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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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

Article 1 of the Convention. Minimum wage fixing machinery. In its previous comments, the Committee had requested the Government to indicate whether any tripartite consultative body had been set up for the purpose of periodically reviewing minimum wage rates. In its latest report, the Government states that owing to the global financial crisis, the national minimum wage remains unchanged at the level fixed in 2002, i.e. US$150 per week. The Committee recalls its 2009 general observation in which it pointed out that the periodic review and adjustment of minimum wage rates is an absolute prerequisite to the meaningful operation of any minimum wage system. The creation and maintenance of the machinery for wage fixing is the necessary precursor and an indispensable requirement. The Committee accordingly asks the Government to provide additional information on any consideration given to the possibility of establishing any institutional framework which would be responsible for reviewing and readjusting from time to time minimum wage rates.

Article 3. Consultation with the social partners. The Committee had previously noted that the revision of the minimum wage legislation was expected to be addressed at a future session of the Tripartite Forum (TRIFOR), and had asked the Government to keep the Office informed of all developments regarding the revision of the Minimum Wages Act of 2002 and the outcome of tripartite consultations on the possible ratification of the Minimum Wage Fixing Convention, 1970 (No. 131). The Committee notes that the Government is still not in a position to indicate any progress in these matters. The Committee therefore requests the Government to continue to provide information on all future developments regarding the revision of the minimum wage system, including any progress made by the TRIFOR Committee concerning the amendment of the Minimum Wages Act.

Article 5 and Part V of the report form. Practical application. The Committee would be grateful if the Government would provide up-to-date information on the manner in which the Convention is applied in practice, including the number of workers remunerated at the minimum wage rate, extracts from inspection reports indicating any infringements of the minimum wage legislation and copies of official studies addressing minimum wage policy issues.

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

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.

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

Articles 1 and 2 of the Convention. Scope of minimum wage fixing machinery. The Committee notes the Government’s statement that the statutory minimum wage rates in force apply to all workers without exception and that no ministerial order has so far been issued under section 3(3) of the Minimum Wages Act which empowers the Minister of Labour to exclude from the coverage of the Act certain classes of persons or occupations. The Government adds that the application of minimum wages will not be adjusted or amended in any way without prior consultations with employers’ and workers’ organizations in accordance with the Government’s commitments under the Bahamas’ Decent Work Country Programme.

In addition, the Committee understands that the national minimum wage, which came into effect in 2002, remains unchanged at US$150 per week, and notes that there have been calls for a significant increase of that rate in light of the rising cost of living.  The Committee recalls, in this respect, that under part III of the Minimum Wage-Fixing Machinery Recommendation, 1928 (No. 30), in determining minimum wage rates the wage-fixing body should in any case take account of the necessity of enabling the workers concerned to maintain a suitable standard of living. It accordingly requests the Government to provide some indication as to whether the current level of the national minimum wage may be regarded as sufficient to ensure a decent standard of living to workers and their families. It also requests the Government to indicate whether there is any intention to eventually provide for an institutional framework responsible for the periodic review of minimum wage rates.

Article 3, paragraph 2(1) and (2). Consultation with the social partners. Further to its previous comment on this point, the Committee notes that the Government has undertaken to review the existing legislation in respect of minimum wages and that it pursues its consultations to this end. The Government states, in this connection, that although no advisory committees have so far been set up under section 14(b) of the Minimum Wages Act, the TRIFOR committee has been assigned the responsibility to oversee any future amendments to the Minimum Wages Act. The Committee understands that the TRIFOR committee is a tripartite forum for social dialogue originally launched in 2000 and reactivated in 2007 which is currently in the process of reviewing the Employment Act, 2002. The Committee requests the Government to continue to provide information on all future developments regarding the revision of the minimum wage system, in particular the full consultation and direct participation of employers’ and workers’ organizations at all stages of the establishment, operation and modification of the minimum wage fixing machinery. It would also appreciate receiving additional information on the establishment, membership and mandate of the TRIFOR committee.

Article 5 and Part V of the report form. While noting the Government’s statement that there are currently no workers in the country who are remunerated at less than the statutory minimum wage rate, the Committee once again requests the Government to provide up to date information on the effect given to the Convention in practice including, for instance, statistical information on the evolution of minimum pay rates both in the public and the private sector as compared to the evolution of economic indicators such as the consumer price index in recent years; the approximate number of workers remunerated at the minimum pay rate, if possible broken down by sex and age; labour inspection results; extracts from official studies or reports on minimum wage policy, etc.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131) which contains certain improvements compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee considers that the ratification of Convention No. 131 is all the more advisable as the Bahamas has already a statutory minimum wage of general application (and not only minimum wages for those workers employed in exceptionally low-paid trades where no arrangements for collectively negotiated wages exist, as prescribed by Convention No. 26). The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret 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:

