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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wage) and 95 (protection of wages) together.

The Committee notes with deep concern that the Government’s reports on Conventions Nos 26 and 95, due since 2016, have not been received. In light of its urgent appeals launched to the Government in 2019 and 2020, the Committee proceeds with the examination of the application of Conventions Nos 26 and 95 on the basis of the information at its disposal.

Articles 1, 2 and 3 of Convention No. 26. Minimum wage-fixing machinery and its coverage. Participation of social partners. The Committee previously noted that, following the implementation in 2008 of the minimum wage recommended by an advisory board in 1998, a new Minimum Wage Advisory Board (MWAB), comprising representatives of the Ministries of Finance and Agriculture as well as three employer and three worker members, was appointed to raise the minimum wage based on information from all stakeholders and comparative data from countries within the Caribbean Community.

The Committee notes that, according to a press release published on the Government’s official website, the Minister with responsibility for labour indicates that: (i) the Cabinet of Dominica has taken the decision to increase the minimum wage, effective from 1 September 2021, set per categories of workers, seeking to cover the most vulnerable ones; (ii) this revision was carried out through consultations with all stakeholders (including within the MWAB), a market survey and technical assistance from the ILO; (iii) this minimum wage review is a first step of an annual or bilateral review undertaken to refine the minimum wage and to monitor the effects of the new minimum wage for the relevant categories. The Committee requests the Government to provide information on any development regarding the envisaged review of the minimum wage in the country, including details on consultations held within the framework of the Minimum Wage Advisory Board or on any other form of participation by employers’ and workers’ representatives in this regard.

Article 2 of Convention No. 95. Scope of application. The Committee had previously noted that the Protection of Wages Act only applies to workers performing manual labour, while clerical workers are excluded from its scope of application (section 2). It had also noted that under the Labour Contracts Act, 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 insofar as the method and periodicity of payment are concerned. Based on this, the Committee had requested the Government to ensure that the protection contemplated in the Convention is extended to all workers who are not currently covered by the above Acts. The Committee notes that there seems to be no information publicly available indicating that progress has been made in this regard. The Committee recalls that, in its first report, the Government did not indicate any category of persons which it proposed to exclude from the application of all or any of the provisions of the Convention, in accordance with Article 2(1) of the Convention. The Committee once again requests the Government to take the necessary measures to ensure that the protection contemplated in the Convention is extended to all workers who are not currently covered by the abovementioned Acts.

Article 4. Partial payment of wages in kind. In previous comments, the Committee noted that section 13 of the Protection of Wages Act provides that nothing in this Act shall render illegal an agreement or contract with a worker for giving to him food, a dwelling place or other allowance or privileges in addition to money wages as a remuneration for his services, but so that no employer shall give to a worker any intoxicating liquor by way of such remuneration. In this respect, the Committee recalled that only the payment of part of the wage in kind can be authorized under Article 4, and that adequate measures must be taken to ensure that: (i) such allowances are appropriate for the personal use and benefit of the worker and his or her family; and (ii) the value attributed to such allowances is fair and reasonable. The Committee notes that no available information seems to indicate that progress has been made in this regard. The Committee requests the Government to take the necessary measures to ensure that full effect is given to this Article of the Convention and to provide information on any progress made in this regard.

Article 8. Deductions from wages. The Committee notes that section 8 of the Protection of Wages Act prohibits deductions except in the case of injury to materials or other property of an employer occasioned by the wilful misconduct or neglect of a worker. It also notes that section 19 of the same Act prescribes that an employer may, with the consent of the worker, make deductions from the wages of the worker and pay to the appropriate person any contributions to provident or pension funds or schemes agreed to by the worker and approved by the Labour Commissioner. Noting that no specific limits are established in the abovementioned Act in relation to the amounts of possible deductions and that no overall limit exists in the legislation, the Committee recalls that, in addition to setting specific limits for each type of deduction, it is also important to establish an overall limit beyond which wages cannot be further reduced, in order to protect the income of workers in the case of multiple deductions. The Committee requests the Government to provide information on the measures taken or envisaged in this regard and on the application of section 8 of the Protection of Wages Act, in practice, particularly regarding the procedure in place for the determination of workers’ liability in this context.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2, 4, 8, 10 and 12 of the Convention. Scope of application, partial payment of wages in kind, wage deductions, attachment and assignment of wages, and payment of wages at regular intervals. The Committee has been drawing the Government’s attention for a number of years to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and has been suggesting that appropriate steps be taken to give full effect to the requirements of Articles 2, 4, 8, 10 and 12 of the Convention. In a previous report, the Government states that regrettably there has been no change to national legislation but adds that the amendment of the labour legislation has been included in its Decent Work Agenda with a view to bringing national law in full compliance with the provisions of the Convention. The Committee once again requests the Government to take the necessary measures in the very near future in order to give full effect to the above-referenced provisions of the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2, 4, 8, 10 and 12 of the Convention. Scope of application, partial payment of wages in kind, wage deductions, attachment and assignment of wages, and payment of wages at regular intervals. The Committee has been drawing the Government’s attention for a number of years to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and has been suggesting that appropriate steps be taken to give full effect to the requirements of Articles 2, 4, 8, 10 and 12 of the Convention. In a previous report, the Government states that regrettably there has been no change to national legislation but adds that the amendment of the labour legislation has been included in its Decent Work Agenda with a view to bringing national law in full compliance with the provisions of the Convention. The Committee once again requests the Government to take the necessary measures in the very near future in order to give full effect to the above-referenced provisions of the Convention.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

