Protection of Wages Convention, 1949 (No. 95) - Saint Lucia (Ratification: 1980)

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 2012, published 102nd ILC session (2013)

Article 4(1) of the Convention. Partial payment of wages in kind. The Committee notes with interest that under section 56(1)(c) of the Labour Act 2006, which entered into force in August 2012, the partial payment of wages in the form of intoxicating liquor, tobacco, cigarettes, noxious drugs or substances and weapons is now expressly prohibited – a point on which the Committee has been commenting for a number of years with reference to section 2 of the Wages Ordinance (Amendment) Act, No. 13 of 1975.

Article 8(1). Authorized deductions from wages. The Committee notes that whereas under section 17 of the Protection of Wages Ordinance No. 23 of 1965, a reasonable deduction from a worker’s wages could be authorized in writing by the Labour Commissioner in respect of injury or loss occasioned by the wilful misconduct or negligence of the worker, section 51 of the new Labour Act 2006 permits subject to the prior approval of the Labour Commissioner deductions by way of fine for bad or negligent work, and for damage to the materials or other property of the employer. The Committee observes that injury or loss does not need any longer to be occasioned by the worker’s wilful misconduct or negligence to possibly give rise to a wage deduction, and also that deductions in the form of fines are now permissible. The Committee recalls, in this connection, that under paragraph 2 of the Protection of Wages Recommendation, 1949 (No. 85), deductions from wages for the reimbursement of loss or damage to the products, goods or installations of the employer should be authorized only on condition that the worker concerned could be clearly shown to be responsible for the loss or damage caused. It also recalls that, as explained in paragraphs 241–245 of the 2003 General Survey on the protection of wages, deductions in the form of fines are not explicitly provided for in either the Convention or the Recommendation as the text originally proposed on disciplinary fines faced considerable criticism during the discussions that led to the adoption of the two instruments and was finally deleted. The Committee accordingly requests the Government to provide additional explanations in this respect.

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

The Committee understands that the new Labour Code was adopted by Parliament in November 2006 and asks the Government to indicate whether it has come into force. The Committee also understands that the new Code was the subject of intense political debate during the legislative elections in December 2006 and that the newly elected Government announced its intention of revising this law. The Government is requested to supply a copy of the final version of the Labour Code and to keep it informed of any revision process that occurs.

In addition, the Committee notes the Government’s reference to wage deductions authorized by the Labour Commissioner in writing in respect of injury or loss occasioned by the wilful misconduct or negligence of the worker, as provided for in section 17 of the Protection of Wages Ordinance, No. 23 of 1965. In this connection, the Committee draws the Government’s attention to Paragraph 2(3) of the Protection of Wages Recommendation, 1949 (No. 85), which provides that before a decision to make a wage deduction for the reimbursement of loss or damage is taken, the worker concerned should be given a reasonable opportunity to show cause why the deduction should not be made. The Committee therefore requests the Government to clarify how procedural fairness is guaranteed in the case of wage deductions authorized for loss or damage, and to indicate any relevant legal provision in this respect.

Part V of the report form. The Committee notes the information provided by the Government concerning the difficulties encountered by the Labour Department in recovering employees’ wages, upon termination of employment, within the seven-day period provided for in section 10(3) of the Protection of Wages Ordinance, No. 23 of 1965. It would appreciate if the Government would make an effort to collect and forward up to date and documented information on the practical application of the Convention, including, for instance, statistical information on the size of the workforce, copies of applicable collective agreements, extracts from labour inspection reports showing the number of wage-related infringements found and sanctions imposed, etc.

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

Article 4, paragraph 1, of the Convention. Further to its previous comments, the Committee notes with interest the Government’s statement that the prohibition of the partial payment of wages in the form of intoxicating liquor or noxious drugs has now been incorporated in the text of the draft Labour Code. The Committee understands that the new Labour Code is in its final stage of preparation and should be adopted by the House of Parliament very shortly. The Committee requests the Government to keep it informed of any progress made in this regard and to transmit the text of the new legislation as soon as it is enacted.

Part V of the report form. The Committee notes the Government’s indication that difficulties are occasionally encountered in the practical application of the Convention, especially with respect to payment of wages upon termination in cases where employers hold employees accountable for alleged theft of goods or shortages. The Government adds that courts have given a few decisions on questions of principle relating to the provisions of the Convention. The Committee therefore requests the Government to communicate in its next report detailed information on the effect given to the Convention in practice, including for instance extracts from official reports, statistics on enforcement measures to prevent and punish violations of the wage protection legislation, copies of relevant judicial decisions, as well as any other particulars which would enable the Committee to better evaluate the effectiveness of government action in securing compliance with the standards set out in the Convention.