Articles 1 and 2 of the Convention. The Committee notes that under section 4(1) of the Minimum Wages Act, 2002, the statutory minimum wage rates have been fixed at 4 dollars for the employees employed by the hour, 30 dollars for those employed by the day, and 150 dollars for the employees paid by the week. It also notes that, contrary to some earlier indications, the new Minimum Wages Act does not exclude from its scope of application certain categories of workers, such as domestic workers and pump attendants, but applies to all employees of both private sector and public service. Moreover, the Committee notes that, by virtue of section 3(3) of the same Act, the Minister of Labour may by order provide that the provisions of the Act shall not apply in relation to persons or employments of such classes as may be specified in the order. In this connection, the Committee is bound to recall that Article 2 of the Convention requires prior consultations with the representative organizations of employers and workers concerned before any exceptions from the coverage of minimum wages may be authorized. The Committee requests therefore the Government to indicate the measures taken or envisaged to ensure that no categories of workers are excluded from the application of minimum wages without the employers’ and workers’ organizations concerned being consulted in advance, and also to specify whether any ministerial order has already been issued under the permissive provision of section 3(3) of the Minimum Wages Act.

Article 3, paragraph 2(1) and (2). The Committee notes the Government’s statement in its last report that it considered reviewing the existing minimum wages legislation so that it no longer be of general application but make separate provisions for each industrial sector or occupational category. While noting that the Government has invited input in this regard from all the stakeholders in a spirit of industrial tripartism, the Committee stresses the need for employers and workers concerned to be associated in the operation of the minimum wage fixing machinery not just by sending written inputs, but by actually participating in equal numbers and on equal terms as set out in this Article of the Convention. The Committee therefore requests the Government to keep it informed of any new developments, in law or practice, in respect of the determination of minimum wage rates. In addition, the Committee would appreciate if the Government could specify whether any regulations have been issued under section 14(b) of the Minimum Wages Act providing for the establishment of committees to advise the Minister on any matters arising in relation to the administration of this Act, and if so, to supply the text of such regulations.

Article 5 and Part V of the report form. Further to its previous comment on this point, the Committee notes the Government’s indication in its last report that the Department of Labour was in the process of collecting relevant statistical information to be submitted when compiled by sector, and also that certain cases involving minimum wage issues were currently pending before the Industrial Tribunal. The Committee renews therefore its request for up to date and detailed information regarding the application of the Convention in practice, including, for instance, the minimum wage rates in force in the private sector, statistics on the number of workers covered by minimum wages legislation, extracts from inspection reports showing the number of infringements and sanctions imposed, texts of judicial decisions discussing questions of principle relating to the application of the Convention as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.

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

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 with interest the adoption of the Minimum Wages Act, 2002.

Articles 1 and 2 of the Convention. The Committee notes that under section 4(1) of the Minimum Wages Act, 2002, the statutory minimum wage rates have been fixed at 4 dollars for the employees employed by the hour, 30 dollars for those employed by the day, and 150 dollars for the employees paid by the week. It also notes that, contrary to some earlier indications, the new Minimum Wages Act does not exclude from its scope of application certain categories of workers, such as domestic workers and pump attendants, but applies to all employees of both private sector and public service. Moreover, the Committee notes that, by virtue of section 3(3) of the same Act, the Minister of Labour may by order provide that the provisions of the Act shall not apply in relation to persons or employments of such classes as may be specified in the order. In this connection, the Committee is bound to recall that Article 2 of the Convention requires prior consultations with the representative organizations of employers and workers concerned before any exceptions from the coverage of minimum wages may be authorized. The Committee requests therefore the Government to indicate the measures taken or envisaged to ensure that no categories of workers are excluded from the application of minimum wages without the employers’ and workers’ organizations concerned being previously consulted, and also to specify whether any ministerial order has already been issued under the permissive provision of section 3(3) of the Minimum Wages Act.

Article 3, paragraph 2(1) and (2). The Committee notes the Government’s statement that it considers reviewing the existing minimum wages legislation so that it no longer be of general application but make separate provisions for each industrial sector or occupational category. While noting that the Government has invited input in this regard from all the stakeholders in a spirit of industrial tripartism, the Committee stresses the need for employers and workers concerned to be associated in the operation of the minimum wage fixing machinery not just by sending written inputs, but by actually participating in equal numbers and on equal terms as set out in this Article of the Convention. The Committee therefore requests the Government to keep it informed of any new developments, in law or practice, in respect of the determination of minimum wage rates. In addition, the Committee would appreciate if the Government could specify whether any regulations have been issued under section 14(b) of the Minimum Wages Act providing for the establishment of committees to advise the Minister on any matters arising in relation to the administration of this Act, and if so to supply the text of such regulations.