Repetition

Articles 2, 4, 8, 10 and 12 of the Convention. Scope of application, partial payment of wages in kind, wage deductions, attachment and assignment of wages, and payment of wages at regular intervals. The Committee has been drawing the Government’s attention for a number of years to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and has been suggesting that appropriate steps be taken to give full effect to the requirements of Articles 2, 4, 8, 10 and 12 of the Convention. In a previous report, the Government states that regrettably there has been no change to national legislation but adds that the amendment of the labour legislation has been included in its Decent Work Agenda with a view to bringing national law in full compliance with the provisions of the Convention. The Committee once again requests the Government to take the necessary measures in the very near future in order to give full effect to the above-referenced provisions of the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2, 4, 8, 10 and 12 of the Convention. Scope of application, partial payment of wages in kind, wage deductions, attachment and assignment of wages, and payment of wages at regular intervals. The Committee has been drawing the Government’s attention for a number of years to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and has been suggesting that appropriate steps be taken to give full effect to the requirements of Articles 2, 4, 8, 10 and 12 of the Convention. In a previous report, the Government states that regrettably there has been no change to national legislation but adds that the amendment of the labour legislation has been included in its Decent Work Agenda with a view to bringing national law in full compliance with the provisions of the Convention. The Committee once again requests the Government to take the necessary measures in the very near future in order to give full effect to the above-referenced provisions of the Convention.

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

Articles 2, 4, 8, 10 and 12 of the Convention. Scope of application, partial payment of wages in kind, wage deductions, attachment and assignment of wages, and payment of wages at regular intervals. The Committee has been drawing the Government’s attention for the last ten years to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and has been suggesting that appropriate steps be taken to give full effect to the requirements of Articles 2, 4, 8, 10 and 12 of the Convention. In its last report, the Government states that regrettably there has been no change to national legislation but adds that the amendment of the labour legislation has been included in its Decent Work Agenda with a view to bringing national law in full compliance with the provisions of the Convention. The Government also indicates that the possibility of receiving technical assistance from the Office has been discussed with the ILO Caribbean Regional Office and that a local professional has been identified to help with legal drafting. The Committee once again requests the Government to take the necessary measures in the very near future in order to give full effect to the above-referenced provisions of the Convention.

Part V of the report form. Application in practice. Noting that to date, the Government has not provided any general information on the application of the Convention in practice, the Committee requests the Government to transmit together with its next report all relevant information, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of applicable collective agreements containing clauses on wage conditions, extracts from labour inspection reports showing the number of inspections carried out, any contraventions observed and sanctions imposed, as well as any difficulties experienced in the enforcement of the Protection of Wages Act.

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

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 2, 4, 8, 10 and 12 of the Convention. Modifications and supplements to implementing legislation. The Committee recalls its previous comments in which it drew attention to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and requested the Government to take all necessary measures in order to give full effect to the requirements of Articles 2 (scope of application), 4 (partial payment of wages in kind), 8 (wage deductions), 10 (attachment and assignment of wages) and 12 (payment of wages at regular intervals) of the Convention. Recalling that these points have been raised in a direct request first addressed to the Government in 2001, the Committee notes with regret the lack of concrete progress in bringing its legislation into conformity with the Convention.

The Committee once again expresses its hope that the Government will take measures without further delay to modify or supplement its legislation as appropriate, and recalls that it may have recourse for this purpose to the technical expertise and assistance of the International Labour Office through its Subregional Office for the Caribbean. The Committee also wishes to refer to its 2003 General Survey on the protection of wages which contains a comprehensive review of national laws and practice and illustrates possible ways in which legislative conformity with the Convention may be ensured.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 2, 4, 8, 10 and 12 of the Convention. Modifications and supplements to implementing legislation. The Committee recalls its previous comments in which it drew attention to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and requested the Government to take all necessary measures in order to give full effect to the requirements of Articles 2 (scope of application), 4 (partial payment of wages in kind), 8 (wage deductions), 10 (attachment and assignment of wages) and 12 (payment of wages at regular intervals) of the Convention.

