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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s report, particularly the comprehensive information provided in the 2016 Population and Housing Census: Report and the 2017 National Economic Report of Bermuda. In this regard, it notes the detailed statistics, disaggregated by age and sex, on the economy and demographic trends, which indicate an ageing population, as well as on migration trends, access to health insurance, education levels, and the economically active population. The Committee further notes the Government’s indication that the situation has remained stable in relation to national standards of living and economic performance since its previous report. The Committee requests the Government to keep the Office informed of the impact of measures taken to give effect to the provisions of the Convention, to enable the Committee to assess the progress made over time in realizing the objectives of the Convention. In particular, it invites the Government to continue to provide detailed information, including disaggregated statistical data on the economic and social development of Bermuda, illustrating that the improvement of standards of living has been regarded as the principal objective in the planning of economic development, in accordance with Article 6 of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Part III of the Convention. Improvement of standards of living and other objectives of the social policy. The Committee notes the report provided by the Government in October 2013 which includes a copy of the 2010 Census of Population and Housing and the 2012 National Economic Report of Bermuda. The Committee would welcome continuing to examine information on the impact of the measures adopted illustrating that the improvement of standards of living has been regarded as the principal objective in the planning of economic development.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Part III of the Convention. Improvement of standards of living and other objectives of the social policy. The Committee notes that the Government provided very brief reports in November 2009 and January 2011. It again asks the Government to supply a report containing detailed information regarding the economic and social development of Bermuda, including updated data illustrating that the improvement of standards of living has been regarded as the principal objective in the planning of economic development.

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

The Committee notes the succinct report provided by the Government in November 2009. It refers to its 2005 observation and requests the Government to supply a report containing information dealing with the economic and social development of Bermuda, including updated data illustrating that the improvement of standards of living has been regarded as the principal objective in the planning of economic development (Part III of the Convention. Improvement of standards of living and other objectives of the social policy).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2005 observation, which read as follows:

1. Part V. Remuneration of workers. The Committee notes the information provided by the Government in its report of April 2004. It takes note with satisfaction of the adoption of the Employment Act 2000, which came into force in March 2002 and which addresses a number of issues previously raised by the Committee, relating to protection of wages (Articles 15 and 16 of the Convention). It particularly notes with interest the definition of wages contained in section 3 of the Act as well as the provisions of sections 7 and 8 concerning itemized pay statements and unauthorized deductions.

2. Part III. Improvement of standards of living and other objectives of the social policy. The Committee hopes that in its next report the Government will keep providing information dealing with the economic and social development of Bermuda, including updated data illustrating that the improvement of standards of living has been regarded as the principal objective in the planning of economic development.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Part V. Remuneration of workers. The Committee notes the information provided by the Government in its report of April 2004. It takes note with satisfaction of the adoption of the Employment Act 2000, which came into force in March 2002 and which addresses a number of issues previously raised by the Committee, relating to protection of wages (Articles 15 and 16 of the Convention). It particularly notes with interest the definition of wages contained in section 3 of the Act as well as the provisions of sections 7 and 8 concerning itemized pay statements and unauthorized deductions.

2. Part III. Improvement of standards of living and other objectives of the social policy. The Committee hopes that in its next report the Government will keep providing information dealing with the economic and social development of Bermuda, including updated data illustrating that the improvement of standards of living has been regarded as the principal objective in the planning of economic development.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Bermuda

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

In reply to the Committee’s previous observation, the Government indicates that the Minister responsible for labour in the new Government elected in November 1998 has determined that the voluntary system which was based on the Code of Good Industrial Relations Practice and the Guide to Good Employment Practice had not been effective. Consequently, the Government intends to adopt new employment legislation and is currently preparing a draft Bill which will be circulated to the members of the tripartite Labour Advisory Council before it is tabled before the House of Parliament. While noting the Government’s statement that the new legislation is expected to address a number of labour standards, including the protection of wages as prescribed by Articles 15 and 16 of the Convention, the Committee hopes that the draft Bill currently under preparation will be adopted in the very near future and recalls that the Government may avail itself of the technical assistance of the ILO in this regard. It asks the Government to communicate in its next report any progress made in this matter on which the Committee has been commenting for many years.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report. In reply to the Committee’s previous observation, the Government indicates that the Minister responsible for labour in the new Government elected in November 1998 has determined that the voluntary system which was based on the Code of Good Industrial Relations Practice and the Guide to Good Employment Practice had not been effective. Consequently, the Government intends to adopt new employment legislation and is currently preparing a draft Bill which will be circulated to the members of the tripartite Labour Advisory Council before it is tabled before the House of Parliament. While noting the Government’s statement that the new legislation is expected to address a number of labour standards, including the protection of wages as prescribed by Articles 15 and 16 of the Convention, the Committee hopes that the draft Bill currently under preparation will be adopted in the very near future and recalls that the Government may avail itself of the technical assistance of the ILO in this regard. It asks the Government to communicate in its next report any progress made in this matter on which the Committee has been commenting for many years.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

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 Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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.]

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

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.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes from the Government's 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 under review in relation to local practices to determine 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 of the Convention's provisions require explicitly that action be taken to regulate the areas concerned. In respect of Article 16, it is difficult to see that local custom might have regulated the amount and manner of repayment of advances on wages, and made 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 that legislation be adopted.

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 these regards.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes the Government's intention to review Articles 15 and 16 of the Convention in relation to local practices to determine the extent of the need to legislate or to adopt regulations in order to conform with the spirit of the Convention in due course. The Committee hopes that the Government will take the necessary measures to ensure the application of these provisions of the Convention. It would be grateful if the Government would indicate in its next report the measures taken in this respect.