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NORMLEX Home > Country profiles > > Comments > All Comments

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - British Virgin Islands

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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.

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Articles 1 to 3 of the Convention. Minimum wage-fixing machinery. Further to its previous comment regarding the Government’s decision to set up a Committee for the urgent review of the minimum wage, which remains unchanged at the level fixed in 1999, the Committee notes the Government’s indication that the Ministry of Labour has held a series of consultative meetings in February 2012, and that discussions on the topic are ongoing. The Committee accordingly requests the Government to keep the Office informed of any further developments with respect to readjusting the minimum wage through genuine and effective tripartite consultations, as prescribed by the Convention, and to transmit a copy of any new minimum wage order as soon as it has been adopted.

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Articles 1 to 3 of the Convention. Minimum wage fixing machinery. In its previous comment, the Committee requested the Government to provide a detailed report on the application of the Convention in the light of the new Labour Code which entered into force in October 2010. The Committee understands that raising the minimum wage, which remains unchanged at the level fixed in 1999, is a long-standing issue and that following the adoption of the new Labour Code, minimum wage levels were expected to be adjusted especially in the light of the rapidly rising cost of basic commodities. The Committee also understands that, in 2010, the Ministry of Labour announced the setting up of a committee for the urgent review of minimum wages and that a study on the cost of living has already been conducted but remains unpublished. The Committee accordingly requests the Government to keep the Office informed of any further developments in the process of readjusting the minimum wage through genuine and effective tripartite consultations, as prescribed by the Convention, and to transmit a copy of any new minimum wage order once it has been adopted.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the practical application of the Convention, including, for example, the approximate number of workers paid at the minimum wage rate, statistics on the evolution of the minimum wage in relation to fluctuations of the inflation rate, inspection results indicating the number of infringements reported and the penalties imposed, and copies of official publications or research papers concerning wage policy and the operation of the minimum wage system.

Finally, the Committee wishes to recall that, based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40), the ILO 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 marks certain advances 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 requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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Articles 1–3 of the Convention. Minimum wage fixing machinery. The Committee notes that the Government’s report has not been received and requests the Government to communicate a detailed report in the light of the new Labour Code, 2010, which entered into force on 4 October 2010.

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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:

Article 3, paragraph 2, of the Convention. Minimum wage rate. The Committee notes the Minimum Wage Order issued in 1999 which set the national minimum wage rate at US$4.00 per hour. According to the Government, this Order covers all workers in all fields of economic activity, except government employees and members of the police force, while the minimum wage is most applicable to domestic and other service workers, or approximately 4,360 persons. The text of the revised 1991 edition of the Labour Code Ordinance (Cap. 293) and of the Minimum Wage Order of 1999 not being available at the Office, the Committee would appreciate receiving copies of these instruments. The Committee would also be grateful if the Government would specify whether the ministerial rules prescribing the powers, duties and procedure of the Advisory Committee referred to in section C21(2) of the Labour Code Ordinance have been issued, and if so, forward a copy of these rules.

The Committee requests the Government to continue to supply, in accordance with Article 5 of the Convention and Part V of the report form, all available information regarding the practical application of the Convention, including for instance extracts from official reports such as the reports of the tripartite Advisory Committee, up to date statistics on the number of workers covered by relevant legislation, reports from inspection services, etc. Finally, the Committee asks the Government to keep the Office informed of the ongoing amendment process of the Labour Code, especially in relation to the provisions dealing with the establishment, operation and modification of the minimum wage fixing machinery.

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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:

The Committee notes the Minimum Wage Order issued in 1999 which set the national minimum wage rate at $4.00 per hour. According to the Government, this Order covers all workers in all fields of economic activity, except government employees and members of the police force, while the minimum wage is most applicable to domestic and other service workers, or approximately 4,360 persons. The text of the revised 1991 edition of the Labour Code Ordinance (Cap. 293) and of the Minimum Wage Order of 1999 not being available at the Office, the Committee would appreciate receiving copies of these instruments. The Committee would also be grateful if the Government would specify whether the ministerial rules prescribing the powers, duties and procedure of the Advisory Committee referred to in section C 21(2) of the Labour Code Ordinance have been issued, and if so, forward a copy of these rules.

The Committee requests the Government to continue to supply in accordance with Article 5 of the Convention and Part V of the report form all available information regarding the practical application of the Convention, including for instance extracts from official reports such as the reports of the tripartite Advisory Committee, up to date statistics on the number of workers covered by relevant legislation, reports from inspection services, etc. Finally, the Committee asks the Government to keep the Office informed of the ongoing amendment process of the Labour Code, especially in relation to the provisions dealing with the establishment, operation and modification of the minimum wage fixing machinery.

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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 requests the Government to continue to supply in accordance with Article 5 of the Convention and Part V of the report form all available information regarding the practical application of the Convention, including for instance extracts from official reports such as the reports of the tripartite Advisory Committee, up to date statistics on the number of workers covered by relevant legislation, reports from inspection services, etc. Finally, the Committee asks the Government to keep it informed of the ongoing amendment process of the Labour Code, especially in relation to the provisions dealing with the establishment, operation and modification of the minimum wage fixing machinery.

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The Committee notes the information provided in the Government’s report. It notes in particular the new Minimum Wage Order issued in 1999 which set the national minimum wage rate at $4.00 per hour. According to the Government, this Order covers all workers in all fields of economic activity, except government employees and members of the police force, while the minimum wage is most applicable to domestic and other service workers, or approximately 4,360 persons. The text of the revised 1991 edition of the Labour Code Ordinance (Cap. 293) and of the Minimum Wage Order of 1999 not being available at the Office, the Committee would appreciate receiving copies of these instruments. The Committee would also be grateful if the Government would specify whether the ministerial rules prescribing the powers, duties and procedure of the Advisory Committee referred to in section C 21(2) of the Labour Code Ordinance have been issued, and if so, forward a copy of these rules.

The Committee requests the Government to continue to supply in accordance with Article 5 of the Convention and Part V of the report form all available information regarding the practical application of the Convention, including for instance extracts from official reports such as the reports of the tripartite Advisory Committee, up-to-date statistics on the number of workers covered by relevant legislation, reports from inspection services, etc. Finally, the Committee asks the Government to keep it informed of the ongoing amendment process of the Labour Code, especially in relation to the provisions dealing with the establishment, operation and modification of the minimum wage fixing machinery.

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The Committee notes the information provided in the Government's report in reply to its previous comments. It requests the Government to continue to supply, in accordance with Article 5 of the Convention and Part V of the report form, general information on the application of the Convention in practice, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions noted, the penalties imposed, etc.).

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The Committee notes the information provided in the Government's report in reply to its previous comments. It requests the Government to continue to supply, in accordance with Article 5 of the Convention and point V of the report form, general information on the application of the Convention in practice, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions noted, the penalties imposed, etc.).

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The Committee notes that the Government's report simply indicates no changes and that the last time the Government supplied information on the results of the application of the minimum wage fixing machinery was in 1982. The Committee hopes that the Government will supply such information in its next report including, inter alia, the approximate number of workers covered, the minimum rates of wages fixed, and the more important of the other conditions, if any, relevant to the minimum rates as required by Article 5 of the Convention.