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

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 reads as follows:

Article 4(1) of the Convention.  In previous comments, the Committee referred to section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975, under which "nothing in this Act shall render illegal any agreement or contract with a worker for the partial payment of his wages [...] in the form of intoxicating liquor or noxious drugs". It noted the statement made by the Government concerning the measures taken to amend this provision.

The Committee noted from the Government’s earlier report that in practice wages were not paid in the form of liquor or drugs. It noted, however, that no information had been supplied on the amendment of section 2 mentioned above to meet the requirements of Article 4(1) of the Convention which prohibits in any circumstances the payment of wages in the form of liquor of high alcoholic content or of noxious drugs.

The Committee hopes that the Government will soon be in a position to indicate that the necessary amendments have been made to bring the legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 following matters raised in its previous direct request:

Article 4, paragraph 1, of the Convention. In previous comments, the Committee referred to section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975, under which "nothing in this Act shall render illegal any agreement or contract with a worker for the partial payment of his wages [...] in the form of intoxicating liquor or noxious drugs". It noted the statement made by the Government concerning the measures taken to amend this provision.

The Committee noted from the Government's earlier report that in practice wages were not paid in the form of liquor or drugs. It noted, however, that no information had been supplied on the amendment of section 2 mentioned above to meet the requirements of Article 4, paragraph 1, of the Convention which prohibits in any circumstances the payment of wages in the form of liquor of high alcoholic content or of noxious drugs.

The Committee hopes that the Government will soon be in a position to indicate that the necessary amendments have been made to bring the legislation into conformity with the Convention.

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

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 following matters raised in its previous direct request:

Article 4, paragraph 1, of the Convention. In previous comments, the Committee referred to section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975, under which "nothing in this Act shall render illegal any agreement or contract with a worker for the partial payment of his wages (...) in the form of intoxicating liquor or noxious drugs". It noted the statement made by the Government concerning the measures taken to amend this provision.

The Committee noted from the Government's earlier report that in practice wages were not paid in the form of liquor or drugs. It noted, however, that no information had been supplied on the amendment of section 2 mentioned above to meet the requirements of Article 4, paragraph 1, of the Convention which prohibits in any circumstances the payment of wages in the form of liquor of high alcoholic content or of noxious drugs.

The Committee hopes that the Government will soon be in a position to indicate that the necessary amendments have been made to bring the legislation into conformity with the Convention.

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

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 following matters raised in its previous direct request:

Article 4, paragraph 1, of the Convention. In previous comments, the Committee referred to section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975, under which "nothing in this Act shall render illegal any agreement or contract with a worker for the partial payment of his wages (...) in the form of intoxicating liquor or noxious drugs". It noted the statement made by the Government concerning the measures taken to amend this provision.

The Committee noted from the Government's earlier report that in practice wages were not paid in the form of liquor or drugs. It noted, however, that no information had been supplied on the amendment of section 2 mentioned above to meet the requirements of Article 4, paragraph 1, of the Convention which prohibits in any circumstances the payment of wages in the form of liquor of high alcoholic content or of noxious drugs.

The Committee hopes that the Government will soon be in a position to indicate that the necessary amendments have been made to bring the legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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 following matters raised in its previous direct request:

Article 4, paragraph 1, of the Convention. In previous comments, the Committee referred to section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975, under which "nothing in this Act shall render illegal any agreement or contract with a worker for the partial payment of his wages (...) in the form of intoxicating liquor or noxious drugs". It noted the statement made by the Government concerning the measures taken to amend this provision.

The Committee noted from the Government's earlier report that in practice wages were not paid in the form of liquor or drugs. It noted, however, that no information had been supplied on the amendment of section 2 mentioned above to meet the requirements of Article 4, paragraph 1, of the Convention which prohibits in any circumstances the payment of wages in the form of liquor of high alcoholic content or of noxious drugs.

The Committee hopes that the Government will soon be in a position to indicate that the necessary amendments have been made to bring the legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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 following matters raised in its previous direct request:

Article 4, paragraph 1, of the Convention. In previous comments, the Committee referred to section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975, under which "nothing in this Act shall render illegal any agreement or contract with a worker for the partial payment of his wages (...) in the form of intoxicating liquor or noxious drugs". It noted the statement made by the Government concerning the measures taken to amend this provision.

The Committee noted from the Government's earlier report that in practice wages were not paid in the form of liquor or drugs. It noted, however, that no information had been supplied on the amendment of section 2 mentioned above to meet the requirements of Article 4, paragraph 1, of the Convention which prohibits in any circumstances the payment of wages in the form of liquor of high alcoholic content or of noxious drugs.

The Committee hopes that the Government will soon be in a position to indicate that the necessary amendments have been made to bring the legislation into conformity with the Convention.

