Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes that the Government’s report essentially reproduces information already communicated in the first detailed report and replies only partially to its previous comment. It therefore requests the Government to transmit in its next report detailed information on the following points.

Article 2 of the Convention. The Committee notes that under section 2 of the Wages Councils Act No. 1 of 1953 (Cap. 155), as last amended by Act No. 20 of 1987, the term "worker" is defined as any person who has entered into, or works under, a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, be expressed or implied, oral or in writing and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour, except persons employed casually and otherwise than for the purposes of the employer’s business. The Committee requests the Government to provide additional information on the application of the Convention with respect to casual workers.

Article 3. The Committee notes that under sections 2 and 3 of the Employers and Servants Act No. 16 of 1937 (Cap. 145), as last amended by Act No. 23 of 1988, the wages of a "labourer" (i.e. person employed by the day at a fixed wage in money) must be paid in money and not otherwise, whereas "money" is defined as coin of the realm or other legal currency of Saint Vincent and the Grenadines. The Committee requests the Government to indicate the legislative or other provisions prescribing the payment of wages only in legal tender for workers other than labourers.

Article 4. The Committee notes that under section 13(2) of the Wages Councils Act, wages regulation proposals and wages regulation orders may contain provisions authorizing specified benefits or advantages to be reckoned as payment of wages by the employer in lieu of payment in cash - at the exclusion of benefits or advantages the provision of which is illegal by virtue of any written law - and defining the value at which such benefits or advantages are to be reckoned. While noting the Government’s renewed statement that wage payment in kind is not the practice, the Committee requests the Government to specify whether the payment of wages in the form of alcoholic drinks or noxious drugs is expressly prohibited in law and also to indicate how it is ensured in practice that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that they are fairly valued.

Article 6. The Committee recalls that under this Article of the Convention, an express legislative provision is required prohibiting the employers from limiting in any manner the freedom of the workers to dispose of their wages. The Committee asks the Government to indicate the measures taken or contemplated to give full effect to the requirements of the Convention in this regard.

Article 7. The Committee notes the Government’s indication that the records of the Labour Inspectorate show that works stores or services operated by the employer are non-existent. The Committee recalls, however, that in case such stores were to be established, the Government should take all necessary measures with the view to ensuring that: (i) workers are free from any coercion to make use of such stores; (ii) goods are sold and services are provided at fair and reasonable prices; and (iii) stores are established not for securing profit but for the benefit of the workers.

Article 8. The Committee notes that according to section 3 of the Employers and Servants Act, the wages of a labourer may not be subject to any deductions except for money advances on account of such wages, while section 13(1) of the Wages Councils Act allows only for deductions lawfully made at the request of the worker, either for the purposes of a superannuation scheme or a thrift scheme, or for any other purpose in which the employer has no beneficial interest. Moreover, section 21(2) and (3) of the National Insurance Act No. 33 of 1986 (Cap. 229) stipulates that an employer is not entitled to deduct from the wages of a person employed by him, or otherwise recover from such person, the contribution of the employer in respect of such person unless specific regulations so authorize. The Committee notes, however, that there seem to be no legal provisions: (i) prescribing any overall limits for authorized wage deductions; and (ii) specifying how workers are to be informed of the conditions under which and the extent to which such deductions may be made. The Committee would appreciate receiving additional information in this regard.

Article 9. The Committee notes that according to section 14(1) of the Wages Councils Act, it is unlawful for an employer to receive directly or indirectly from an apprentice or learner, or on his behalf or on his account, any payment by way of premium unless such payment is made in pursuance of an instrument of apprenticeship approved by a wages council. The Committee asks the Government to specify the conditions under which an instrument of apprenticeship may provide for such a payment. It also asks the Government to indicate whether a similar prohibition of deductions exists with respect to workers other than apprentices or learners.

Article 10. The Committee notes that there are no provisions in the labour legislation prescribing the manner in which and the limits within which wages may be attached or assigned. It also notes that in its report, the Government admits that the law is deficient in this regard. The Committee once more requests the Government to indicate the measures taken or contemplated in order to ensure that the Convention is fully implemented in this respect.

Article 12. The Committee notes that under section 3 of the Employers and Servants Act, the wages of a "labourer" are to be paid at intervals not exceeding 14 days. The Committee requests the Government to indicate the legislative or other provisions prescribing the payment of wages at regular intervals for workers other than labourers. In addition, the Committee notes that the labour legislation does not seem to regulate the prompt settlement of all wages due to the worker upon the termination of the employment relationship. The Committee therefore asks the Government to indicate the measures taken or envisaged to ensure that full effect is given to the requirements of the Convention in this regard.

Article 13. The Committee notes the Government’s indication that according to the Civil Service Orders, the wages of civil servants are to be paid on the last but one working day of the month or on a day determined by the Minister of Finance. The Committee once again requests the Government to supply a copy of this text and also to specify the legislative or administrative provisions laying down that persons - other than civil servants - should receive their wages, if payable in money, on working days only and at or near the workplace as set out in the Convention. In addition, the Committee notes that the labour legislation contains no provision prohibiting the payment of wages in taverns or similar establishments, shops or stores for the retail sale of merchandise, or places of amusement except for persons employed therein. The Committee hopes that appropriate measures will soon be taken to give full effect to the provisions of this Article of the Convention.

Article 14. The Committee notes that there appear to be no provisions in labour legislation laying down the notification of wage conditions to workers before they enter employment or when any changes take place. Nor do there seem to exist any specific provisions on wage statements to be issued at the time of each payment of wages. While noting the Government’s statement that human resource policies and staff orders in the private and public sectors incorporate this principle in the context of the employment contract, the Committee would be grateful if the Government could further clarify the law and practice in this respect.

Part V of the report form. The Committee would be grateful if the Government would supply all available information on the manner in which the Convention is applied in practice, including, for instance, statistics on inspection results indicating the number of infringements reported and sanctions imposed, etc.