Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report, in particular the reference to the last amendments to the Protection of Employment Act and the National Insurance Act introduced in 2003 and 2005 respectively. As the revised instruments are not available in the Office, the Committee would appreciate receiving copies of these texts.

The Committee notes that the labour legislation as it now stands gives partial or no effect to several key requirements of the Convention and therefore numerous improvements would be needed before legislative conformity is attained. The Committee recalls that the Government may draw upon the technical assistance and expert advice of the Office with a view to drafting implementing legislation which would be in full conformity with the provisions of the Convention. It also recalls that the Government may seek guidance in the 2003 General Survey on protection of wages which offers a comprehensive review of national laws and practice and illustrates different ways in which legislative conformity with Convention No. 95 may be ensured.

Article 2 of the Convention. Scope of wages protection. Recalling that the Convention applies to all persons to whom wages are paid or payable, the Committee requests the Government to indicate how the application of the Convention is ensured with respect to those categories of workers who are currently excluded from the scope of instruments such as the Employers and Servants Act, the Protection of Employment Act or the Wages Councils Act.

Article 3. Payment of wages in legal tender. The Committee notes that the only provisions dealing with payment of wages in legal tender are to be found in section 13(1) of the Wages Councils Act (Cap. 155), which refers to an “amount obtained in cash by the worker from his employer” but only with respect to the statutory minimum remuneration, and section 3 of the Employers and Servants Act (Cap. 145) which applies, however, only to labourers, i.e. persons employed and remunerated by the day. The Committee therefore requests the Government to indicate whether and how it is ensured in law and practice that wages in general (and not only the minimum wage), of all categories of workers (and not only of labourers) are paid in legal tender or by bank cheque or money order, as prescribed by this Article of the Convention.

Article 4. Partial payment of wages in kind. The Committee recalls that the Convention requires a specific prohibition against the partial payment of wages in the form of alcoholic drinks or noxious drugs and that therefore the Government has to adopt an express legislative provision in order to give effect to the Convention in this regard. At the same time, the Committee notes the Government’s indication that benefits or advantages in kind in lieu of payment in cash are no longer offered in practice notwithstanding section 13(2) of the Wages Councils Act which continues to provide for such benefits. Under these circumstances, the Committee considers that the Government may wish to either take appropriate steps in order to bring the national law into line with practice by clearly prohibiting the payment of wages in kind in all cases, or bring the national legislation into line with the requirements of Article 4 of the Convention by explicitly prohibiting the payment of wages in the form of alcohol or drugs. In this connection, the Government may wish to refer for guidance to paragraphs 114–163 of the abovementioned General Survey.

Article 6. Freedom of workers to dispose of their wages. The Committee is obliged to recall that under the Convention employers must be expressly prohibited from limiting in any manner the freedom of workers to dispose of their wages, for instance by obliging workers to place part of their earnings in a works saving fund or by imposing deductions for certain purposes. It accordingly requests the Government to consider the possibility of adopting an appropriate legislative provision giving full effect to this Article of the Convention. In this connection, the Government may wish to refer for guidance to paragraphs 176–190 and 210 of the abovementioned General Survey.

Articles 8 and 9. Deductions from wages. Further to its previous comment on this point, the Committee requests the Government to provide concrete information on: (i) the overall limit, if any, for permissible deductions from wages to the extent necessary to safeguard the maintenance of the worker and his/her family; (ii) the manner in which workers are informed of the conditions under which deductions may be made; (iii) the legal provision(s) prohibiting any deduction from wages for the purpose of retaining or obtaining employment. In this connection, the Government may wish to refer for guidance to paragraphs 216–271 of the abovementioned General Survey.

