Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Saint Vincent and the Grenadines (RATIFICATION: 1998)

CMNT_TITLE

Previous comment

The Committee notes that a Wages Regulation Order containing new provisions applicable to agricultural workers was adopted in 2017.

Article 6 of the Convention. Division of annual holiday. In its previous comment, the Committee noted that there are no legislative provisions regulating the possible division of annual paid holiday in parts, and that in practice, this is left to each agricultural establishment to decide. The Committee notes that the Government does not provide information on the matter. The Committee once again wishes to recall, in this regard, that the purpose of an annual holiday is to provide the worker with a sufficient period of free time to ensure physical and mental rest. The Committee once again refers, in this connection, to paragraph 6 of the Holidays with Pay (Agriculture) Recommendation, 1952 (No. 93), according to which workers should have the right to take at least part of their holiday in an uninterrupted period which should not be less than a prescribed minimum. The Committee accordingly requests the Government to keep the Office informed of any further developments with regard to considering the possibility of introducing appropriate provisions setting out the conditions and limits within which the annual holiday may be divided into parts.

Article 7(3). Payment of cash equivalent of allowances in kind. The Committee notes that according to section 3 of the Employers and Servants Act (Cap. 206) wages shall be paid in money and not otherwise. The Committee takes note of this information which addresses its previous request.

Article 9. Termination of the employment relationship. The Committee notes that the Government does not provide information on this matter. The Committee also notes that section 4(2) of the Schedule of the Wages Regulation (Agricultural Workers) Order, 2017 continues to provide that the employer must pay the worker for the proportionate part of the vacation due to him at the time of termination, where the service of an agricultural worker is terminated during the second or subsequent year of employment. The Committee once again requests the Government to indicate how it is ensured that workers dismissed during their first year of employment, before they have taken a holiday due to them, are paid in respect of every day of holiday due at the time of termination.

CMNT_TITLE

Article 6 of the Convention. Division of annual holiday. The Committee notes the Government’s indication that there are no legislative provisions regulating the possible division of annual paid holiday in parts, and that in practice, this is left to each agricultural establishment to decide. The Committee wishes to recall, in this regard, that the purpose of an annual holiday is to provide the worker with a sufficient period of free time to ensure physical and mental rest. The Committee refers, in this connection, to paragraph 6 of the Holidays with Pay (Agriculture) Recommendation, 1952 (No. 93), according to which workers should have the right to take at least part of their holiday in an uninterrupted period which should not be less than a prescribed minimum. The Committee therefore requests the Government to consider the possibility of introducing appropriate provisions setting out the conditions and limits within which the annual holiday may be divided into parts.

Article 7(3). Payment of cash equivalent of allowances in kind. The Committee notes that pursuant to section 3 of the Employers and Servants Act (Cap. 206), the remuneration relating to the annual holiday of agricultural workers does not include payments in kind. The Committee wishes to recall that under Article 7(3) of the Convention, holiday pay may include the cash equivalent of benefits in kind where remuneration of the worker concerned includes such benefits in kind. The Committee also recalls that a similar provision is also found in Article 7(1) of the Holidays with Pay Convention (Revised), 1970 (No. 132) which the Government is strongly encouraged to ratify as it contains the most up-to-date standards concerning annual holiday with pay. The Committee therefore requests the Government to consider the possibilities of making provisions so that the cash value of any allowances in kind is taken into account in the calculation of holiday pay.

Article 9. Termination of the employment relationship. The Committee notes that section 4(2) of the Schedule of the Wages Regulation (Agricultural Workers) Order, 2008, provides that where the service of an agricultural worker is terminated during the second or subsequent year of employment, the employer must pay the worker for the proportionate part of the vacation due to him at the time of termination. The Committee requests the Government to indicate how it is ensured that workers dismissed during their first year of employment, before they have taken a holiday due to them, are paid in respect of every day of holiday due at the time of termination.

CMNT_TITLE

The Committee notes the Government’s indications that a Wages Regulation Order containing new provisions applicable to agricultural workers was adopted in 2008. It requests the Government to provide a copy of this text, which was not attached to its report.

Article 5(a) of the Convention. Young workers. The Committee notes that, according to the Government, the Wages Regulation (Agricultural Workers) Order of 2008 does not deal with the defined categories of workers (young workers, older workers, seasonal workers, men and women) separately with regard to the right to an annual holiday with pay. It recalls that this provision of the Convention provides that, where appropriate and in cases in which the annual holiday with pay granted to adult workers is not considered adequate for young workers, young workers, including apprentices, shall benefit from more favourable treatment in this regard. The Committee would be grateful if the Government would inform the Office of any steps which could be taken in the future to establish more favourable treatment for young workers with regard to annual holiday with pay.

Article 5(b). Length of service. The Committee requests the Government to indicate whether steps have been taken or envisaged to increase the duration of the annual paid holiday to which workers are entitled where they have completed a certain number of years of service, as set out in this provision of the Convention.

Article 5(d). Exclusion of public holidays or weekly rest and sick leave. The Committee notes that the Government’s report does not contain a reply to its previous comment on this point. It therefore requests the Government to indicate whether public and customary holidays, weekly rest periods and temporary interruptions of attendance at work due to such causes as sickness or accident are deducted from the annual paid holiday to which agricultural workers are entitled.

Article 6. Division of annual holiday. The Committee requests the Government to indicate whether workers are authorized to divide their annual paid holiday over two or more periods and, if so, to indicate the relevant legal provisions.