Article 5 and Part V of the report form. Further to its previous comment on this point, the Committee notes the Government’s indication that the Department of Labour is in the process of collecting relevant statistical information to be submitted when compiled by sector, and also that certain cases involving minimum wage issues are currently pending before the Industrial Tribunal. The Committee renews therefore its request for up-to-date and detailed information regarding the application of the Convention in practice, including statistics on the number of workers covered by minimum wages legislation, extracts from inspection reports showing the number of infringements and sanctions imposed, texts of judicial decisions discussing questions of principle relating to the application of the Convention as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.

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

The Committee notes with interest the information supplied by the Government in its report, in particular the adoption of the Minimum Wages Act, 2002.

Articles 1 and 2 of the Convention. The Committee notes that under section 4(1) of the Minimum Wages Act, 2002, the statutory minimum wage rates have been fixed at 4 dollars for the employees employed by the hour, 30 dollars for those employed by the day, and 150 dollars for the employees paid by the week. It also notes that, contrary to some earlier indications, the new Minimum Wages Act does not exclude from its scope of application certain categories of workers, such as domestic workers and pump attendants, but applies to all employees of both private sector and public service. Moreover, the Committee notes that, by virtue of section 3(3) of the same Act, the Minister of Labour may by order provide that the provisions of the Act shall not apply in relation to persons or employments of such classes as may be specified in the order. In this connection, the Committee is bound to recall that Article 2 of the Convention requires prior consultations with the representative organizations of employers and workers concerned before any exceptions from the coverage of minimum wages may be authorized. The Committee requests therefore the Government to indicate the measures taken or envisaged to ensure that no categories of workers are excluded from the application of minimum wages without the employers’ and workers’ organizations concerned being previously consulted, and also to specify whether any ministerial order has already been issued under the permissive provision of section 3(3) of the Minimum Wages Act.

Article 3, paragraph 2(1) and (2). The Committee notes the Government’s statement that it considers reviewing the existing minimum wages legislation so that it no longer be of general application but make separate provisions for each industrial sector or occupational category. While noting that the Government has invited input in this regard from all the stakeholders in a spirit of industrial tripartism, the Committee stresses the need for employers and workers concerned to be associated in the operation of the minimum wage fixing machinery not just by sending written inputs, but by actually participating in equal numbers and on equal terms as set out in this Article of the Convention. The Committee therefore requests the Government to keep it informed of any new developments, in law or practice, in respect of the determination of minimum wage rates. In addition, the Committee would appreciate if the Government could specify whether any regulations have been issued under section 14(b) of the Minimum Wages Act providing for the establishment of committees to advise the Minister on any matters arising in relation to the administration of this Act, and if so to supply the text of such regulations.

Article 5 and Part V of the report form. Further to its previous comment on this point, the Committee notes the Government’s indication that the Department of Labour is in the process of collecting relevant statistical information to be submitted when compiled by sector, and also that certain cases involving minimum wage issues are currently pending before the Industrial Tribunal. The Committee renews therefore its request for up-to-date and detailed information regarding the application of the Convention in practice, including statistics on the number of workers covered by minimum wages legislation, extracts from inspection reports showing the number of infringements and sanctions imposed, texts of judicial decisions discussing questions of principle relating to the application of the Convention as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.

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

The Committee notes the information contained in the Government’s report in reply to its previous request.

Articles 1 and 3, paragraph 1, of the Convention. The Committee notes the Government’s indication that the Minimum Wages Act 2000, which provides for the setting up of a minimum wage-fixing machinery, is currently being debated in Parliament. The Committee also notes that, while at present the only minimum wage fixed is that in the public sector for government employees ($4.25 per hour), the new Minimum Wage Bill provides for the establishment of minimum wage rates for several categories of workers in the private sector. Recalling that the Government has been stating for the last four years that new legislation better reflecting the provisions of the Convention is under parliamentary consideration, the Committee again expresses the hope that the Minimum Wage Bill will be adopted in the very near future and requests the Government to transmit a copy of this text as soon as it is adopted.

Article 2. The Committee notes the Government’s statement to the effect that domestic house workers and domestic servants are excluded from the scope of application of the draft Minimum Wages Act, currently under consideration by Parliament, and that their minimum wage will be fixed at $30 per day or $150 per week for five days. The Committee asks the Government to specify the legislative or regulatory provisions by virtue of which those rates will be fixed and also provide copies of collective agreements, if any, applicable to this category of workers.

