Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Bahamas (Ratification: 1976)

Articles 1 and 2 of the Convention. Scope of minimum wage fixing machinery. Further to its previous comment, the Committee notes the Government’s reply that, owing to the current economic downturn, only the weekly minimum wage for all public sector workers has been increased from US$175 to $210, but not the national minimum wage. The Committee notes, however, that the Government did not reply to its inquiry as to whether there is any intention to provide for an institutional framework responsible for the periodic review of minimum wage rates. Accordingly, the Committee repeats its request for this information and asks to be informed of the nature of the body that decided not to increase the national minimum wage.

In this connection, the Committee recalls its 2009 general observation in which reference was made to the Global Jobs Pact, adopted by the International Labour Conference in June 2009, which places particular emphasis on the need to strengthen respect for international labour standards and expressly identifies wages-related ILO instruments as being relevant in order to prevent a downward spiral in labour conditions and build recovery (paragraph 14). It further suggests that governments should consider options such as minimum wages that can reduce poverty and inequity, increase demand and contribute to economic stability (paragraph 23) and points out that, in order to avoid deflationary wage spirals, minimum wages should be regularly reviewed and adapted (paragraph 12). The Committee accordingly requests the Government to provide information on any further developments concerning the readjustment of minimum wage rates or other wage policy measures taken or planned in connection with the current economic crisis.

Article 3(2), (1) and (2). Consultation with the social partners. The Committee notes the information contained in the Decent Work Country Programme for the Bahamas of April 2008 concerning the Tripartite Forum (TRIFOR). TRIFOR was convened as a one-day conference in October 2007 with the participation of some 300 tripartite constituents to provide a platform for discussing proposed amendments to the 2001 Employment Act while the revision of the minimum wage legislation is expected to be addressed at a future session. The Committee requests the Government to keep the Office informed of all future developments with respect to the revision of the Minimum Wages Act. It also requests the Government to hold tripartite consultations in a timely manner with regard to the possible ratification of the Minimum Wage Fixing Convention, 1970 (No. 131), in line with the relevant decisions of the ILO Governing Body concerning the limited relevance of Convention No. 26.

Article 5 and Part V of the report form. Application in practice. The Committee notes that the Decent Work Country Programme for the Bahamas aims at strengthening the capacity of the Department of Labour to compile, analyse and provide labour market information, as one of its short-term outcomes. The Committee trusts that the Office will extend any possible technical assistance in this respect as institutional strengthening is an essential precondition to the effective implementation of the Convention in law and practice. In the absence of any concrete indications in the Government’s report, however, the Committee is bound to reiterate its request for up to date information concerning the practical application of the Convention, including, for instance, statistical data on the evolution of minimum wage rates in recent years as compared to the evolution of economic indicators such as the consumer price index in the same period, the approximate number of workers paid at the minimum wage rate, if possible broken down by sex and age, labour inspection results, copies of official surveys or reports on issues related to minimum wage policy, etc.