In its last report, the Government provided a copy of an internal correspondence dated 1 February 2007 by which the Labour Commissioner referred the matter to the Minister of Foreign Affairs, Trade and Labour for further consideration. Recalling that these points have been raised in a direct request first addressed to the Government in 2001, the Committee notes with regret the delay in the Government’s response and that this does no more than reflect the lack of concrete progress in bringing its legislation into conformity with the Convention.

The Committee once again expresses its hope that the Government will take measures without further delay to modify or supplement its legislation as appropriate, and recalls that it may have recourse for this purpose to the technical expertise and assistance of the International Labour Office through its Subregional Office for the Caribbean. The Committee also wishes to refer to its 2003 General Survey on the protection of wages which contains a comprehensive review of national laws and practice and illustrates possible ways in which legislative conformity with the Convention may be ensured.

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

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 recalls its previous comments in which it drew attention to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and requested the Government to take all necessary measures in order to give full effect to the requirements of Articles 2 (scope of application), 4 (partial payment of wages in kind), 8 (wage deductions), 10 (attachment and assignment of wages) and 12 (payment of wages at regular intervals) of the Convention.

In its last report, the Government provided a copy of an internal correspondence dated 1 February 2007 by which the Labour Commissioner referred the matter to the Minister of Foreign Affairs, Trade and Labour for further consideration. Recalling that these points have been raised in a direct request first addressed to the Government in 2001, the Committee notes with regret the delay in the Government’s response and that this does no more than reflect the lack of concrete progress in bringing its legislation into conformity with the Convention.

The Committee once again expresses its hope that the Government will take measures without further delay to modify or supplement its legislation as appropriate, and recalls that it may have recourse for this purpose to the technical expertise and assistance of the International Labour Office through its Subregional Office for the Caribbean. The Committee also wishes to refer to its 2003 General Survey on the protection of wages which contains a comprehensive review of national laws and practice and illustrates possible ways in which legislative conformity with the Convention may be ensured.

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

The Committee recalls its previous comments in which it drew attention to certain inconsistencies of the Protection of Wages Act (Chapter 89:07) and requested the Government to take all necessary measures in order to give full effect to the requirements of Articles 2 (scope of application), 4 (partial payment of wages in kind), 8 (wage deductions), 10 (attachment and assignment of wages) and 12 (payment of wages at regular intervals) of the Convention.

In its last report, the Government provided a copy of an internal correspondence dated 1 February 2007 by which the Labour Commissioner referred the matter to the Minister of Foreign Affairs, Trade and Labour for further consideration. Recalling that these points have been raised in a direct request first addressed to the Government in 2001, the Committee notes with regret the delay in the Government’s response and that this does no more than reflect the lack of concrete progress in bringing its legislation into conformity with the Convention.

The Committee once again expresses its hope that the Government will take measures without futher delay to modify or supplement its legislation as appropriate, and recalls that it may have recourse for this purpose to the technical expertise and assistance of the International Labour Office through its Sub-regional Office for the Caribbean. The Committee also wishes to refer to its 2003 General Survey on the protection of wages which contains a comprehensive review of national laws and practice and illustrates possible ways in which legislative conformity with the Convention may be ensured.

[The Government is asked to reply in detail to the present comments in 2008.]

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 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.

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

The Committee takes note of the Government’s report. It also 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.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 2 of the Convention. The Committee notes that, by virtue of the Schedule to the Labour Contracts Act (No. 12 of 1983), the protection of wages contemplated in the Convention is ensured only to a limited extent to workers who are not covered by the Protection of Wages Ordinance (Cap. 115), which applies only to the workers in "manual labour". It requests the Government to supply information on any further measures taken or contemplated for protection of wages of workers not covered by the Ordinance, and to indicate any difficulties encountered in this connection.

Article 8. The Committee notes that section 7 of the Income Tax Act supplied with the Government's report does not concern deduction of tax from wages but is about the chargeable income for the purpose of calculating income tax. Recalling that the above Protection of Wages Ordinance does not authorize the deduction of income tax from wages, the Committee would be grateful if the Government would supply the text of legislation concerning deduction of income tax from wages.

