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

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

Other comments on C095

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2019

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The Committee notes that a Labour (Amendment) Act was adopted in April 2011 which amended sections 2, 4, 26, 36–48, 117 and 183 of the Labour Act (Cap. 297), repealed in its section 57 and inserted the following new provisions: Sections 29A, 149A and 200–205 (which form the new Part XX of the Act on the “Labour Complaints Tribunal” with an annexed Schedule.

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.

Articles 2, 4 and 7 of the Convention. Exclusions. Payment in kind. Works stores. Further to its previous comments in which the Committee drew attention to certain provisions of the Labour Act (Cap. 297) which failed to give full effect to the requirements of the Convention, the Committee notes the Government's indication that the Labour Advisory Board is currently undertaking a full revision of the Labour Act, and in this context, it is expected to consider the points on which the Committee has been commenting for a number of years. The Committee understands that the tripartite Labour Advisory Board, which was appointed in 2009, is conducting a comprehensive review of labour laws and ratified ILO Conventions with a view to identifying gaps and drafting amendments that would address any inconsistencies. The Committee recalls, in this regard, that legislative action would be needed with respect to section 112 of the Labour Act, which gives the Minister broad discretion to exempt any category of non-manual workers from Part X of the Labour Act on the protection of wages; section 107, which fails to specify how it is ensured that only allowances in kind appropriate for the personal use and benefit of the worker and fairly valued are permissible; and section 114(a), which fails to regulate the operation of works stores. The Committee requests the Government to keep the Office informed of any progress made in the process of revision of the Labour Act, particularly as regards sections 112, 107 and 114(a) with a view to bringing these provisions into full conformity with the requirements of Article 2 (exclusions from scope), Article 4 (partial payment of wages) and Article 7 (works stores) of the Convention. The Committee also requests the Government to transmit copy of any revised legal provisions as soon as they have been adopted.

Articles 8 and 10. Deductions from wages. Attachment of wages. Further to its previous comment, the Committee notes the Government’s renewed reference to section 106 of the Labour Act which provides that wage deductions may not exceed one third of the workers’ wages, and section 110 which limits to 50 per cent the proportion of the wages that may be seized. The Committee has been drawing attention to the fact that in the absence of an overall limit, in the case of multiple deductions and attachments, the worker's cash wages could be reduced by as much as 80 per cent probably putting his subsistence at risk. The Committee accordingly requests the Government to consider the possibility of setting a maximum limit on the total amount of authorized deductions and attachments so that workers’ wages are protected in all circumstances to the extent deemed necessary for their maintenance. Moreover, the Committee recalls that under section 106(4) of the Labour Act, the Labour Commissioner is granted a broad discretionary power to authorize wage deductions to such amounts and on such conditions as he deems fit. The Committee reiterates that this provision should be amended and requests the Government to keep it informed on any steps taken or envisaged in this regard.

Article 14. Wage statements. The Committee notes the Government’s reference to the Labour (Keeping of Records) Regulations (Cap. 297), section 18 of which specifies the particulars to be included in the employer's records, including the rate of pay, overtime and gross pay for each employee, as well as the signatures of employees in respect of each pay period. The Committee observes, however, that the maintenance of wage records by the employer is different from and cannot replace the issuance of itemized payslips. Noting that this question will be considered by the Labour Advisory Board in its comprehensive review of the Labour Act, the Committee hopes that the Government will take appropriate steps in order to give full effect to this provision of the Convention.