Article 5 and Part V of the report form. The Committee notes the Government’s indication that the minimum wage rate proposed for the private sector is $170 per week and that detailed information on the number of workers covered by minimum provisions or results of labour inspection will be provided in future reports after the implementation of the new legislation on minimum wages in the private sector. The Committee hopes that the Government will soon be in a position to provide all required information on the effect given in practice to the Convention, including, for instance, the minimum wage rates in force by sector and occupational category, statistics on the number of workers covered by relevant legislation, inspection reports containing information on the number and nature of violations observed and penalties imposed, and any other particulars bearing on the operation of the minimum wage-fixing machinery.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

Articles 2 and 3, paragraph 1, of the Convention. The Committee notes the Government's indication that only a minimum wage for the public sector ($4.12 per hour) has been established. The Government further indicates that the new Minimum Labour Standards Bill reflects more closely the provisions and content of the Convention, and it is envisaged that the wage council and other mechanisms will then be implemented.

The Committee hopes that the new Minimum Labour Standards Bill will soon be adopted by Parliament. It requests the Government to provide a copy of this text as soon as it is adopted.

Article 3, paragraph 3. The Committee notes the Government's indication that domestic house workers and domestic servants are excluded from the scope of application of the minimum wage regulations. It asks the Government to provide information on the labour provisions that are applicable to domestic house workers and domestic servants, and to indicate whether they include provisions concerning minimum wages or if there are collective agreements applicable to these categories of workers.

Article 5 and Part V of the report form. The Committee notes the Government's indication that the statistics desired are not available. It hopes that the Government will soon be in a position to provide, in accordance with these provisions of the Convention, general information on the application of the Convention in practice, including: (i) the minimum wage rates in force in the private sector; (ii) approximate data on number and different categories of workers covered by minimum provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.).

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

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 following matters raised in its previous direct request:

Articles 2 and 3, paragraph 1, of the Convention. The Committee once again notes that no effective measures have been taken to set up the minimum wage councils provided for in the Fair Labour Standards Act of 21 October 1992. It reiterates the hope that the Government will report in the near future on the measures taken or envisaged for this purpose, including the consultations held in this connection with the employers' and workers' organizations concerned, in accordance with the relevant provisions of the Convention.

Article 5. The Committee asks the Government to provide a copy of the collective agreements on minimum wages concluded by the employers' and workers' organizations concerned. In addition, it again requests the Government to provide information on the practical application of the Convention, as required by this Article.

The Committee trusts that the Government will provide full information on the above matters.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report in reply to its previous comments.

Articles 2 and 3, paragraph 1, of the Convention. The Committee once again notes that no effective measures have been taken to set up the minimum wage councils provided for in the Fair Labour Standards Act of 21 October 1992. It reiterates the hope that the Government will report in the near future on the measures taken or envisaged for this purpose, including the consultations held in this connection with the employers' and workers' organizations concerned, in accordance with the relevant provisions of the Convention.

Article 5. The Committee asks the Government to provide a copy of the collective agreements on minimum wages concluded by the employers' and workers' organizations concerned. In addition, it again requests the Government to provide information on the practical application of the Convention, as required by this Article.

The Committee trusts that the Government will provide full information on the above matters.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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 following matters raised in its previous direct request:

Articles 2 and 3, paragraph 1, of the Convention. The Committee noted that no minimum wage council had been activated. The Committee requests the Government again to indicate what consultations have taken place with the employers' and workers' organizations concerned in accordance with the requirements of these provisions of the Convention, and to supply information on the progress in activating the proposed minimum wage council.

Article 5. The Committee, noting that minimum wages are fixed by collective bargaining agreements, asks the Government to supply information concerning the application of the Convention in practice as is required by this Article.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report received in January 1992 contains no reply to its comments. 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 following matters raised in its previous direct request:

Articles 2 and 3, paragraph 1, of the Convention. The Committee noted that no minimum wage council had been activated. The Committee requests the Government again to indicate what consultations have taken place with the employers' and workers' organizations concerned in accordance with the requirements of these provisions of the Convention, and to supply information on the progress in activating the proposed minimum wage council.

Article 5. The Committee, noting that minimum wages are fixed by collective bargaining agreements, asks the Government to supply information concerning the application of the Convention in practice as is required by this Article.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Articles 2 and 3, paragraph 1, of the Convention. The Committee notes from the Government's report that no minimum wage council has been activated because of lack of regulations. The Committee requests the Government again to indicate in its next report what consultations have taken place with the employers' and workers' organisations concerned in accordance with the requirements of these provisions of the Convention, and to supply information on the progress in activating the proposed minimum wage council.

Article 5. The Committee, noting that minimum wages are fixed by collective bargaining agreements, asks the Government to supply information concerning the application of the Convention in practice as is required by this Article.