Article 10. The Committee notes the Government's reference to the provisions concerning minimum wage and deductions from wages. It points out that these provisions are not relevant to the attachment or assignment of wages. The Committee recalls that it noted the Government's earlier indication that the attachment of wages may be made in respect of child maintenance and of civil debt, and that assignment may be made on instruction by the employee. It again requests the Government to supply the text of rules about attachment and assignment referred to.

Article 12, paragraph 2. The Committee notes that item 3(b) of the Schedule to the Labour Contracts Act requires the regular payment of wages. It asks the Government to indicate the measures taken to ensure that a final settlement of wages is effected within a reasonable period of time in accordance with this provision of the Convention.

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

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.

Article 2 of the Convention. The Committee notes that the Schedule to the Labour Contracts Act (No. 12 of 1983) makes provision to govern the basic labour contract which is applicable to all persons undergoing training and to all workers whose terms and conditions of employment are not the subject of a collective or industrial agreement or a labour contract entered into in accordance with the provisions of the Act. It notes, in particular, that item 3(b) of the said Schedule prescribes the responsibility of the employer to observe and to follow statutory restrictions on the method of payment of wages to the employee and to pay the employee at the intervals agreed upon being intervals not exceeding one month in duration. Thus the protection of wages contemplated in the Convention is, to a certain extent, extended to workers who are not covered by the Protection of Wages Ordinance (Cap. 115) which applies only to the workers in "manual labour". The Committee requests the Government to continue supplying in its future reports information on further measures taken or contemplated for protection of wages of workers not covered by the Ordinance, and to indicate any difficulties encountered in this connection.

Article 8. The Committee noted the Government's earlier indication that deduction from wages may be made only with the exclusive permission of the employee and that income tax may be deducted from wages by notification. Recalling that the above-mentioned Ordinance does not authorise the deduction of income tax from wages, the Committee would be grateful if the Government would supply the text of relevant legislation.

Article 10. The Committee noted the Government's earlier indication to the effect that the attachment of wages may be made in respect of child maintenance and of civil debt, and that assignment may be made on instruction by the employee. It requests the Government to supply the text of rules about attachment and assignment mentioned in the report.

Article 12, paragraph 2. The Committee noted that the Government referred in its last report to "the Contract Act, Section 11, 3(b) in the Schedule to the Labour Contracts Act". While item 3(b) of the Schedule to the Labour Contracts Act has been noted above, the text of the said Act supplied by the Government with its report does not have section 11, and item 11 of the Schedule is about the rates of pay. The Committee would appreciate further clarification in this regard.

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

With reference to the observation it is making, the Committee notes that the Government's report contains no reply to its earlier 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.

Article 2 of the Convention. The Committee notes that the Schedule to the Labour Contracts Act (No. 12 of 1983) makes provision to govern the basic labour contract which is applicable to all persons undergoing training and to all workers whose terms and conditions of employment are not the subject of a collective or industrial agreement or a labour contract entered into in accordance with the provisions of the Act. It notes, in particular, that item 3(b) of the said Schedule prescribes the responsibility of the employer to observe and to follow statutory restrictions on the method of payment of wages to the employee and to pay the employee at the intervals agreed upon being intervals not exceeding one month in duration. Thus the protection of wages contemplated in the Convention is, to a certain extent, extended to workers who are not covered by the Protection of Wages Ordinance (Cap. 115) which applies only to the workers in "manual labour". The Committee requests the Government to continue supplying in its future reports information on further measures taken or contemplated for protection of wages of workers not covered by the Ordinance, and to indicate any difficulties encountered in this connection.

Article 8. The Committee noted the Government's earlier indication that deduction from wages may be made only with the exclusive permission of the employee and that income tax may be deducted from wages by notification. Recalling that the above-mentioned Ordinance does not authorize the deduction of income tax from wages, the Committee would be grateful if the Government would supply the text of relevant legislation.

Article 10. The Committee noted the Government's earlier indication to the effect that the attachment of wages may be made in respect of child maintenance and of civil debt, and that assignment may be made on instruction by the employee. It requests the Government to supply the text of rules about attachment and assignment mentioned in the report.

Article 12, paragraph 2. The Committee noted that the Government referred in its last report to "the Contract Act, Section 11, 3(b) in the Schedule to the Labour Contracts Act". While item 3(b) of the Schedule to the Labour Contracts Act has been noted above, the text of the said Act supplied by the Government with its report does not have section 11, and item 11 of the Schedule is about the rates of pay. The Committee would appreciate further clarification in this regard.

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

The Committee notes that as the Government's report gives no reply to the earlier direct requests, the Committee must return to the question in a new direct request. It hopes that the Government will do its utmost to take the necessary steps and supply the information requested.

