Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Grenada (Ratification: 1979)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

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 2013, published 103rd ILC session (2014)

Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee recalls its previous comments in which it noted that minimum wage rates remained unchanged since 2002 even though section 51(2) of the Employment Act, 1999, required minimum wage orders to be reviewed at least once every three years. The Committee notes the adoption of the Minimum Wage Order of 2011 which establishes new minimum wage rates – hourly, daily, weekly or monthly – for 13 categories of workers as from 1 January 2012. The Committee requests the Government to provide additional information on the categories of workers, in any, whose minimum wage has been left unrevised since 2002. The Committee also requests the Government to keep the Office informed of any steps taken to ensure that minimum wage orders issued under section 51 of the Employment Act are reviewed by the tripartite Wages Advisory Committee not less frequently than once every three years as prescribed by the national legislation.

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

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:

Repetition

Article 3(2)(2) of the Convention. Consultation with social partners and review of minimum wage levels. The Committee notes that, under section 51(2) of the Employment Act, 1999, a minimum wages order is to be reviewed at least once every three years by the Wages Advisory Committee with a view to adjusting the minimum wage rates and making recommendations to the Minister of Labour. A similar provision is included in the Ministerial Order of 29 May 2001 establishing the tripartite Wages Advisory Committee and appointing its six members. The Committee accordingly requests the Government to indicate whether any steps have been taken or envisaged to review the Minimum Wages Order of 2002, and to ensure that the tripartite consultative body on minimum wages fulfils its mandate in accordance with national laws and regulations.

Article 5 and Part V of the report form. Practical application. The Committee would be grateful if the Government would continue to provide up to date information on the effect given to the Convention in practice including, for instance, statistical information on the number of workers remunerated at the minimum wage rate, the evolution of minimum pay rates as compared to the evolution of economic indicators, such as the inflation rate, relevant extracts from labour inspection reports, copies of official documents such as activity reports of the Wages Advisory Committee, etc.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following 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 Conventions Nos 26 and 99 are 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 contains certain improvements 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 2011, published 101st ILC session (2012)

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:

Repetition

Article 3(2)(2) of the Convention. Consultation with social partners and review of minimum wage levels. The Committee notes that, under section 51(2) of the Employment Act, 1999, a minimum wages order is to be reviewed at least once every three years by the Wages Advisory Committee with a view to adjusting the minimum wage rates and making recommendations to the Minister of Labour. A similar provision is included in the Ministerial Order of 29 May 2001 establishing the tripartite Wages Advisory Committee and appointing its six members. The Committee accordingly requests the Government to indicate whether any steps have been taken or envisaged to review the Minimum Wages Order of 2002, and to ensure that the tripartite consultative body on minimum wages fulfils its mandate in accordance with national laws and regulations.

Article 5 and Part V of the report form. Practical application. The Committee notes the collective agreements attached to the Government’s report. The Committee would be grateful if the Government would continue to provide up to date information on the effect given to the Convention in practice including, for instance, statistical information on the number of workers remunerated at the minimum wage rate, the evolution of minimum pay rates as compared to the evolution of economic indicators, such as the inflation rate, relevant extracts from labour inspection reports, copies of official documents such as activity reports of the Wages Advisory Committee, etc.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following 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 Conventions Nos 26 and 99 are 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 contains certain improvements 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 2007, published 97th ILC session (2008)

The Committee takes due note of the information provided in the Government’s report and the attached documents. It notes, in particular, the Minimum Wages Order, 2002, which sets minimum hourly, daily and monthly pay rates for ten categories of workers.

Article 3, paragraph 2(2) of the Convention. Consultation with social partners and review of minimum wage levels. The Committee notes that, under section 51(2) of the Employment Act, 1999, a minimum wages order is to be reviewed at least once every three years by the Wages Advisory Committee with a view to adjusting the minimum wage rates and making recommendations to the Minister of Labour. A similar provision is included in the Ministerial Order of 29 May 2001 establishing the tripartite Wages Advisory Committee and appointing its six members. The Committee accordingly requests the Government to indicate whether any steps have been taken or envisaged to review the Minimum Wages Order of 2002, and to ensure that the tripartite consultative body on minimum wages fulfils its mandate in accordance with national laws and regulations.

Article 5 and Part V of the report form. The Committee notes the collective agreements attached to the Government’s report. The Committee would be grateful if the Government would continue to provide up to date information on the effect given to the Convention in practice including, for instance, statistical information on the number of workers remunerated at the minimum wage rate, the evolution of minimum pay rates as compared to the evolution of economic indicators, such as the inflation rate, relevant extracts from labour inspection reports, copies of official documents such as activity reports of the Wages Advisory Committee, etc.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19, 40). In fact, the Governing Body has decided that Conventions Nos 26 and 99 are 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 contains certain improvements 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 2006, published 96th ILC session (2007)

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 with interest the adoption in 1999 of the Employment Act (No. 14) which establishes for the first time since 1968 minimum wage fixing machinery for workers who are not covered by collective agreements. A Wages Advisory Committee established under section 51 of the new Act is to investigate and make recommendations to the Government as to the minimum rates of wages which should be payable. Composed of an equal number of representatives of the most representative organizations of employers and workers, the above Committee should meet at least once every three years with a view to updating the minimum wage rate. The Committee notes in this respect the Government’s statement that an order made under section 52 of the above Act, after considering the recommendations of the Wages Advisory Committee, has established the minimum wage rate applicable since 1 September 2002. It requests the Government to provide a copy of the above order.

