Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Jamaica (Ratification: 1975)

Article 2 of the Convention. Minimum wages and wage-fixing mechanisms.  The Committee recalls the persistence of occupational segregation in the country and that low-paying sectors tend to be dominated by women. The Committee notes the Government’s statement in its report that the Minimum Wage Act ensures that all workers receive the same salary irrespective of occupation and protects workers from gender bias by guaranteeing the same salary irrespective of occupation and gender. However, the Committee notes from section 3(2)(b) of the Minimum Wage Act that the Minister may “fix different minimum rates of wages for workers employed in different categories of establishments engaged in the same occupation”. The Committee recalls that minimum wages are often set at the sectoral level and this creates a tendency to set lower wages for sectors predominantly employing women. Due to such occupational segregation, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued. The Committee recalls that the mere statement by the Government that the Minimum Wage Act does not make a distinction between men and women workers is not sufficient to ensure that there is no gender bias in the process. Rates should be fixed based on objective criteria free from gender bias to ensure that work in sectors with a high proportion of women is not undervalued in comparison with sectors in which men are predominantly employed (2012 General Survey on the fundamental Conventions, paragraph 683). The Committee therefore once again asks the Government to provide information on any action taken or envisaged by the Minimum Wage Advisory Commission to review minimum wage schemes from a gender perspective to ensure that they are established free from direct or indirect gender bias, and in particular that skills or work considered to be “female” are not undervalued in the wage-fixing process.

Article 3. Objective job evaluation.  The Committee previously asked the Government to provide more information on the criteria in the two evaluation systems (grade description and point factor) used in classification and wage fixing for government employees. The Committee takes note of the detailed information provided by the Government on both the grade description evaluation system that uses factors such as minimum education requirements, features of the type of work carried out at the level, typical duties, education, experience, skills and abilities, and the point factor evaluation method that uses four main factors (knowledge, judgement, accountability and working conditions), which are further broken down into 13 sub-factors. The Committee wishes to emphasize that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly, and in particular that the method and factors used do not have an indirect negative impact on women’s remuneration by undervaluing work in posts predominantly held by them. Noting the information provided on the establishment of job classification and salary scales in the public sector, the Committee asks the Government to take steps, with the collaboration of workers’ and employers’ organizations, to develop and promote the use of objective job evaluation methods in the private sector, and to provide information on any steps taken in this regard.

Awareness raising. The Committee notes, in response to its previous request for information on any activity undertaken to promote equal remuneration for men and women in accordance with the Convention, the Government indicates that wider information, education and training is necessary to raise awareness of the measures set out in the Convention in relation to “work of equal value”. The Committee asks the Government to take steps to ensure that persons responsible for determining rates of remuneration, including in government bodies, government advisory bodies, workers’ and employers’ organizations, understand how to promote equal remuneration for men and women for work of equal value, for example by providing them with information, education, training and guidance. It also asks the Government to provide information on any activities to inform men and women workers of their right to equal remuneration. The Committee asks the Government to provide information on the progress made in this regard.

Monitoring and enforcement. The Committee notes the Government’s information that 75 compliance officers of the Ministry of Labour and Social Security, responsible for conducting labour inspections, received training on a number of laws, including the Employment (Equal Pay for Men and Women) Act. Taking due note of the Government’s reiterated statement that no complaints have been brought under the Act, the Committee wishes to point out that, where no cases or complaints, or very few, are lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (2012 General Survey, paragraph 870). The Committee therefore hopes that the Government will take the opportunity to examine the effectiveness of the complaint process under the Employment (Equal Pay for Men and Women) Act when it undertakes a review of the Act. It also asks the Government to provide information on labour inspection reports and complaints, as well as court decisions relating to violations of the principle of equal remuneration. The Committee asks the Government to continue the training activities undertaken for compliance officers and to provide information on any measure taken in this regard.

Statistics.  The Committee notes from the Government’s report that the Statistical Institute of Jamaica (STATIN) is mandated to review and revise the Survey of Employment and Earnings and that the findings will be published and transmitted to the Office. The Committee asks the Government to provide a copy of the Survey of Employment and Earnings once it has been finalized. It also asks the Government to provide regularly updated statistics on the earnings of men and women by sector and occupation, in the public and private sectors, and on the proportion of men and women receiving the minimum wage in each sector.