Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Grenada (Ratification: 1979)

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.

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

Article 3 of the Convention. Differentiated wage rates on the basis of sex. The Committee notes with satisfaction the adoption of the Minimum Wage Order of 2011 which replaces the Minimum Wage Order of 2002 and which removes the differentiated minimum wage rates for male and female workers in agriculture – a point on which the Committee had been commenting for a number of years also under the Equal Remuneration Convention, 1951 (No. 100).

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

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 3(4) and (5) of the Convention. Differentiated wage rates on the basis of sex. The Committee notes the Minimum Wage Order 2002, which establishes minimum pay rates for various categories of workers, including agricultural workers. It notes, however, that in agriculture, contrary to all other sectors of employment, different wage rates are fixed for male and female workers. Even though the Minimum Wage Order expressly provides that where female workers perform the same task as men they should receive the same rate as men, the Committee considers the mere fact that lower rates are determined on account of workers’ sex and not on the basis of objective criteria or differences in the work performed (for example, seniority or grade, specialization, skills, etc.) to be inconsistent with core principles of gender equality and non-discrimination. In this connection, the Committee recalls paragraph 170 of its 1992 General Survey on minimum wages in which it stated that any fixing of minimum wage rates on the basis of sex is discriminatory under the terms of the Equal Remuneration Convention, 1951 (No. 100). It also observed that in the absence of any specific provision on this matter in the ILO minimum wage-fixing Conventions, general principles should apply and particularly those contained in the Preamble of the ILO Constitution which refers to the application of the principle of equal remuneration for work of equal value. Referring also to its previous comments made under Convention No. 100, the Committee asks the Government to take all necessary measures to modify its national law and practice as regards minimum wage fixing in the agricultural sector so as to remove any grounds for sex-based discrimination.

Article 5 and Part V of the report form. Practical application. The Committee would be grateful if the Government would continue to provide up to date information concerning the application of the Convention in practice including, for instance, available statistics on the number of agricultural workers covered by relevant legislation, inspection results showing the number of minimum wage-related offences and the sanctions imposed, any indication as to whether current minimum wage levels provide a decent standard of living for agricultural workers, etc.

In addition, the Committee refers to the comments made under the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).

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

Article 3, paragraphs 4 and 5, of the Convention. Differentiated wage rates on the basis of sex. The Committee notes the Minimum Wage Order 2002, which establishes minimum pay rates for various categories of workers, including agricultural workers. It notes, however, that in agriculture, contrary to all other sectors of employment, different wage rates are fixed for male and female workers. Even though the Minimum Wage Order expressly provides that where female workers perform the same task as men they should receive the same rate as men, the Committee considers the mere fact that lower rates are determined on account of workers’ sex and not on the basis of objective criteria or differences in the work performed (for example, seniority or grade, specialization, skills, etc.) to be inconsistent with core principles of gender equality and non-discrimination. In this connection, the Committee recalls paragraph 170 of its 1992 General Survey on minimum wages in which it stated that any fixing of minimum wage rates on the basis of sex is discriminatory under the terms of the Equal Remuneration Convention, 1951 (No. 100). It also observed that in the absence of any specific provision on this matter in the ILO minimum wage-fixing Conventions, general principles should apply and particularly those contained in the Preamble of the ILO Constitution which refers to the application of the principle of equal remuneration for work of equal value. Referring also to its previous comments made under Convention No. 100, the Committee asks the Government to take all necessary measures to modify its national law and practice as regards minimum wage fixing in the agricultural sector so as to remove any grounds for sex-based discrimination.

Article 5 and Part V of the report form. The Committee would be grateful if the Government would continue to provide up to date information concerning the application of the Convention in practice including, for instance, available statistics on the number of agricultural workers covered by relevant legislation, inspection results showing the number of minimum wage-related offences and the sanctions imposed, any indication as to whether current minimum wage levels provide a decent standard of living for agricultural workers, etc.

In addition, the Committee refers to the comments made under the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1, paragraph 1, of the Convention. The Committee notes that, according to the Government’s report, the Labour Code has provisions for minimum wage orders in agriculture and other sectors. The Committee understands that the Government is referring to the Employment Act No. 14 of 1999. It notes that, under section 51 of the Act, wages advisory committees are to be established in the agricultural sector where no arrangements exist for the effective regulation of wages. According to the same provision, the wages advisory committees are to investigate conditions of employment in the agricultural sector and make recommendations as to the minimum rate of wages which should be payable. The Committee also notes that, in accordance with the procedure laid down in section 52 of the Act, minimum wage orders for the agricultural sector are to be adopted. The Committee understands that the wages advisory committees have been set up and have adopted orders to adjust minimum wages with effect from 1 September 2002. The Committee requests the Government to confirm whether this assertion is so and to send a copy of the abovementioned orders.

