Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the information provided in the Government's report in reply to its previous observation.

In its previous comments, the Committee recalled the request it made for a number of years asking the Government to take the necessary measures to ensure the application of the provisions prescribed by Articles 15 and 16 of the Convention. It also requested the Government to provide detailed information on the collective agreements, custom and practice in this regard.

In reply to these comments, the Government states that there is no specific wage legislation that provides for the protection of wages as prescribed by Articles 15 and 16 of the Convention. However, in 1994, the Minister for Labour requested the Labour Advisory Council to prepare a Code of good industrial relations practice. In June 1995, the Minister tabled this Code before the House of Parliament, together with a Guide to good employment practice. Both of these documents were produced with the cooperation of the social partners and focus on voluntary compliance. The Government further states that the provisions of Articles 15 and 16 of the Convention are therefore observed by means of a series of collective agreements, custom and practice and the voluntary Codes set out above. According to the Government, there has been no decision as to whether or not any social need will be met by putting into place legislation or regulations to conform with the spirit of the Convention as it is anticipated that the Code and the Guide will reinforce established good practice amongst the social partners in Bermuda.

With reference to its previous comments, the Committee notes with regret that the Government did not provide the detailed information requested on the above-mentioned collective agreements, custom and practice in line with Articles 15 and 16 of the Convention. The Committee again recalls in respect of Article 16, that it may be difficult, by means of local customs, to regulate the amount and the manner of repayment of advances in excess of this amount legally irrecoverable. Matters covered by Article 15 as well would appear to call for legal measures, unless covered explicitly by collective agreements which are applied to all employed persons. The Committee therefore requests the Government to specify if these collective agreements cover all employed persons and to provide a copy of these documents. In case these collective agreements do not cover all employed persons, the Committee trusts the Government will shortly take legal measures to comply with the protection of wages, as prescribed by Articles 15 and 16 of the Convention.

[The Government is asked to report in detail in 2000.]