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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.

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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.

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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.

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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.]

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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.

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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.

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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.

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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.

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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.

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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.]

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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.

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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.