Minister of Labour in respect of minimum wages, pursuant to section 68 of the 2006 Labour Act.

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

Articles 1 to 4 of the Convention. Minimum wage fixing machinery. The Committee notes the Government’s indications that the Minimum Wage Commission, which was established in December 2009 with the express purpose of arriving at a national minimum wage and which presented its report in March 2011, was dissolved after the present administration took office in November 2011. The Government also indicates that to date, there has been no additional work or appointment of a new Commission. Recalling that the Labour Act 2006, which entered into force in August 2012, provides for the establishment of a tripartite Minimum and Equal Wages Commission to advise and make recommendations on all matters relating to the fixing of a minimum wage, and also recalling that minimum wage orders for certain trades or occupations have not been reviewed and adjusted for a considerable number of years, the Committee requests the Government to indicate the measures it intends to take in order to: (i) set up or reactivate the consultative Minimum and Equal Wages Commission; (ii) review minimum wage levels established in existing minimum wage orders, if needed; and (iii) fix minimum wages for trades or occupations not yet regulated. The Committee also requests the Government to clarify whether it is still considering the establishment of a generally applicable national minimum wage, and if so, to keep the Office informed of any progress made in this regard.

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

The Committee notes the succinct information provided by the Government in reply to its previous comment.

Article 3(2) of the Convention. Equitable participation of employers’ and workers’ representatives in the minimum wage fixing machinery. The Committee recalls that section 5(3) of the Minimum Wage Act No. 27 of 1999 raises some difficulty in so far as it provides for the appointment of three members representative of non-unionized workers and consequently may compromise the equitable representation of employers’ and workers’ interests in the minimum wage fixing process. The Committee therefore again requests the Government to clarify how it ensured both in law and practice that the employers and workers concerned are associated in the operation of the machinery for the determination of minimum wage rates in equal numbers and on equal terms, as required by this Article of the Convention. The Committee would also appreciate receiving additional information, including copies of any relevant studies or activity reports, on the functioning of the Minimum Wage Commission in recent years.

Article 5 and Part V of the report form. The Committee notes the information provided by the Government that the Minimum Wage Order No. 132 of 2006 was adopted setting a minimum wage for construction workers at 55 XCD (approximately US$20) per day. It also notes the Government’s indication that although the Wages Regulations (Clerks) Order No. 14 of 1985 remains technically in effect, it is no longer practical as most employees in reality earn more than the 1985 pay rates. In this connection, the Committee wishes to emphasize that when minimum wage rates are not periodically reviewed and adjusted, they ultimately come to bear no relationship with the real needs of the workers and minimum wage fixing is in fact reduced to a mere formality devoid of any substance. The Committee requests the Government to keep it informed of any further developments concerning the establishment of minimum wage rates for trades or occupations not yet regulated and to transmit copies of any new wage regulation orders as soon as they are adopted. It would also be grateful if the Government would provide up to date information on the practical application of the Convention including, for instance, the approximate number of workers covered by relevant legislation, labour inspection results showing the number of infringements of the minimum wage legislation observed and the sanctions imposed, etc.

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

The Committee notes the information provided by the Government in its report. It notes with interest the adoption of Minimum Wage Act No. 27 of 1999 and requests the Government to provide fuller information on the following points.

Article 3, paragraph 2(2), of the Convention. The Committee notes that under section 5(2)(b)(i) of the above Act the most representative organizations of employers and workers participate in equal numbers in the work of the Minimum Wage Commission. It also notes that the Governor-General shall, under section 5(2)(b)(iv), nominate three other members to the above Commission which, under section 5(3) of the same Act, shall as far as possible be representative of non-unionized workers. Recalling the requirement set forth by this provision of the Convention of the participation of the employers and workers concerned on equal terms and in equal numbers in the operation of minimum wage fixing machinery and in view of the above provisions of the Minimum Wage Act, the Committee requests the Government to indicate the manner in which the national law in force ensures compliance with this principle.

Article 5 and Part V of the report form. In view of section 4 of the Minimum Wage Act, the Committee requests the Government to indicate whether, since its entry into force, orders fixing one or more minimum wages have been adopted and, if so, the trades to which these minimum wages are applicable. The Committee would also be grateful if the Government would provide fuller information on the Minimum Wage Commission, and particularly the opinions that it has issued, in accordance with section 9 of the Minimum Wage Act, so as to be able to ascertain the manner in which it operates in practice. In addition, the Committee would be grateful to receive a copy of all legislative texts establishing minimum wages during the reference period, and clarifications as to the measures adopted or envisaged by the Government for the adjustment of minimum wage rates which, in certain cases (such as office workers, agricultural workers and workers in light industry) have not been adjusted for over 20 years.

The Committee also requests the Government to provide with its next report any information, including statistics, on the application of the Convention in practice. Moreover, it would be grateful if the Government would indicate the number of workers actually covered by the minimum wage regulations and if it would provide extracts of reports of the inspection services concerning compliance with the minimum wage regulations with an indication, among other information, of the number of violations reported and the penalties imposed, in accordance with section 23 of the Minimum Wage Act.