Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Anguilla

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1963)
Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) (Ratification: 1963)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wage) together. The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Further to its previous comments, the Committee notes that the new Labour (Relations) Act of 2018 establishes the minimum wage-fixing machinery and, more particularly, that it provides in section 79 that the Executive Council may at any time appoint a tripartite Minimum Wage Advisory Committee (MWAC) for the fixing of minimum rates of wages. The Committee notes that the Government indicates in its 2019 report that the Minister of Labour, which holds the responsibility for the establishment of the MWAC, is actively seeking to recruit members for this body and has sent out invitations to various organizations to nominate persons to serve on it. The Committee also takes note of the Government’s indication that, recognizing that this has the potential to be a complex undertaking, it has made the decision to engage the services of the Office to assist the MWAC in formulating a minimum wage. The Commission further notes that the Government indicates in the supplementary information provided in 2020 that it had been able to obtain approval from the members proposed to serve on the MWAC and that it had sought technical assistance from the ILO. The Government adds however that, following elections in 2020, the new administration has been reviewing the MWAC membership and was in the process of finalising the Committee. It also indicates that while it was not considered to be a good time to raise the subject of a minimum wage in the context of the COVID-19 pandemic, the Government would continue to do the necessary research to prepare future deliberations on the topic. The Committee requests the Government to provide information on the work of the MWAC, once established, and the results achieved, notably regarding the fixing of minimum wage rates. It also requests the Government to provide information on any collective agreements, which may establish minimum rates of wages in certain sectors or industries.