Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the information provided by the Government in its report, in particular the adoption of the Employment Act 2006 which partially amends the Minimum Wage Act with respect to enforcement in cases of sub-minimum pay.

Article 2 of the Convention. Partial payment of wages in kind. The Committee notes the information provided by the Government on the maximum amounts to be deducted from agricultural workers’ wages for board and lodging and the cash equivalent of accommodation, as fixed by the Agricultural Wages Board Order 2006 and the Agricultural Wages Board Regulations 2006. The Committee would be grateful if the Government would continue to supply relevant information on the valuation of allowances in kind for agricultural workers.

Article 3(4). The binding force of minimum wages. The Committee notes the Government’s explanations concerning the minimum wage rate historically defined by the Agricultural Wages Board for young workers above 15 years of age but under 16. According to the Government, the differential reflects the fact that younger workers tend to be low skilled and require more supervision which impacts on the quantity or quality of the work performed. The Government adds that these rates are reviewed each year by the Board and are circulated for public consultation prior to their approval. The Committee is concerned that a system of lower pay rates for young workers may be based on the inflexible assumption that these workers will under no circumstances perform work which is quantitatively and qualitatively equivalent to that of adult workers and, in this sense, it might be discriminatory in certain cases. The Committee accordingly requests the Government to provide additional information on this point including any views that may have been expressed by the social partners within the framework of the Agricultural Wages Board.

Article 4(1). Publicity of the minimum wage rates. The Committee notes the Government’s statement that notices of revised Agricultural Wages Board Orders and Regulations are publicized through advertisements in the local press, the Manx National Farmers’ Union, publications of the Department of Agriculture, Fisheries and Forestry, and mail to interested employers and workers.

Article 5 and Part V of the report form. The Committee notes the information provided by the Government including the current minimum wage rates for agricultural workers and the number of regular and casual agricultural workers covered by the relevant legislation. The Committee would appreciate if the Government would continue providing up to date and documented information on the practical application of the Convention.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on 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 Convention No. 99 is 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 marks certain advances 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.