Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82) - Bermuda

The Committee notes from the Government's report that there is no specific protection of wages legislation, but that all the provisions prescribed by Articles 15 and 16 of the Convention are observed by means of collective agreements, custom and practice. It notes also that Articles 15 and 16 are under review in relation to local practices to determine the extent of the need to legislate or regulate.

The Committee recalls that it has asked the Government for a number of years to take measures to ensure the application of these provisions of the Convention. It would again point out that certain of the Convention's provisions require explicitly that action be taken to regulate the areas concerned. In respect of Article 16, it is difficult to see that local custom might have regulated the amount and manner of repayment of advances on wages, and made any advances in excess of this amount legally irrecoverable. Matters covered by Article 15 as well would appear to call for measures with force of law, unless covered explicitly by collective agreements which are applied to all employed persons. The Committee points out that the necessary measures could be taken by administrative regulation, and do not necessarily require that legislation be adopted.

The Committee therefore hopes that the Government will take the necessary measures to apply these Articles of the Convention. It requests it also to provide detailed information on the collective agreements, custom and practice in these regards.