Page 475, only be made after consultation with the organisations of employers and employed persons directly concerned (where such exist) and must be indicated in the first annual report to the International Labour Office on the application of the Conven- tion. Thereafter no further exclusions are admissible.
5. I do not propose that new legislation should be introduced in order to enable the provisions of the Convention to be applied to all wage earners, but recommend that the United Kingdom Government should ratify this Convention and take advantage of Article 2 (2) to exclude non-manual and domestic workers from the operation of those Articles of the Convention whose requirements cannot, under present conditions, be satisfied in respect of them. The Articles in question are Articles 3-11 inclusive and Article 13 (2).
6. After ratification, I would propose to enter into formal consultations with the British Employers' Confederation and the Trades Union Congress as required by Article 2 (2) of the Convention. No obligation is imposed by the Convention to undertake such consultations before ratification. Informal contact has, however, been made with the two organisations concerned. I understand that no objection is likely to be raised by the British Employers' Confederation when formal consultation takes place. The Trades Union Congress, on the other hand, will probably press for the protection afforded by the Convention to be extended to all workers. While I would hope that it may be possible to reach general agreement on this issue, the Convention does not in fact require the com- petent authority to reach agreement with the employers' and workers' organisations before exclusions are made under Article 2 (2).
Recommendation No. 85
7. The Recommendation is supplementary to Convention No. 95. It deals with such matters as limitation and regulation of deduction from wages, periodicity of wage payments, notification to workers of wage conditions, wages statements and payroll records and association of workers in the administration of works stores. 8. The law and practice of the United Kingdom is, in general, in accordance with the Recommendation and I think we can accept it, subject to the two points which follow: ---
(1) Paragraphs 1-3 of the Recommendation'deal with deductions from wages. While the general practice in the United Kingdom is in accordance with the provisions of these paragraphs, the only legislative provisions regulating their application is to be found in the Truck Acts. In order to avoid creating the impression that the Government intend to extend the protection afforded by the Truck Acts to non-manual workers it is necessary to refer in the public announcement of acceptance to the limitations imposed by the existing legislation.
(2) As regards paragraphs 4-8 of the Recommendation, which deal with periodicity of wage payments, notification to workers of wage conditions and wages statements and payroll records, these are matters in which flexibility is essential and which in the United Kingdom are regarded as appropriate for settlement between employers and workers in rela- tion to circumstances arising in particular cases.
I propose that the United Kingdom Government should accept the Recom- mendation subject to reservations on these two points.
9. The Ministry of Labour and National Insurance of Northern Ireland have been consulted and concur in the action which is proposed on Convention No. 95 and Recommendation No. 85.
Convention No. 96 146
10. In C.P. (51) 133 I have submitted, in agreement with the Home Secretary and the Secretary of State for Scotland, proposals for legislation which would enable the Government to ratify this Convention in due course.
Issue of Command Paper
146
11. If the proposals contained in this memorandum and in C.P. (51) 133 are approved, authority for the issue of a Command Paper in the terms of the Annex to this memorandum is sought.
Pagtry fofabour and National Service, S.W.Page 475 of 587
16th May, 1951.
A. R.
Cmd.
362
3