Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 95) sur la protection du salaire, 1949 - Montserrat

Articles 4 and 10 of the Convention. Partial payment of wages in kind – attachment and assignment of wages. The Committee has been drawing the Government’s attention for a considerable number of years to sections 11 and 13 of the Protection of Wages Act (Cap. 15:03) which do not give full effect to the requirements of the Convention concerning the partial payment of wages in kind and the attachment of wages. In the absence of new information on this point, the Committee is obliged to recall once again that Article 4 of the Convention does not permit the parties to an employment relationship to provide for the partial payment of wages in kind by individual agreement. In addition, Article 10 of the Convention requires, first, that the attachment of wages take place only in a manner and within limits prescribed by national laws or regulations, and second, that attachment should be kept within such limits as may be necessary for the maintenance of the worker and his/her family. The Committee understands that a draft Labour Code is currently under preparation which contains in Part IV provisions relating to the protection of wages. Some of these provisions are new and mark an improvement, for instance, section 46 which sets out an outright prohibition of wage deductions in the form of fines, whereas others merely reproduce the provisions of the Protection of Wages Act, such as section 43 on allowances in kind. However, section 11 of the Protection of Wages Act on which the Committee has been commenting for some time is not included in the draft Labour Code. The Committee firmly hopes that in the ongoing process of elaboration of the new Labour Code, the Government will take the necessary measures to bring the national legislation into full conformity with the requirements of Articles 4 and 10 of the Convention. The Committee also requests the Government to keep the Office informed of any progress made in this regard and to transmit a copy of the new Labour Code once it has been adopted.