Protection of Wages Convention, 1949 (No. 95) - Grenada (RATIFICATION: 1979)

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Article 8 of the Convention. Deductions from wages. The Committee notes that section 49(2) of the Employment Act enumerates the types of deductions that an employer is allowed to make from the remuneration due to an employee. The Committee observes that there seems to be no provisions in the national legislation which would set limits within which wage deductions can be made. Recalling that Article 8(1) of the Convention provides that deductions from wages shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award, the Committee requests the Government to indicate how it gives full effect to this provision of the Convention.

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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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:

Repetition

Article 16 of the Convention. Implementing legislation. The Committee notes that most of the requirements of the Convention are now given effect through the provisions of the Employment Act 1999. More concretely, it notes that under section 91(2) of the Employment Act several sections of the Protection of Wages Act 1973 (Cap. 260), which heretofore implemented the Convention, have been repealed. However, the Committee notes that certain provisions of the Protection of Wages Act among those which have not been repealed – and which therefore remain in force – overlap with provisions of the Employment Act regulating the same subject matter. For instance, section 27 of the Protection of Wages Act and section 87 of the Employment Act contain different provisions on the protection of wage claims in the case of the employer’s bankruptcy or insolvency. Similarly, section 28(c) of the Protection of Wages Act and section 88(1) of the Employment Act lay down different penalties for offences related to the protection of wages. The Committee would be grateful if the Government would provide clarification in this respect.

Moreover, the Committee understands that questions, such as the attachment of wages or the maintenance of wage records, which are not covered under the terms of the Employment Act continue to be regulated by the relevant provisions of the Protection of Wages Act, i.e. sections 26 and 30, respectively. The Committee would appreciate receiving additional explanations in this regard.

Part V of the report form. Practical application. Noting that no information of a practical nature has ever been provided in the Government’s reports, the Committee requests the Government to supply in its next report general information, including available statistics, copies of official documents such as annual reports of the Labour Commissioner, and extracts from inspection reports, concerning the manner in which the Convention is applied in practice.

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The Committee notes 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:

Repetition

Article 16 of the Convention. Implementing legislation. The Committee notes that most of the requirements of the Convention are now given effect through the provisions of the Employment Act 1999. More concretely, it notes that under section 91(2) of the Employment Act several sections of the Protection of Wages Act 1973 (Cap. 260), which heretofore implemented the Convention, have been repealed. However, the Committee notes that certain provisions of the Protection of Wages Act among those which have not been repealed – and which therefore remain in force – overlap with provisions of the Employment Act regulating the same subject matter. For instance, section 27 of the Protection of Wages Act and section 87 of the Employment Act contain different provisions on the protection of wage claims in the case of the employer’s bankruptcy or insolvency. Similarly, section 28(c) of the Protection of Wages Act and section 88(1) of the Employment Act lay down different penalties for offences related to the protection of wages. The Committee would be grateful if the Government would provide clarification in this respect.

Moreover, the Committee understands that questions, such as the attachment of wages or the maintenance of wage records, which are not covered under the terms of the Employment Act continue to be regulated by the relevant provisions of the Protection of Wages Act, i.e. sections 26 and 30, respectively. The Committee would appreciate receiving additional explanations in this regard.

Part V of the report form. Practical application. Noting that no information of a practical nature has ever been provided in the Government’s reports, the Committee requests the Government to supply in its next report general information, including available statistics, copies of official documents such as annual reports of the Labour Commissioner, and extracts from inspection reports, concerning the manner in which the Convention is applied in practice.

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The Committee notes that most of the requirements of the Convention are now given effect through the provisions of the Employment Act 1999. More concretely, it notes that under section 91(2) of the Employment Act several sections of the Protection of Wages Act 1973 (Cap. 260), which heretofore implemented the Convention, have been repealed. However, the Committee notes that certain provisions of the Protection of Wages Act among those which have not been repealed – and which therefore remain in force – overlap with provisions of the Employment Act regulating the same subject matter. For instance, section 27 of the Protection of Wages Act and section 87 of the Employment Act contain different provisions on the protection of wage claims in the case of the employer’s bankruptcy or insolvency. Similarly, section 28(c) of the Protection of Wages Act and section 88(1) of the Employment Act lay down different penalties for offences related to the protection of wages. The Committee would be grateful if the Government would provide clarification in this respect.

Moreover, the Committee understands that questions, such as the attachment of wages or the maintenance of wage records, which are not covered under the terms of the Employment Act continue to be regulated by the relevant provisions of the Protection of Wages Act, i.e. sections 26 and 30, respectively. The Committee would appreciate receiving additional explanations in this regard.

Part V of the report form. Noting that no information of a practical nature has ever been provided in the Government’s reports, the Committee requests the Government to supply in its next report general information, including available statistics, copies of official documents such as annual reports of the Labour Commissioner, and extracts from inspection reports, concerning the manner in which the Convention is applied in practice.