Article 5 and Part V of the report form. While noting the Government’s statement in its report that there are arrangements in every industry for the regulation of wages through collective arrangements, and the list of 24 workplace and sectoral collective agreements provided by the Government in its report, the Committee requests the Government to indicate the number of workers covered by the minimum wage rate in force as established by order since September 2002. It would also be grateful to receive information on the coverage of collective agreements setting minimum wage rates and the amounts of the latter.

Furthermore, the Committee notes the statistical information on the activities of the labour inspection services and requests the Government to provide with its next report full information on compliance in practice with the laws and regulations respecting minimum wages, including the number of cases in which the labour inspection services have reported failure to comply with statutory or agreed minimum wages and, where appropriate, the imposition of the penalties provided for in sections 53(2) and 54(1) of the Employment Act.

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

The Committee notes the report provided by the Government. It notes with interest the adoption in 1999 of the Employment Act (No. 14) which establishes for the first time since 1968 minimum wage fixing machinery for workers who are not covered by collective agreements. A Wages Advisory Committee established under section 51 of the new Act is to investigate and make recommendations to the Government as to the minimum rates of wages which should be payable. Composed of an equal number of representatives of the most representative organizations of employers and workers, the above Committee should meet at least once every three years with a view to updating the minimum wage rate. The Committee notes in this respect the Government’s statement that an order made under section 52 of the above Act, after considering the recommendations of the Wages Advisory Committee, has established the minimum wage rate applicable since 1 September 2002. It requests the Government to provide a copy of the above order.

Article 5 and Part V of the report form. While noting the Government’s statement in its report that there are arrangements in every industry for the regulation of wages through collective arrangements, and the list of 24 workplace and sectoral collective agreements provided by the Government in its report, the Committee requests the Government to indicate the number of workers covered by the minimum wage rate in force as established by order since September 2002. It would also be grateful to receive information on the coverage of collective agreements setting minimum wage rates and the amounts of the latter.

Furthermore, the Committee notes the statistical information on the activities of the labour inspection services and requests the Government to provide with its next report full information on compliance in practice with the laws and regulations respecting minimum wages, including the number of cases in which the labour inspection services have reported failure to comply with statutory or agreed minimum wages and, where appropriate, the imposition of the penalties provided for in sections 53(2) and 54(1) of the Employment Act.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that despite its repeated requests, no report has been submitted by the Government in the last seven years. 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 comment, which read as follows:

        The Committee notes in particular that work on the Labour Code has restarted with assistance from the International Labour Office and in consultation with the employers’ and workers’ organizations concerned (Grenada Employers’ Federation and Trade Union Council). In addition, the Committee understands that a draft revision of the labour legislation - which includes provisions on the protection and regulation of wages - has already been transmitted to the Government by the Office. The Committee hopes that the revised labour legislation will come into force in the near future and that, as soon as it has been adopted, a copy of it will be sent to the Office. Please also continue to provide, in accordance with Parts IV and V of the report form, all available information on the results of the operation of the minimum wage fixing machinery.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

The Committee notes in particular that work on the Labour Code has restarted with assistance from the International Labour Office and in consultation with the employers’ and workers’ organizations concerned (Grenada Employers’ Federation and Trade Union Council). In addition, the Committee understands that a draft revision of the labour legislation - which includes provisions on the protection and regulation of wages - has already been transmitted to the Government by the Office. The Committee hopes that the revised labour legislation will come into force in the near future and that, as soon as it has been adopted, a copy of it will be sent to the Office. Please also continue to provide, in accordance with Parts IV and V of the report form, all available information on the results of the operation of the minimum wage fixing machinery.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 in particular that work on the Labour Code has restarted with assistance from the International Labour Office and in consultation with the employers' and workers' organizations concerned (Grenada Employers' Federation and Trade Union Council). In addition, the Committee understands that a draft revision of the labour legislation -- which includes provisions on the protection and regulation of wages -- has already been transmitted to the Government by the Office. The Committee hopes that the revised labour legislation will come into force in the near future and that, as soon as it has been adopted, a copy of it will be sent to the Office. Please also continue to provide, in accordance with Parts IV and V of the report form, all available information on the results of the operation of the minimum wage fixing machinery.