Article 3. The Committee notes that according to the Government the minimum wage orders have been updated and the new wage rates took effect on 1 September 2002. The Committee asks the Government to indicate whether the employers’ and workers’ organizations have been fully involved in the revision process and whether the latter was carried out in the wages advisory committee pursuant to section 51(3) of the Employment Act, in accordance with the Convention.

Article 4, paragraph 2, in conjunction with Part V of the report form. The Committee notes the inspection system set up by the second part of the Employment Act. It requests the Government to specify the measures most appropriate to conditions in agriculture that have been applied for supervision, inspection and the imposition of penalties, in accordance with this provision of the Convention.

Article 5. The Committee requests the Government to give, in its next report, particulars of the arrangements for applying minimum wage fixing procedures in agriculture regarding, inter alia, the occupations and approximate numbers of workers subject to such regulation, the rates of minimum wages set and all other important minimum wage-related measures.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes the Government’s report. It also notes the adoption of the Employment Act, No. 14, 1999.

Article 1, paragraph 1, of the Convention. The Committee notes that, according to the Government’s report, the Labour Code has provisions for minimum wage orders in agriculture and other sectors. The Committee understands that the Government is referring to the Employment Act No. 14 of 1999. It notes that, under section 51 of the Act, wages advisory committees are to be established in the agricultural sector where no arrangements exist for the effective regulation of wages. According to the same provision, the wages advisory committees are to investigate conditions of employment in the agricultural sector and make recommendations as to the minimum rate of wages which should be payable. The Committee also notes that, in accordance with the procedure laid down in section 52 of the Act, minimum wage orders for the agricultural sector are to be adopted. The Committee understands that the wages advisory committees have been set up and have adopted orders to adjust minimum wages with effect from 1 September 2002. The Committee requests the Government to confirm whether this assertion is so and to send a copy of the abovementioned orders.

Article 3. The Committee notes that according to the Government the minimum wage orders have been updated and the new wage rates took effect on 1 September 2002. The Committee asks the Government to indicate whether the employers’ and workers’ organizations have been fully involved in the revision process and whether the latter was carried out in the wages advisory committee pursuant to section 51(3) of the Employment Act, in accordance with the Convention.

Article 4, paragraph 2, in conjunction with Part V of the report form. The Committee notes the inspection system set up by the second part of the Employment Act. It requests the Government to specify the measures most appropriate to conditions in agriculture that have been applied for supervision, inspection and the imposition of penalties, in accordance with this provision of the Convention.

Article 5. The Committee requests the Government to give, in its next report, particulars of the arrangements for applying minimum wage fixing procedures in agriculture regarding, inter alia, the occupations and approximate numbers of workers subject to such regulation, the rates of minimum wages set and all other important minimum wage-related measures.

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

The Committee notes with regret that despite its repeated requests, no report has been supplied by the Government in the last seven years. 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 comment, which read as follows:

        The Committee notes that the text of the draft revision of the labour legislation - which includes provisions on the protection and regulation of wages - has been sent to the Office for comments. The Committee hopes that the revised labour legislation will come into effect in the near future and that the new provisions on fixing of minimum wage rates will apply to agriculture. Please provide a copy of the text as soon as it has been adopted.

        Moreover, the Committee notes with regret that the Government has provided no information on how the Convention is applied in practice. It trusts that the Government will provide the relevant information, including extracts of inspection reports, copies of certain collective agreements containing wage rates, and statistics of the number of workers covered by the collective agreements.

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:

The Committee notes that the text of the draft revision of the labour legislation - which includes provisions on the protection and regulation of wages - has been sent to the Office for comments. The Committee hopes that the revised labour legislation will come into effect in the near future and that the new provisions on fixing of minimum wage rates will apply to agriculture. Please provide a copy of the text as soon as it has been adopted.

Moreover, the Committee notes with regret that the Government has provided no information on how the Convention is applied in practice. It trusts that the Government will provide the relevant information, including extracts of inspection reports, copies of certain collective agreements containing wage rates, and statistics of the number of workers covered by the collective agreements.

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 matters raised in its previous direct request, which read as follows:

The Committee notes that the text of the draft revision of the labour legislation -- which includes provisions on the protection and regulation of wages -- has been sent to the Office for comments. The Committee hopes that the revised labour legislation will come into effect in the near future and that the new provisions on fixing of minimum wage rates will apply to agriculture. Please provide a copy of the text as soon as it has been adopted.

Moreover, the Committee notes with regret that the Government has provided no information on how the Convention is applied in practice. It trusts that the Government will provide the relevant information, including extracts of inspection reports, copies of certain collective agreements containing wage rates, and statistics of the number of workers covered by the collective agreements.