[The Government is asked to report in detail in 1996.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has noted the information supplied by the Government in its report in reply to the previous direct request concerning Articles 4, 11 and 14(a) of the Convention. It requests the Government to supply further information on the following points:

Article 2 of the Convention. The Committee notes that the Schedule to the Labour Contracts Act (No. 12 of 1983) makes provision to govern the basic labour contract which is applicable to all persons undergoing training and to all workers whose terms and conditions of employment are not the subject of a collective or industrial agreement or a labour contract entered into in accordance with the provisions of the Act. It notes, in particular, that item 3(b) of the said Schedule prescribes the responsibility of the employer to observe and to follow statutory restrictions on the method of payment of wages to the employee and to pay the employee at the intervals agreed upon being intervals not exceeding one month in duration. Thus the protection of wages contemplated in the Convention is, to a certain extent, extended to workers who are not covered by the Protection of Wages Ordinance (Cap. 115g which applies only to the workers in "manual labour". The Committee requests the Government to continue supplying in its future reports information on further measures taken or contemplated for protection of wages of workers not covered by the Ordinance, and to indicate any difficulties encountered in this connection.

Article 8. The Committee notes the Government's indication that deduction from wages may be made only with the exclusive permission of the employee and that income tax may be deducted from wages by notification. Recalling that the above-mentioned Ordinance does not authorise the deduction of income tax from wages, the Committee would be grateful if the Government would supply the text of relevant legislation.

Article 10. The Committee notes the Government's indication to the effect that the attachment of wages may be made in respect of child maintenance and of civil debt, and that assignment may be made on instruction by the employee. It requests the Government to supply the text of rules about attachment and assignment mentioned in the report.

Article 12, paragraph 2. The Committee notes that the Government refers in its report to "the Contract Act, Section 11, 3(b) in the Schedule to the Labour Contracts Act". While item 3(b) of the Schedule to the Labour Contracts Act has been noted above, the text of the said Act supplied by the Government with its report does not have section 11, and item 11 of the Schedule is about the rates of pay. The Committee would appreciate further clarification in this regard.

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

The Committee notes the information supplied by the Government in its report. It hopes that the Government will supply further information on the following points:

Article 2 of the Convention. The Committee notes that under article 2 of the Protection of Wages Ordinance, worker means a person who performs "manual labour", the definition of manual labour including work ordinarily performed by mechanics, artisans, handicraftsmen, seamen, transport workers, domestic servants and all labourers and any other similar work associated therewith including workers in the catering trade but not clerical work. Please indicate measures taken or contemplated to apply the Convention to workers who are not covered by the Ordinance.

Article 4. The Committee notes that an agreement or contract with a worker for giving to him food or other allowances and privileges in addition to money wages as a remuneration for his service is authorised by section 13 of the Ordinance. The Committee recalls that under Article 4, paragraph 1, of the Convention the partial payment in kind should be authorised by national laws or regulations, collective agreements or arbitration awards only so far as they are customary or desirable because of the nature of the industry or occupation concerned. Furthermore, the provision of section 13 does not ensure the compliance with the conditions laid down in paragraph 2(a) (allowance in kind appropriate for the personal use and benefit of the worker and his family) and (b) (fair and reasonable value) of Article 4 of the Convention.

It hopes that the Government will indicate the measures taken or contemplated to bring the legislation into conformity with the Convention with respect to this point.

Article 8, paragraph 1. Please provide information on the extent to which the deductions of wages authorised under sections 8 and 19 of the Ordinance may be made.

Article 8, paragraph 2. The Committee notes that the deductions of wages for the check-off of union dues and for provident or pension funds may be made at the request of or with the consent of workers respectively. Please indicate the measures taken to inform the workers of the conditions and the extent of the other kinds of deductions authorised by the Ordinance.

Article 10. Please supply information on the arrangements now in force for the attachment or assignment of wages.

Article 11. Please indicate measures taken or contemplated to protect the wages of workers in the event of bankruptcy or judicial liquidation of an undertaking.

Article 12, paragraph 2. The Committee notes the Government's statement that a final settlement of wages upon satisfactory completion of a contract is regulated by the clauses of the contract. It asks the Government to indicate the measures taken or envisaged to ensure that a final settlement of wages is effected within a reasonable period of time having regard to the terms of the contract, in accordance with this provision of the Convention.

Article 14(a). The Committee notes from the Government's report that measures required by this Article are regularised by contract and/or collective agreements. Please provide detailed information on measures taken to ensure that workers are informed, before they enter employment, of the conditions in respect of wages under which they are employed.