Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

With reference to its earlier comments concerning the absence of any provision contained in laws or regulations to ensure the protection of wages, the Committee notes that there has been no progress in this field and that the Government simply repeats in its 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 still under review and that no decision has been made as to 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 provisions of the Convention require explicitly that action be taken to regulate the areas concerned. In respect of Article 16, it may be difficult by means of local custom to regulate the amount and manner of repayment of advances on wages, and to make 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 the adoption of legislation.

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 this regard.