Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Convenio sobre los métodos para la fijación de salarios mínimos, 1928 (núm. 26) - Santa Lucía (Ratificación : 1980)

The Committee notes the succinct information provided by the Government in reply to its previous comment.

Article 3(2) of the Convention. Equitable participation of employers’ and workers’ representatives in the minimum wage fixing machinery. The Committee recalls that section 5(3) of the Minimum Wage Act No. 27 of 1999 raises some difficulty in so far as it provides for the appointment of three members representative of non-unionized workers and consequently may compromise the equitable representation of employers’ and workers’ interests in the minimum wage fixing process. The Committee therefore again requests the Government to clarify how it ensured both in law and practice that the employers and workers concerned are associated in the operation of the machinery for the determination of minimum wage rates in equal numbers and on equal terms, as required by this Article of the Convention. The Committee would also appreciate receiving additional information, including copies of any relevant studies or activity reports, on the functioning of the Minimum Wage Commission in recent years.

Article 5 and Part V of the report form. The Committee notes the information provided by the Government that the Minimum Wage Order No. 132 of 2006 was adopted setting a minimum wage for construction workers at 55 XCD (approximately US$20) per day. It also notes the Government’s indication that although the Wages Regulations (Clerks) Order No. 14 of 1985 remains technically in effect, it is no longer practical as most employees in reality earn more than the 1985 pay rates. In this connection, the Committee wishes to emphasize that when minimum wage rates are not periodically reviewed and adjusted, they ultimately come to bear no relationship with the real needs of the workers and minimum wage fixing is in fact reduced to a mere formality devoid of any substance. The Committee requests the Government to keep it informed of any further developments concerning the establishment of minimum wage rates for trades or occupations not yet regulated and to transmit copies of any new wage regulation orders as soon as they are adopted. It would also be grateful if the Government would provide up to date information on the practical application of the Convention including, for instance, the approximate number of workers covered by relevant legislation, labour inspection results showing the number of infringements of the minimum wage legislation observed and the sanctions imposed, etc.