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:

The Committee notes that the text of the draft revision of the labour legislation -- which includes provisions on the protection and regulation of wages -- has been sent to the Office for comments. The Committee hopes that the revised labour legislation will come into effect in the near future and that the new provisions on fixing of minimum wage rates will apply to agriculture. Please provide a copy of the text as soon as it has been adopted.

Moreover, the Committee notes with regret that the Government has provided no information on how the Convention is applied in practice. It trusts that the Government will provide the relevant information, including extracts of inspection reports, copies of certain collective agreements containing wage rates, and statistics of the number of workers covered by the collective agreements.

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 the text of the draft revision of the labour legislation -- which includes provisions on the protection and regulation of wages -- has been sent to the Office for comments. The Committee hopes that the revised labour legislation will come into effect in the near future and that the new provisions on fixing of minimum wage rates will apply to agriculture. Please provide a copy of the text as soon as it has been adopted.

Moreover, the Committee notes with regret that the Government has provided no information on how the Convention is applied in practice. It trusts that the Government will provide the relevant information, including extracts of inspection reports, copies of certain collective agreements containing wage rates, and statistics of the number of workers covered by the collective agreements.

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

The Committee notes the information supplied by the Government in reply to its previous comments.

The Committee notes that the text of the draft revision of the labour legislation - which includes provisions on the protection and regulation of wages - has been sent to the Office for comments. The Committee hopes that the revised labour legislation will come into effect in the near future and that the new provisions on fixing of minimum wage rates will apply to agriculture. Please provide a copy of the text as soon as it has been adopted.

Moreover, the Committee notes with regret that the Government has provided no information on how the Convention is applied in practice. It trusts that the Government will provide the relevant information, including extracts of inspection reports, copies of certain collective agreements containing wage rates, and statistics of the number of workers covered by the collective agreements.

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

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 noted the Government's statement that the Minimum Wage Order adopted in 1968 was no longer observed, and that in practice minimum wage-fixing in agriculture was done periodically through agreement reached between the Ministry of Agriculture, Grenada Farms' Corporation and the Grenada Bank and General Workers' Union. It noted that the Government envisaged that the draft Labour Code would codify this practice when enacted. The Committee hopes that the Government will be able to indicate in the near future that the draft Labour Code has been adopted and requests the Government to send a copy of the text adopted.

The Committee hopes that the Government will not fail to communicate with its next report information on the way in which the Convention is applied in practice (including extracts from inspection reports, copies of certain collective agreements containing wages rates, and statistics on the number of workers covered).

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

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

The Committee noted the Government's statement that the Minimum Wage Order adopted in 1968 was no longer observed, and that in practice minimum wage-fixing in agriculture was done periodically through agreement reached between the Ministry of Agriculture, Grenada Farms' Corporation and the Grenada Bank and General Workers' Union. It noted that the Government envisaged that the draft Labour Code would codify this practice when enacted. The Committee hopes that the Government will be able to indicate in the near future that the draft Labour Code has been adopted and requests the Government to send a copy of the text adopted.

The Committee hopes that the Government will not fail to communicate with its next report information on the way in which the Convention is applied in practice (including extracts from inspection reports, copies of certain collective agreements containing wages rates, and statistics on the number of workers covered).

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

With reference to its previous comments, the Committee notes the Government's statement that the Minimum Wage Order adopted in 1968 is no longer observed, and that in practice minimum wage-fixing in agriculture is done periodically through agreement reached between the Ministry of Agriculture, Grenada Farms' Corporation and the Grenada Bank and General Workers' Union. It notes that the Government envisages that the draft Labour Code will codify this practice when enacted. The Committee hopes that the Government will be able to indicate in the near future that the draft Labour Code has been adopted and requests the Government to send a copy of the text adopted.

The Committee hopes that the Government will not fail to communicate with its next report information on the way in which the Convention is applied in practice (including extracts from inspection reports, copies of certain collective agreements containing wages rates, and statistics on the number of workers covered).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In one of its earlier reports, the Government stated that there was no existing minimum wage-fixing machinery but that, in the agricultural sector, the minimum wages prescribed under the terms of the 1968 law on agriculture (Agricultural Amenities Act, 1968) was still in force. The Government had added that wage rates had been readjusted by means of collective agreements. The Committee had noted these statements and requested the Government to indicate whether all agricultural workers were covered in this respect by collective agreements.

The Committee notes that, for the second time in succession, the Government has not submitted a report. It hopes that the Government will not fail to communicate a report to be examined at its next session and that this report will contain complete information on the above question, as well as information on the way in which the Convention is applied in practice (including extracts from inspection reports, copies of certain collective agreements containing wage rates, and statistics on the number of workers covered).