CMNT_TITLE

Protection of Wages Convention, 1949 (No. 95) - Bahamas (RATIFICATION: 1976)

Other comments on C095

Direct Request

2018
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Article 10 of the Convention. Attachment of wages. The Committee notes that section 34 of the Matrimonial Causes Act provides for the possible attachment of a person’s income to ensure the payment of a financial provision order made by the Supreme Court in the framework of certain matrimonial proceedings (such as divorce or judicial separation). It notes that this Act does not establish the limit within which the attachment of wages may be ordered in application of section 34. Recalling that Article 10(1) provides that wages may be attached only within limits prescribed by national laws or regulations, the Committee requests the Government to indicate how effect is given to this provision of the Convention.

Articles 11 and 12(2). Privileged protection of wage claims in bankruptcy proceedings and final settlement of wages due. The Committee takes notes of section 30 of the Bankruptcy Act and section 237 of the Companies Act which provide for privileged protection of wage claims in bankruptcy and winding up proceedings, respectively. It also notes that section 27B of the Employment Act provides that payment of redundancy pay shall be made on or before the date of the employee’s redundancy. Finally, it takes note of the Government’s previous indication that where there are issues with the final settlement of wages upon the termination of the employment contract, an affected employee can pursue payment of the amounts owed either via quick and inexpensive mechanisms such as a conciliation hearing facilitated by government officials, or by seeking resolution before the Industrial Tribunal or in the Supreme Court.

Articles 14 and 15. Effective protection of wages of domestic workers and supervision of compliance. The Committee notes that sections 61 and 73 of the Employment Act, which provide respectively that employers shall keep registers of wage payments for a period of three years and that they shall give a pay statement to the employee at the time of each payment, do not apply to domestic workers. It therefore requests the Government to indicate how the regular payment of the wages of domestic workers is monitored and how compliance with other forms of protection of their wages (in particular concerning possible deductions) is supervised in practice.