Article 7, paragraph 3. Remuneration. Payments in kind. The Committee notes the Government’s indications that the remuneration relating to the annual holiday of agricultural workers does not include payments in kind. Given that the granting of payments in kind (accommodation, agricultural produce, etc.) is relatively frequent for workers employed in agriculture, the Committee requests the Government to indicate whether these payments are replaced by their cash equivalent during the annual holiday period.

Article 8. Invalidity of any agreement to relinquish the right to an annual holiday. The Committee notes the Government’s confirmation in its report that section 11 of the Wages Council Act ensures the implementation of this provision of the Convention.

Article 9. Termination of the employment relationship. The Committee notes that, according to the Government’s report, section 4(2) of the Schedule of the Wages Regulation (Agricultural Workers) Order, 2008 answers its previous comment on this matter. The Committee will re-examine this issue when it will receive the text of the above Order.

Article 11 and Part V of the report form. Application in practice. The Committee notes that the Government does not currently have any statistics concerning the application of the Convention. It would be grateful if the Government would provide information, as soon as it is available, on the application of the Convention in practice, in particular on the labour inspectorate’s activities in the agricultural sector, the number and nature of violations reported and the follow-up action taken.

Finally, the Committee notes that the Government has been informed of the options available to it with regard to the ratification of the Holidays with Pay Convention (Revised), 1970 (No. 132). It draws the Government’s attention to Article 16(b) of Convention No. 132, under which acceptance of the obligations of that Convention in respect of persons employed in agriculture by a Member which is a party to the Holidays with Pay (Agriculture) Convention, 1952 (No. 101), shall ipso jure involve the immediate denunciation of that Convention. The Committee requests the Government to keep the Office informed of any decision taken in this regard.

CMNT_TITLE

The Committee notes the information provided in the Government’s report, in particular the adoption of the new Wages Regulation (Agricultural Workers) Order, 2003.

Article 5 of the Convention. The Committee notes that apart from the increase in the duration of the annual paid leave with the length of service, which is set out in section 3 of the Schedule of the Wages Regulation (Agricultural Workers) Order, 2003, there appear to be no specific provisions in the national legislation applicable to agricultural workers dealing with: (i) a more favourable treatment of young workers, including apprentices, with respect to annual leave; (ii) the granting of proportionate holidays, or payment in lieu, in the case of a worker’s insufficient continuous service to qualify him/her for annual holiday with pay; and (iii) the exclusion from the annual holiday with pay of public and customary holidays and weekly rest periods. The Committee would appreciate receiving any clarifications the Government might wish to provide on the law and practice relating to the above points.

Article 6. The Committee would be grateful if the Government would specify whether the division of annual holidays into parts is authorized in the agricultural sector, and if so, to indicate the relevant legal provisions.

Article 7, paragraph 3. While noting that the partial payment in kind is, in principle, authorized under section 13(2) of the Wages Council Act of 1953, the Committee observes that the Wages Regulations (Agricultural Workers) Order, 2003, makes no provision for any allowances in kind except for section 3(4) that requires employers to provide protective gears for workers in hazardous conditions. The Committee therefore requests the Government to clarify whether holiday remuneration for agricultural workers may at times include payments in kind, and if so, whether it is so calculated as to include the cash equivalent of any such benefits in kind.

Article 8. The Committee requests the Government to specify the legal provision(s) giving effect to this Article of the Convention.

Article 9. The Committee notes that under section 10(3) of the Wages Council Act of 1953, wages regulation proposals may contain provisions for securing that any holiday remuneration which may have been accrued to a worker during his/her employment will effectively become payable by the employer to the worker, in the event of his/her ceasing to be employed before he/she becomes entitled to annual holidays. It also notes that the Wages Regulation (Agricultural Workers) Order, 2003, does not contain any provision in this regard. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the application of this provision of the Convention.

Article 11 and Part V of the report form. While noting the statistical information provided by the Government in an earlier report concerning the number of workers employed in sheltered and unsheltered agricultural undertakings, the Committee would thank the Government for continuing to supply all available information on the practical application of the Convention, including, for instance, extracts from reports of inspection services showing the number and nature of contraventions reported, sanctions imposed, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 101 should be classified as an outdated instrument and consequently States parties should be invited to denounce it and ratify at the same time the more recent Holidays with Pay Convention (Revised), 1970 (No. 132), which may no longer be fully up to date but remains relevant in certain respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). The Committee asks the Government to keep the Office informed of any decisions in this respect.

CMNT_TITLE

The Committee notes the information provided in the Government’s report. It requests the Government to supply further details on the following points.

The Wages Councils Act of 1953, as amended, under sections 10 and 11 makes provision for the duration of holidays and the statutory minimum holiday remuneration to be fixed by Wages Regulation Order of the Governor-General in order to give effect to the proposals of the Wage Councils. The Wages Councils (Agricultural Workers, Domestic Workers, Industrial Workers and Shop Assistants) Order (S.R.O. 24 of 1981) contains no further information on the relevant issues. The Wages Regulation (Agricultural Workers) Order, referred to in the index of subsidiary legislation under the Wages Council Act, is not available to the Committee.

The Committee requests the Government to indicate any provisions of the national legislation and administrative regulations, which give effect to the Convention, and to supply the relevant texts. Since, according to the Government, the Wages Council Act is to be reviewed, the Committee asks to be kept informed of any changes made to this Act.

Please also provide any additional information on inspections and statistical data concerning the number of workers covered by legislation on annual holidays with pay in agriculture, and the number and nature of the contraventions reported, as might become available by the Labour Market Survey, which was to be carried out with the assistance of the ILO Caribbean Office.