Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Montserrat

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 (minimum wage) and 95 (protection of wages) together.

Minimum Wage

Articles 1–3 of Convention No. 26. Minimum wage-fixing machinery. Further to its previous comments, the Committee notes the adoption of the Labour Code, Act No. 20 of 2012, which repealed the Employment Act. It notes that the new Code does not contain provisions on minimum wage fixing. The Committee also notes that the Government indicates in its report that: (i) a Minimum Wage Task Force (MWTF) was established in 2017 to provide inputs regarding the development, establishment and implementation of a minimum wage; (ii) members of the MWTF were selected from across different stakeholders, including workers, employers, and their representatives; and (iii) the MWTF has presented a recommendation, which is currently with the Government for review. The Committee requests the Government to provide information on any decision made regarding the fixing of minimum wage rates.

Protection of wages

Article 2 of Convention No. 95. Application to public service employees. The Committee notes that the Labour Code repealed the Protection of Wages Act. It further notes that the provisions of the Labour Code concerning the protection of wages do not apply to the public service and the police service (section 4(2)). The Committee requests the Government to provide information on the manner in which effect is given to the Convention with regard to workers in the public service and the police service.

Article 4. Partial payment of wages in kind. Further to its previous comments, the Committee notes that section 42 of the Labour Code allows the partial payment of wages in kind. It also notes the Government’s indication that the payment of wages in the form of allowances in kind is usually customary or desirable for some migrant workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that allowances in kind are appropriate for the personal use and benefit of workers and their families and that the value attributed to such allowances is fair and reasonable, as requested under Article 4(2) of the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1 and 3 of the Convention. Minimum wage-fixing machinery. The Committee has been drawing the Government’s attention for a number of years to the fact that notwithstanding the minimum wage fixing machinery provided for in the Employment Act (Cap. 15.03), no minimum wage has ever been fixed for any category of workers. In its last report, the Government indicates that it has now mandated the Labour Advisory Board to recommend as a matter of priority the determination of a minimum wage for workers by sector, and that it will transmit its minimum wage declaration as soon as it is finalized. The Committee understands that a draft Labour Code is currently under preparation which contains in Part II provisions relating to the determination of minimum wages. According to these provisions, the minimum wage is to be fixed by the Executive Council (and no longer by the Labour Tribunal) upon the recommendation of the Minister of Labour made after considering the recommendations of the Labour Advisory Board. The Committee hopes that the Government will take all necessary steps without further delay in order to establish and effectively enforce minimum wages. The Committee also requests the Government to keep the Office informed of any progress made concerning the adoption of the new Labour Code.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee notes the Government’s statement that the system of labour administration, which was disrupted by the recent volcanic eruption, has now been normalized to permit consideration of the determination of a minimum wage. The Government indicates that it is in a position to actively pursue the establishment of a general minimum wage as a matter of priority and that the minimum wage declaration will be communicated as soon as it is finalized. The Committee expresses its hope that some 30 years after the adoption of the Employment Ordinance, which makes provision for minimum wages to be fixed by the Labour Tribunal after consultation with the Labour Advisory Board, the Government will take without further delay all necessary steps in order to apply and effectively enforce its minimum wage legislation thus giving effect to the basic requirements of the Convention. It accordingly requests the Government to keep the Office informed of any progress made in this regard and to transmit a copy of the legal instrument prescribing the minimum wage once it is adopted.

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

Further to its previous comments, the Committee notes the information provided by the Government in its last report that the process for the revision of the Protection of Wages Act No. 6, 1962, initiated in 1997, has now been suspended and that permission is currently being sought to draft a comprehensive Labour Code. The Committee understands that while the Employment Ordinance 1979 (Minimum Wage) is still in force, and therefore the Labour Commissioner is empowered – after consulting with the Labour Advisory Board – to apply to the Labour Tribunal for fixing the minimum wage for any class of employee, no minimum wage rates have ever been fixed in practice in respect of any category of workers. The Committee is bound to observe that no real progress has been made in the last 25 years for the introduction of a minimum wage in application of the relevant legislation. The Committee concludes that the Convention is not applied in practice and accordingly requests the Government to take without further delay all appropriate measures in order to rectify this situation. The Committee also requests the Government to keep it informed of any developments concerning the drafting of a comprehensive Labour Code and recalls that the Government may draw upon the technical assistance of the Office in this respect.

