Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 95) sur la protection du salaire, 1949 - Bahamas (Ratification: 1976)

The Committee notes the Government’s report. It also notes the enactment of the Employment Act, 2001, and of the Minimum Wages Act, 2002.

Article 2 of the Convention. While noting that section 60(1) of the Employment Act provides that wages must be made payable “in any contract of service hereafter to be made for the employment of any employee for the performance of any work within the Bahamas”, and that according to section 3(1), the Employment Act applies to all employees, including the civil servants and employees of local government authorities, with the exception of members of police forces and other “disciplined forces”, the Committee notes that in the terms of section 3(2), the Minister of Labour and Immigration may, by order after consultation with employers’ and workers’ organizations, decide to exclude a specific category of workers from the application of some or all provisions of the Act. It therefore requests the Government to specify whether any such ministerial orders have so far been issued and, if so, whether any workers have been exempted from the coverage of the provisions of Part XI of the Act on wages.

Article 10. The Employment Act does not appear to regulate the attachment or the assignment of wages. The Committee would therefore be grateful if the Government could indicate the provisions giving effect to this Article of the Convention.

Article 12, paragraph 2. The Employment Act does not appear to contain any specific provision regarding the final settlement of wages upon the termination of an employment contract. The Government is accordingly requested to provide additional clarification in this regard.

Part V of the report form. The Committee would be thankful if the Government could supply relevant information which would permit a general evaluation of the manner in which the Convention is applied including, for instance, copies of collective agreements containing clauses on pay conditions, extracts from inspection reports on matters related to the payment of wages, any difficulties concerning the regular and timely payment of wages in the private or public sector, etc.

Finally, the Committee notes the Government’s statement that the expertise required to correctly meet its reporting obligations under the ILO Constitution is currently lacking in the country. The Committee advises that the Office remains ready to offer expert advice and respond favourably to any specific request for technical assistance in this regard.