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

The Committee takes note of the enactment of the Workmen’s Compensation Act and asks the Government to submit with its next report the copies of this Act and of the Workmen’s Compensation Regulations together with information on the following points.

Article 2, paragraph 2(d) of the Convention. Exclusion of workers whose earnings exceed a certain limit. According to the Government’s report, any person whose remuneration exceeds 10,000 East Caribbean dollars a year or such sum as may, by order, be fixed by the Governor is excluded from the definition of workman and therefore from the scope of application of the Workmen’s Compensation Act. The Committee would like the Government to confirm, on the basis of wage data, whether this remuneration limit is set at such a level so as to ensure coverage by the Workmen’s Compensation Act of the large majority of manual workers in Anguilla.

Article 3. Exemption of certain classes of workers. In its report the Government indicates that the following persons are excluded from the definition of workman and therefore from the scope of application of the Workmen’s Compensation Act: members of the police force, including special and local constables; persons in the civil employment of Her Majesty otherwise than in the Government of Anguilla, who have been engaged in a place outside Anguilla; persons in the naval, military or air service of the Crown. The Committee requests the Government to indicate whether by making these exclusions it wishes to avail itself of the exemption permitted by this Article of the Convention.

Article 5. Compensation in the form of periodical payments. The Committee asks the Government to explain in its next report how this Article is applied in the light of the new legislation.