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

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 it was decided to revise the Protection of Wages Act No. 6, 1962, taking all aspects of wages into consideration. The authority for application of a minimum wage was accordingly embodied in the draft Protection of Wages Act. This Act was included in the 1997 legislative agenda. The Committee requests the Government to supply a copy of the Protection of Wages Act once adopted.

The Committee again hopes that the Government will supply information on this point in the near future, together with other general information on the application of the Convention in practice, as required by Article 5 of the Convention and Part V of the report form, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 it was decided to revise the Protection of Wages Act No. 6, 1962, taking all aspects of wages into consideration. The authority for application of a minimum wage was accordingly embodied in the draft Protection of Wages Act. This Act was included in the 1997 legislative agenda. The Committee requests the Government to supply a copy of the Protection of Wages Act once adopted.

The Committee again hopes that the Government will supply information on this point in the near future, together with other general information on the application of the Convention in practice, as required by Article 5 of the Convention and Part V of the report form, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 it was decided to revise the Protection of Wages Act No. 6, 1962, taking all aspects of wages into consideration. The authority for application of a minimum wage was accordingly embodied in the draft Protection of Wages Act. This Act is presently on the 1997 legislative agenda. The Committee requests the Government to supply a copy of the Protection of Wages Act once it has been adopted.

The Committee again hopes that the Government will supply information on this point in the near future, together with other general information on the application of the Convention in practice, as required by Article 5 of the Convention and Part V of the report form, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).

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

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 it was decided to revise the Protection of Wages Act No. 6, 1962, taking all aspects of wages into consideration. The authority for application of a minimum wage was accordingly embodied in the draft Protection of Wages Act. This Act is presently on the 1997 legislative agenda. The Committee requests the Government to supply a copy of the Protection of Wages Act once it has been adopted.

The Committee again hopes that the Government will supply information on this point in the near future, together with other general information on the application of the Convention in practice, as required by Article 5 of the Convention and Part V of the report form, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).

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

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:

The Committee notes the information provided in the Government’s report in reply to its previous comments. The Committee notes that it was decided to revise the Protection of Wages Act No. 6, 1962, taking all aspects of wages into consideration. The authority for application of a minimum wage was accordingly embodied in the draft Protection of Wages Act. This Act is presently on the 1997 legislative agenda. The Committee requests the Government to supply a copy of the Protection of Wages Act once it has been adopted.

The Committee again hopes that the Government will supply information on this point in the near future, together with other general information on the application of the Convention in practice, as required by Article 5 of the Convention and Part V of the report form, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).

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

The Committee notes the information provided in the Government's report in reply to its previous comments. The Committee notes that it was decided to revise the Protection of Wages Act No. 6, 1962, taking all aspects of wages into consideration. The authority for application of a minimum wage was accordingly embodied in the draft Protection of Wages Act. This Act is presently on the 1997 legislative agenda. The Committee requests the Government to supply a copy of the Protection of Wages Act once it has been adopted.

The Committee again hopes that the Government will supply information on this point in the near future, together with other general information on the application of the Convention in practice, as required by Article 5 of the Convention and point V of the report form, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).

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

The Committee notes that the Government's report simply indicates no changes and that the Government has not supplied detailed information on the results of the application of the minimum wage fixing machinery since the enactment of the Employment Ordinance, 1979, which establishes such machinery. The Committee hopes that the Government will supply such information in its next report including, inter alia, the approximate number of workers covered, the minimum rates of wages fixed, and the more important of the other conditions, if any, relevant to the minimum rates as required by Article 5 of the Convention.