Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Isle of Man

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

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)

Articles 1 and 2 of the Convention. Agricultural minimum wage – Partial payment of wages in kind. The Committee notes the Agricultural Wages Board Order 2011 fixing the minimum rates of wages for full-time agricultural workers as from January 2012 and introducing a new category, i.e. “basic grade workers”, in addition to the “ordinary grade workers” and the “special grade workers”. It also notes the Agricultural Wages Regulations 2010 which set the maximum amounts of money that may be deducted from wages in the case of supply of a dwelling for the exclusive occupation of a worker and expressly provide that under no circumstances may such deductions in respect of accommodation result in the wages paid being below the minimum pay rates established under the Minimum Wages Act. In this connection, the Committee also notes the Government’s indication that the Agricultural Wages Board has ceased setting maximum deductions from pay in respect of board and lodging provided by an employer, as previously provided for within the Agricultural Wages Board Order. The Committee requests the Government to continue to supply information on any further developments on these matters.

Article 3(4). Differentiated minimum wages based on age. Further to its previous comments with regard to the practice of setting lower pay rates for young agricultural workers below 19 years of age, the Committee notes the Government’s statement that the Agricultural Wages Board will examine this question in more detail at its next round of deliberations. The Government further indicates that the Board has endeavoured to be pragmatic in setting a minimum rate of pay for the security of younger workers, cognisant of the nature of the industry, in order to satisfy the need to provide adequate remuneration to younger workers, without pricing them out of the market. Finally, the Government observes that no comment has been received from stakeholders in regard to “age-related” rates during consultations on proposed changes to these rates. The Committee requests the Government to keep the Office informed of the eventual decision of the Agricultural Wages Board on this point and to transmit a copy of any report detailing the reasons for such decision.

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

The Committee notes the information provided by the Government in its report, in particular the adoption of the Employment Act 2006 which partially amends the Minimum Wage Act with respect to enforcement in cases of sub-minimum pay.

Article 2 of the Convention. Partial payment of wages in kind. The Committee notes the information provided by the Government on the maximum amounts to be deducted from agricultural workers’ wages for board and lodging and the cash equivalent of accommodation, as fixed by the Agricultural Wages Board Order 2006 and the Agricultural Wages Board Regulations 2006. The Committee would be grateful if the Government would continue to supply relevant information on the valuation of allowances in kind for agricultural workers.

Article 3(4). The binding force of minimum wages. The Committee notes the Government’s explanations concerning the minimum wage rate historically defined by the Agricultural Wages Board for young workers above 15 years of age but under 16. According to the Government, the differential reflects the fact that younger workers tend to be low skilled and require more supervision which impacts on the quantity or quality of the work performed. The Government adds that these rates are reviewed each year by the Board and are circulated for public consultation prior to their approval. The Committee is concerned that a system of lower pay rates for young workers may be based on the inflexible assumption that these workers will under no circumstances perform work which is quantitatively and qualitatively equivalent to that of adult workers and, in this sense, it might be discriminatory in certain cases. The Committee accordingly requests the Government to provide additional information on this point including any views that may have been expressed by the social partners within the framework of the Agricultural Wages Board.

Article 4(1). Publicity of the minimum wage rates. The Committee notes the Government’s statement that notices of revised Agricultural Wages Board Orders and Regulations are publicized through advertisements in the local press, the Manx National Farmers’ Union, publications of the Department of Agriculture, Fisheries and Forestry, and mail to interested employers and workers.

Article 5 and Part V of the report form. The Committee notes the information provided by the Government including the current minimum wage rates for agricultural workers and the number of regular and casual agricultural workers covered by the relevant legislation. The Committee would appreciate if the Government would continue providing up to date and documented information on the practical application of the Convention.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 99 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

The Committee notes with interest the information supplied by the Government in its report, in particular the adoption of the Minimum Wage Act, 2001 and the consequential amendment of the Agricultural Wages Act, 1952. Under the new legislation, the composition and powers of the Agricultural Wages Board remain unaltered and wage rates set by the Board are deemed to be the minimum wage for agricultural workers provided that they are not lower than rates prescribed under the Minimum Wage Regulations 2001.

Article 2 of the Convention. The Committee notes the information concerning the amounts which may be deducted for board and lodging and casual meals supplied to agricultural workers under the Agricultural Wages Regulations 2001 and the Agricultural Wages Board Order 2001, both effective from 1 November 2001. The Committee requests the Government to continue to provide relevant information regarding the conditions under which minimum wages may be paid partially in the form of benefits in kind as well as the measures to ensure the fair and reasonable valuation of those benefits.

Article 3, paragraphs 4 and 5. The Committee notes that existing legislation continues to provide for lower minimum rates of pay for young workers under 19 years of age. In this connection, the Committee wishes to refer to paragraph 176 of its General Survey of 1992 on minimum wages in which it concluded 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 remuneration levels should be determined on the basis of objective factors such as the quantity and quality of work performed. 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 pursuing a policy of minimum wage differentials on account of workers’ characteristics such as age.

Article 4, paragraph 1. The Committee notes that both under section 44(1) of the Minimum Wage Act 2001 and paragraph 4 of the second schedule of the Agricultural Wages Act 1952, orders and regulations in relation to minimum wages should be published by such means as appear to the issuing authority to be the most appropriate for informing the persons concerned. The Committee would be grateful if the Government could specify the measures to ensure that publicity is given to minimum wage rates, for example, through the publication of minimum wage rates in publications other than the official compilation of laws, the posting of notices in places where wages are paid or at the workplace, or by other means.

Article 5 and Part V of the report form. The Committee notes the minimum wage rates established by the Agricultural Wages Board Order 2001, effective from 1 November 2001, for full-time agricultural workers, regular part-time workers, casual workers, pre-college students and trainees. The Committee requests the Government to continue to supply up-to-date information on the application of the Convention in practice, including: (i) the evolution of the minimum wage rates; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the enforcement of minimum wage laws and regulations.

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

The Committee notes the detailed information provided in the Government's report. It requests the Government to continue to provide, in accordance with Article 5 of the Convention and point V of the report form, general information on the practical application of the Convention in the agricultural sector, including: (i) the minimum wage rates in force; (ii) the available data on the number and various categories of workers covered by minimum wage provisions; and (iii) the results of the inspections carried out (e.g. the number of the violations reported concerning minimum wage provisions, the penalties imposed, etc.).