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

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 following matters raised in its previous direct request:

The Committee notes in particular that work on the Labour Code has restarted with assistance from the International Labour Office and in consultation with the employers' and workers' organizations concerned (Grenada Employers' Federation and Trade Union Council). In addition, the Committee understands that a draft revision of the labour legislation -- which includes provisions on the protection and regulation of wages -- has already been transmitted to the Government by the Office. The Committee hopes that the revised labour legislation will come into force in the near future and that, as soon as it has been adopted, a copy of it will be sent to the Office. Please also continue to provide, in accordance with points IV and V of the report form, all available information on the results of the operation of the minimum wage-fixing machinery.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 following matters raised in its previous direct request:

The Committee notes in particular that work on the Labour Code has restarted with assistance from the International Labour Office and in consultation with the employers' and workers' organizations concerned (Grenada Employers' Federation and Trade Union Council). In addition, the Committee understands that a draft revision of the labour legislation -- which includes provisions on the protection and regulation of wages -- has already been transmitted to the Government by the Office. The Committee hopes that the revised labour legislation will come into force in the near future and that, as soon as it has been adopted, a copy of it will be sent to the Office. Please also continue to provide, in accordance with points IV and V of the report form, all available information on the results of the operation of the minimum wage-fixing machinery.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in reply to its previous comments.

The Committee notes in particular that work on the Labour Code has restarted with assistance from the International Labour Office and in consultation with the employers' and workers' organizations concerned (Grenada Employers' Federation and Trade Union Council). In addition, the Committee understands that a draft revision of the labour legislation - which includes provisions on the protection and regulation of wages - has already been transmitted to the Government by the Office. The Committee hopes that the revised labour legislation will come into force in the near future and that, as soon as it has been adopted, a copy of it will be sent to the Office. Please also continue to provide, in accordance with points IV and V of the report form, all available information on the results of the operation of the minimum wage-fixing machinery.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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 following matters raised in its previous direct request:

With reference to the previous comments, the Committee noted the statement by the Government in its previous report that the plan to enact minimum wage legislation for those workers not covered at present by either a collective agreement or a minimum wage order, which was made in the context of the formulation of a Labour Code undertaken with assistance of the ILO, was temporarily stalled by reasons of unavailability of the ILO expert. It also noted the Government's repeated expression of intention to consult all interested organizations when the draft becomes available. The Committee requests the Government to indicate any development in this respect.

In the meantime, the Committee noted the Government's indication that, in respect of every industry in Grenada, there exists arrangements for the regulation of wages through collective agreements. It also noted the excerpts from recent collective agreements as well as the number of workers covered. The Committee requests the Government to continue supplying information on the results of the application of the minimum wage fixing machinery as required by Article 5 of the Convention.

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

With reference to the previous comments, the Committee notes the statement by the Government in its report that the plan to enact minimum wage legislation for those workers not covered at present by either a collective agreement or a minimum wage order, which was made in the context of the formulation of a Labour Code undertaken with assistance of the ILO, is now temporarily stalled by reasons of unavailability of the ILO expert. It also notes the Government's repeated expression of intention to consult all interested organizations when the draft becomes available. The Committee requests the Government to indicate any development in this respect.

In the meantime, the Committee notes the Government's indication that, in respect of every industry in Grenada, there exists arrangements for the regulation of wages through collective agreements. It also notes the excerpts from recent collective agreements as well as the number of workers covered. The Committee requests the Government to continue supplying information on the results of the application of the minimum wage fixing machinery as required by Article 5 of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its previous comments, the Committee notes with interest that the Government proposes to update the present legislation and to enact minimum wage legislation for those workers not now covered by either a collective agreement or a minimum wage order. The Committee notes also that the Government intends to consult with the Grenada Employers' Federation and the Grenada Trades Union Council during the usual meeting of the Labour Advisory Board, and in addition the Agricultural Employers' Organisation. The Committee requests the Government to keep it informed of developments in this regard.

In addition, the Committee again requests the Government to provide information concerning the application of the Convention in practice, for instance, by sending extracts of reports of the inspection services and copies of some of the collective agreements establishing minimum wage rates, and indicating the number of workers covered by such agreements, as provided in Article 5 of the Convention and point V of the report form.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In one of its previous reports, the Government stated that there is not at present any minimum wage-fixing machinery, nor any plans to update the present legislation, and that the legislation of 1968 and 1969 is considered to be superseded. It added that the great majority of workers (around 70 per cent), with the exception of domestic workers and the self-employed, are covered by collective agreements.

The Committee noted these statements and requested the Government to indicate whether it planned to adopt minimum wage-fixing machinery for those workers not covered by either collective agreements or a minimum wage order and to indicate the consultations that could take place in this respect with the organisations of employers and workers concerned, as laid down in the Convention.

The Committee notes that, for the second time in succession, the Government has not supplied a report. It hopes that the Government will not fail to submit a report for its examination at the next session and that this report will contain full information on the above matters and information on how effect is given to the Convention in practice (including extracts of reports of the inspection services, copies of some of the collective agreements establishing minimum wage rates and the number of workers covered by such agreements).