Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Labour Administration Convention, 1978 (No. 150) - St Helena

Legislation. The Committee welcomes the adoption and coming into force of the Employment Rights Ordinance (ERO) which includes minimum wage regulations and employment rights regulations, a copy of which has been attached to the Government’s report.

Article 6 of the Convention. Restructuring of the labour administration services. Activities of the bodies entrusted with labour administration functions. The Committee notes the information provided by the Government under the Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85) concerning the ongoing restructuring of the labour administration services.

In this regard, the Committee notes that: (i) the Social and Community Development Committee is now responsible for overseeing employment policy and legislation; (ii) the Education and Employment Directorate is currently responsible for employment matters; (iii) the Employment Rights Committee is entrusted with providing recommendations in relation to the national minimum wage, in accordance with section 8 of the ERO; and (iv) the Labour Regulating Authority (LRA) is, among other things, entrusted with the investigation and determination of claims made by employees under the ERO, in accordance with its section 4 (for instance, relating to wages, working hours and leave periods). The Committee requests that the Government provide an organizational chart of the labour administration services following its restructuring, and describe the composition and functions of the bodies within this system. Welcoming the comprehensive report of the Employment Rights Committee that is attached to the Government’s report, the Committee requests that the Government also provide information on the activities of the other bodies of the labour administration system (i.e. the Social and Community Development Committee, the Education and Employment Directorate and the LRA) and to provide any reports on their activities, where applicable.

Article 10. Status and conditions of service of the staff of the labour administration system. The Committee notes the information provided by the Government that the staff employed in the Human Resources section of Corporate Services (responsible for the recruitment of government officials) and those employed in the Education and Employment Directorate (responsible for employment matters) are governed by the Government’s Code of Management, which provides for more favourable terms and conditions of employment than those prescribed by the ERO. The Committee further notes the Government’s information in relation to the allocation of financial resources in respect of the employment of labour administration staff. The Committee requests that the Government supply information on the status and conditions of service of all staff working within the labour administration system (including those not working in the Human Resources section of Corporate Services and the Education and Employment Directorate). The Committee also requests that the Government provide, where applicable, relevant texts governing the status and conditions of their service.