Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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:

Article 1 of the Convention. Definition of “part-time worker”. The Committee notes that the term “part-time worker” is not defined in national laws or regulations. It also notes the Government’s indication in its last report that there is no specific level of normal hours of work below which a worker is considered to be a part-time worker. While noting section 28 of the Labour Act (Cap. 98:01) which provides that the Minister may make regulations prescribing the number of hours which may normally be worked by an employee in any week or on any day in any occupation, the Committee asks the Government to indicate the measures taken or envisaged in order to define the term “part-time worker”, irrespective of the possible variations of the normal hours of work of full-time workers in respect of different periods of the year, branches of occupation, geographical regions or workers’ age groups, as a necessary precondition to providing meaningful protection to people engaged in such work.

Article 5. Wage equality. The Committee notes the Government’s indication in its last report, that, with a view to ensuring uniformity of the wage rates applicable to full-time and part-time workers, the rate of a part-time worker is calculated by either dividing the daily basic rate by eight or the weekly basic rate by the number of hours per week, and then multiplying the result by the number of hours worked. The Committee requests the Government to specify the legislative provisions, or to transmit copies of relevant collective agreements, prescribing the above method of calculation of the basic wage for part-time workers.

Article 6. Social security coverage. Conditions. The Committee notes that, under section 11(2)(b)(i) of the National Insurance and Social Security Act (Cap. 36:01), regulations may provide for treating as not being an employed person or for disregarding employment, where in the opinion of the Minister it is only of a casual or subsidiary nature, or the person concerned is engaged only to an inconsiderable extent. The Committee asks the Government to indicate whether any such regulations have been issued so far affecting the social security coverage of part-time workers. In addition, the Committee notes that, under section 3(1)(a) of the National Insurance and Social Security (Contributions) Regulations, 1969, an insured person and his/her employer are exempted from liability to pay contributions for any contribution week in which wages amounting to less than $5 in respect of that week are paid to the insured person by the employer. The Committee requests the Government to clarify whether these regulations, or the specific limit of weekly earnings, are still in effect or have been amended, and also to indicate the approximate number of part-time workers who are excluded from the scope of the national insurance scheme by virtue of the above provision.

Article 7(a) and (d). Protection with respect to maternity and sick leave. The Committee notes the Government’s indication in its last report that all female workers are entitled to 13 weeks of maternity leave if contributions have been made. It also notes the Government’s statement that all workers are covered by the National Insurance Scheme with respect to sick leave. The Committee requests the Government to provide additional information on the protection of part-time women workers in respect of all aspects of maternity protection other than maternity leave, such as cash and medical benefits, transfer to a suitable job, income maintenance and protection against dismissal. Moreover, it would appear that the threshold of minimum weekly earnings or the casual or subsidiary nature of employment as grounds for the exclusion from the coverage of the National Insurance Scheme would also apply in respect of maternity and sickness benefits. The Government is therefore requested to provide supplementary information in this regard.

Article 8. Social security coverage. Exclusions. The Committee notes the Government’s statement in its last report, to the effect that the National Insurance Scheme sets no thresholds and therefore no workers are excluded from its coverage. The Committee understands, however, as stated above, that the social security legislation in force excludes workers whose earnings are below a specific weekly amount as well as casual and subsidiary employment. The Committee would be grateful if the Government could clarify where the national law and practice stand in this respect and give an estimate of the percentage of part-time workers who might be affected by the above exclusions. It also requests the Government to indicate: (i) the reasons for the threshold of minimum weekly earnings below which a worker is excluded from social security coverage; (ii) whether employers’ and workers’ organizations have been consulted in the establishment, revision or review of this threshold; and (iii) whether consideration is given to the progressive extension of protection to the workers excluded.

Article 9. Measures to facilitate access to part-time employment. While noting the information provided by the Government concerning the activities of the employment service of the Ministry of Labour for the promotion of part-time work, the Committee requests the Government to continue providing information on any specific programmes, policy development plans, information campaigns, or other initiatives aimed at facilitating access to part-time employment, especially for those workers, or groups of workers, who would be most interested or suited for such a flexible form of employment.

Article 11. Means of application. Recalling that the Convention requires for its implementation the adoption of laws or regulations unless effect is given to its provisions by means of collective agreements, the Committee would be grateful to the Government for providing in its next report copies of any collective agreements which would contain provisions regulating the conditions of employment of part-time workers in accordance with the standards of protection laid down in the Convention.

Part V of the report form. Application in practice. The Committee notes that, according to the information supplied by the Government in its last report, part-time work is often related to seasonal employment and it is mainly experienced in the rice industry, shipping-related activities, the informal sector and the garment industry. The Committee would be grateful to the Government for continuing to provide general information concerning the application of the Convention in practice, including extracts from inspection reports containing the number and nature of infringements reported and the penalties imposed, the number of workers covered by the relevant legislation and any other particulars bearing on the fulfilment of the practical conditions prescribed by the Convention.