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

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 following matters raised in its previous direct request:

Article 4, paragraph 1, of the Convention. In previous comments, the Committee referred to section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975, under which "nothing in this Act shall render illegal any agreement or contract with a worker for the partial payment of his wages (...) in the form of intoxicating liquor or noxious drugs". It noted the statement made by the Government concerning the measures taken to amend this provision.

The Committee noted from the Government's earlier report that in practice wages were not paid in the form of liquor or drugs. It noted, however, that no information had been supplied on the amendment of section 2 mentioned above to meet the requirements of Article 4, paragraph 1, of the Convention which prohibits in any circumstances the payment of wages in the form of liquor of high alcoholic content or of noxious drugs.

The Committee hopes that the Government will soon be in a position to indicate that the necessary amendments have been made to bring the legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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 following matters raised in its previous direct request:

Article 4, paragraph 1, of the Convention. In previous comments, the Committee referred to section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975, under which "nothing in this Act shall render illegal any agreement or contract with a worker for the partial payment of his wages (...) in the form of intoxicating liquor or noxious drugs". It noted the statement made by the Government concerning the measures taken to amend this provision.

The Committee noted from the Government's earlier report that in practice wages were not paid in the form of liquor or drugs. It noted, however, that no information had been supplied on the amendment of section 2 mentioned above to meet the requirements of Article 4, paragraph 1, of the Convention which prohibits in any circumstances the payment of wages in the form of liquor of high alcoholic content or of noxious drugs.

The Committee hopes that the Government will soon be in a position to indicate that the necessary amendments have been made to bring the legislation into conformity with the Convention.

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

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:

Article 4, paragraph 1, of the Convention. In previous comments, the Committee referred to section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975, under which "nothing in this Act shall render illegal any agreement or contract with a worker for the partial payment of his wages (...) in the form of intoxicating liquor or noxious drugs". It noted the statement made by the Government concerning the measures taken to amend this provision.

The Committee noted from the Government's earlier report that in practice wages were not paid in the form of liquor or drugs. It noted, however, that no information had been supplied on the amendment of section 2 mentioned above to meet the requirements of Article 4, paragraph 1, of the Convention which prohibits in any circumstances the payment of wages in the form of liquor of high alcoholic content or of noxious drugs.

The Committee hopes that the Government will soon be in a position to indicate that the necessary amendments have been made to bring the legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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

Article 4, paragraph 1, of the Convention. In previous comments, the Committee referred to section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975, under which "nothing in this Act shall render illegal any agreement or contract with a worker for the partial payment of his wages (...) in the form of intoxicating liquor or noxious drugs". It noted the statement made by the Government concerning the measures taken to amend this provision.

The Committee notes from the Government's report that in practice wages are not paid in the form of liquor or drugs. It notes, however, that no information is supplied on the amendment of section 2 mentioned above to meet the requirements of Article 4, paragraph 1, of the Convention which prohibits in any circumstances the payment of wages in the form of liquor of high alcoholic content or of noxious drugs.

The Committee hopes that the Government will soon be in a position to indicate that the necessary amendments have been made to bring the legislation into conformity with the Convention.

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

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:

Article 4, paragraph 1, of the Convention. In previous comments, the Committee referred to section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975, under which "nothing in this Act shall render illegal any agreement or contract with a worker for the partial payment of his wages (...) in the form of intoxicating liquor or noxious drugs". It noted the statement made by the Government concerning the measures taken to amend this provision.

The Committee notes from the Government's report that in practice wages are not paid in the form of liquor or drugs. It notes, however, that no information is supplied on the amendment of section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975 to meet the requirements of Article 4, paragraph 1, of the Convention which prohibits in any circumstances the payment of wages in the form of liquor of high alcoholic content or of noxious drugs.

The Committee hopes that the Government will soon be in a position to indicate that the necessary amendments have been made to bring the legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 4, paragraph 1, of the Convention. In previous comments, the Committee referred to section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975, under which "nothing in this Act shall render illegal any agreement or contract with a worker for the partial payment of his wages (...) in the form of intoxicating liquor or noxious drugs". It noted the statement made by the Government concerning the measures taken to amend this provision.

The Committee notes from the Government's report that in practice wages are not paid in the form of liquor or drugs. It notes, however, that no information is supplied on the amendment of section 2 of the Protection of Wages Ordinance (Amendment) Act No. 13 of 1975 to meet the requirements of Article 4, paragraph 1, of the Convention which prohibits in any circumstances the payment of wages in the form of liquor of high alcoholic content or of noxious drugs.

The Committee hopes that the Government will soon be in a position to indicate that the necessary amendments have been made to bring the legislation into conformity with the Convention.