Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the information contained in the Government’s report and the attached copy of the 1995 Agreement between the Bahamas Hotel Employers’ Association and the Bahamas Hotel Catering and Allied Workers Union as well as the statistical data concerning the wage rates applied in the hotel sector for the period 1993-97.

Article 2 of the Convention. The Committee notes that the Government is in the process of adopting new legislation on employment protection to replace the Fair Labour Standards Act, 1970. It further notes that, under the Employment Protection Bill, 2000, the Government intends to exclude from the application of the Convention domestic employees, manual labourers and employees in small resorts with less than 15 rooms, while under the Minimum Wage Bill the Government considers introducing additional exclusions concerning gas station attendants and employees at small resorts in the Family Islands with less than 15 rooms and less than ten rooms in New Providence. The Committee is bound to recall in this connection Article 2, paragraph 3, of the Convention according to which each Member is expected to indicate in its first annual report on the application of the Convention any categories of persons which it proposes to exclude from the application of all or any of the provisions of the Convention, and that after the date of its first annual report, no Member may make exclusions except in respect of categories of persons so indicated. Considering that the Government in all its previous reports has consistently stated that no categories of workers are excluded from the provisions of the Convention, the Committee asks the Government to take steps to amend the draft legislation in the light of its obligations under the relevant provisions of the Convention, and further ventures to draw the Government’s attention to the possibility of having recourse to the technical cooperation of the International Labour Office in this respect. The Committee also requests the Government to transmit the texts of the Employment Protection Act and the Minimum Wage Act as soon as they are formally adopted.

Articles 8 and 10. The Committee notes the Government’s indication that the Employment Protection Bill, now under consideration, is expected to regulate the attachment or assignment of wages and fix the overall limit of authorized assignment at 45 per cent of the employee’s wage or salary, except in the case of the reimbursement of a housing mortgage where assignment may exceed the prescribed limit. In addition, the draft legislation provides that the worker must sign an authorization for such deductions to be made, except for national levies such as National Insurance Board contributions which may be deducted automatically once approved by the Parliament. The Committee asks the Government to communicate the text of the relevant provisions of the new legislation as soon as it is adopted.

Part V of the report form. While noting the information supplied by the Government in its report, the Committee requests the Government to continue to provide all available information on the manner in which the Convention is applied in practice, particularly on the results of inspection visits showing the number and nature of the infringements reported and sanctions imposed.