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The Committee notes 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:

1. The Committee notes the information provided by the Government in respect of Article 4 of the Convention. The Committee hopes that the Government will take all necessary measures to ensure that payment in the form of allowances in kind is limited to industries or occupations where it is customary or desirable, and that in cases where this form of payment is authorized, such allowances are appropriate for the personal use and benefit of the worker and his or her family, and that the value of such allowances is fair and reasonable.

2. Article 7. Further to its previous comments concerning the application of this Article, the Committee notes the Government’s statement that “in a small country like Grenada, where the population is spread quite evenly, there are no areas that can be considered remote from towns or villages”. The Committee would be grateful if the Government would include in its future reports information on any change in the situation in this regard.

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1.  The Committee notes the information provided by the Government in its report in respect of Article 4 of the Convention. The Committee hopes that the Government will take all necessary measures to ensure that payment in the form of allowances in kind is limited to industries or occupations where it is customary or desirable, and that in cases where this form of payment is authorized, such allowances are appropriate for the personal use and benefit of the worker and his or her family, and that the value of such allowances is fair and reasonable.

2.  Article 7.  Further to its previous comments concerning the application of this Article, the Committee notes the Government’s statement that "in a small country like Grenada, where the population is spread quite evenly, there are no areas that can be considered remote from towns or villages". The Committee would be grateful if the Government would include in its future reports information on any change in the situation in this regard.

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1. Further to its previous comments, the Committee notes the information in the Government's report, in particular concerning the application of Article 7 of the Convention, which indicates that no measures have been considered necessary to control employer stores and services under section 31 of the Protection of Wages Act of 1973, since no such practice has been known. The Committee would be grateful if the Government would include, in its future reports, information on any change in the situation in this regard.

2. Article 4. In reply to the Committee's comments, the Government indicates that the definition of the term "wages" and the restriction under section 23(2) of the Protection of Wages Act, under which the cash value of allowance in kind may not exceed one-third of the wages, provide adequate safeguards regarding allowances in kind. It also states that allowances in kind are always provided as a bonus without reducing the wages, statutory or fixed or approved by the trade unions. The Committee nevertheless hopes that appropriate measures will be taken at a suitable occasion to ensure that payment in the form of allowances in kind is limited to industries or occupations where it is customary or desirable, that, where authorized, such allowances are appropriate for the personal use and benefit of the worker and his or her family and that the value of such allowances is fair and reasonable. It asks the Government to indicate any measures taken to this end.

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With reference to its previous comments, the Committee notes the Government's repeated statement in its report that the Protection of Wages Act of 197g continues to apply and no subsidiary regulations have been adopted. It points out, however, that further measures should be taken to give full effect to the following Articles of the Convention:

1. Article 4 of the Convention. The Committee has noted that section 23(1) of the above Act authorises the agreement on giving allowances and privileges to a worker as part of the remuneration. It asks the Government to indicate the measures taken or envisaged to ensure that such allowances in kind are appropriate for the personal use and benefit of the worker and his family and that the value of such allowances is fair and reasonable.

2. Article 7. The Committee notes that no regulations have been made under section 31 of the above Act concerning the control of employer stores and services, including the control of prices. It asks the Government to indicate the measures taken (including penalties prescribed) or envisaged to ensure that such goods and services are provided at fair and reasonable prices.

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The Committee notes 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:

The Committee notes from the Government's report that the Protection of Wages Act of 1973 continues to apply and no regulations have been made under the principal legislation since 1973.

1. Article 4 of the Convention. The Committee refers to section 23(1) of the Protection of Wages Act, 1973, under which "nothing in this Act shall render illegal an agreement or contract with a worker for giving to him as a remuneration for his services, allowance or privileges in addition to his regular wages" leaving employers and workers free to agree on the giving of such allowances and privileges as part of the worker's remuneration. It asks the Government to indicate the measures taken or envisaged to bring the legislation into conformity with the provisions of Article 4 of the Convention (regulation of payment in kind).

2. Article 7. The Committee notes that section 31 of the Protection of Wages Act of 1973 prescribes regulatory authority with regard to the control of employer stores and services, including the control of prices. The Committee requests the Government to supply information on the measures taken (including penalties prescribed) or under consideration to ensure that such goods and services are provided at fair and reasonable prices.

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The Committee notes from the Government's report that the Protection of Wages Act of 1973 continues to apply and no regulations have been made under the principal legislation since 1973.

1. Article 4 of the Convention. The Committee refers to section 23(1) of the Protection of Wages Act, 1973, under which "nothing in this Act shall render illegal an agreement or contract with a worker for giving to him as a remuneration for his services, allowance or privileges in addition to his regular wages" leaving employers and workers free to agree on the giving of such allowances and privileges as part of the worker's remuneration. It asks the Government to indicate the measures taken or envisaged to bring the legislation into conformity with the provisions of Article 4 of the Convention (regulation of payment in kind).

2. Article 7. The Committee notes that section 31 of the Protection of Wages Act of 1973 prescribes regulatory authority with regard to the control of employer stores and services, including the control of prices. The Committee requests the Government to supply information on the measures taken (including penalties prescribed) or under consideration to ensure that such goods and services are provided at fair and reasonable prices.