Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Protection of Wages Convention, 1949 (No. 95) - Dominica (Ratification: 1983)

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The Committee notes the Government’s indication that the Labour Contracts Act No. 12 of 1983 has been replaced by Chapter 89:04 and that the Protection of Wages Ordinance (Cap. 115) has been replaced by Chapter 89:07 of the 1990 Revised Laws of Dominica.

Article 2 of the Convention. The Committee notes that, according to section 2 of the Protection of Wages Act (Chapter 89:07), the Act applies only to workers performing manual labour while workers engaged in clerical work are expressly excluded from its scope of application. The Committee further notes that under the Labour Contracts Act (Chapter 89:04), certain categories of workers other than manual workers (except notably for state employees, part-time workers and agricultural workers) also enjoy wage protection but only in so far as the method and periodicity of payment are concerned. The Committee invites the Government to consider introducing the necessary amendments in order to ensure that the protection contemplated in the Convention is extended to all workers who are not currently covered by the above Acts.

Article 4. The Committee notes that, according to section 13 of the Protection of Wages Act (Chapter 89:07), allowances in kind such as food or a dwelling place may be offered to a worker in addition to money wages with the exception of any intoxicating liquor. The Committee recalls that Article 4 of the Convention also prohibits the payment of wages in the form of noxious drugs in any circumstances (paragraph 1), and further requires that measures be taken to ensure that authorized allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that the value attributed to them is fair and reasonable (paragraph 2). The Committee requests the Government to indicate the measures taken or envisaged to give full effect to the provisions of the Convention in this respect.

Article 8. Further to its previous comments on this point, the Committee notes the Government’s reference to sections 2(1)(a) and 35(1)(a) of the Income Tax Act (Chapter 67:01) which relate to the determination of the amount of chargeable income but do not seem to have a direct bearing on the deduction of income tax from wages. The Committee asks the Government to refer once again to the content of Article 8 of the Convention and to specify the exact conditions and extent to which deductions from wages are permitted under existing laws or regulations. In this connection, the Committee would appreciate receiving a copy of the full text of the Income Tax Act.

Article 10. The Committee notes that, contrary to the Government’s indication, the question of attachment or assignment of wages is not regulated in the Protection of Wages Act (Chapter 89:07). The Committee stresses the importance of appropriate legislative provisions on these matters offering adequate protection to the worker and his/her family against an excessive or unfair decrease in his/her remuneration. The Committee requests the Government to clarify where its legislation stands in this connection and supply a copy of any relevant legal text.

Article 12(2). The Committee notes the Government’s statement to the effect that no measures have been taken to ensure compliance with this provision of the Convention. The Committee recalls that the principle of regular payment of wages, as set out in the Convention, finds expression not only in the periodicity of payments, as may be fixed by laws or regulations, but also in the obligation for a final settlement of all wages due to be effected within a reasonable period of time upon the termination of the contract of employment.

The Committee trusts that the Government will soon be in a position to indicate that the necessary measures have been taken to bring its legislation into conformity with the Convention.