Article 10. Attachment and assignment of wages. The Committee understands that the national legislation does not provide for the possibility of wages being attached or seized, that is withheld by the employer in execution of a court order in case of the worker’s indebtedness. It also understands that the assignment of wages, that is to say the voluntary arrangement whereby part of the wages are paid directly to the creditor in settlement of debts, is not regulated in national legislation either. Recalling the importance of protecting workers’ earnings from unfair or excessive deductions, the Committee considers that, should the Government decide to enact appropriate legislative provisions on the attachment and assignment of wages, the principles set out in this Article of the Convention should be fully met, namely (i) that the conditions under which, and the overall limits within which, wages may be attached or assigned must be prescribed only by national laws or regulations and not individual agreements, and (ii) that workers should in all cases retain a proportion of their wages which is sufficient to provide for the maintenance of themselves and their families. In this connection, the Government may wish to refer for guidance to paragraphs 272–297 of the abovementioned General Survey.

Article 12. Regular payment of wages and final settlement at end of contract. The Committee considers that the Employers and Servants Act, which provides for 14-day pay intervals only for labourers, and the National Insurance Act, which provides for the prompt payment only of the severance pay, give partial effect to the requirements of this Article of the Convention. It therefore asks the Government to take the necessary action to ensure that the national legislation provides for regular pay intervals for all categories of workers and also for the final settlement of all outstanding payments at the end of the employment relationship within a reasonably short period of time. In this connection, the Government may wish to refer for guidance to paragraphs 375–398 of the abovementioned General Survey.

Article 13. Time and place of wage payment. In the absence of any reply on this point, the Committee is obliged to reiterate its request for additional explanations as to how it is ensured in law and practice that wages are paid on working days only and at or near the workplace. In this connection, the Government may wish to refer for guidance to paragraphs 399–410 of the abovementioned General Survey.

Article 14. Keeping workers informed of wage conditions. The Committee notes that according to the Government, the notification of wage conditions to workers before they enter employment or when any changes take place is incorporated into human resource policies and staff orders both in the private and the public sector. It once again requests the Government to provide additional explanations in this regard, including any available documents related to those human resource policies and staff orders, In addition, the Committee requests the Government to specify how it is ensured in law and practice that workers are duly informed at the time of each payment of wages, for instance by means of an itemized wage statement, of such wage particulars as the gross and net amount of wages, and the amount and reasons for any wage deductions. In this connection, the Government may wish to refer for guidance to paragraphs 414–448 of the abovementioned General Survey.

Part V of the report form. The Committee requests the Government to provide in its next report all available information on the practical application of the Convention, including for instance statistics on the number of workers covered by relevant legislation, extracts from labour inspection reports showing the number of wage-related offences observed and penalties imposed, copies of collective agreements containing clauses on pay conditions, etc.

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

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

The Committee notes with interest the Government’s first report on the application of the Convention. In this connection, the Committee would appreciate receiving additional 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 therefore 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 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 provision prescribing the payment of wages only in legal tender for workers other than labourers, i.e. persons employed by the day.

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 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 valued fairly.

Article 6. The Committee recalls that under this Article of the Convention, an appropriate legislative provision is required expressly prohibiting the employers from limiting in any manner the freedom of the workers to dispose of their wages. The Committee therefore hopes that the Government will take the necessary action 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 hopes, however, that in case such stores were to be established, the Government would 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 therefore requests the Government to supply 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 whether a similar prohibition of deductions representing indirect payments for obtaining or maintaining employment 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 therefore 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 Code, the wages are to be paid at intervals not exceeding 14 days. The Committee requests the Government to indicate the legislative or other provision prescribing the payment of wages at regular intervals for workers other than "labourers", i.e. persons employed by the day. 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 requests the Government to supply a copy of that instrument and also to specify the legislative or administrative provision laying down that persons - other than civil servants - should receive their wages 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 prescribing that the payment of wages in taverns or similar establishments, shops or stores for the retail sale of merchandise, or places of amusement shall be prohibited except in the case of persons employed therein. The Committee hopes that appropriate measures will soon be taken to give full effect to the provisions of this Articleof 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 requests the Government to supply all available information on the manner in which the Convention is applied in practice, including for instance, extracts of official reports, statistics on inspection results indicating the number of infringements reported and sanctions imposed, and any other information bearing on the practical implementation of the requirements laid down in the Convention.