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

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

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that it has been pointing out since 1997 that the Employment (Equal Pay for Men and Women) Act of 1975 does not include the concept of “work of equal value” as required by the Convention and only requires the payment of equal remuneration for equal work. It further recalls that in section 2(1) of the Act, “equal work” is defined as “work performed for one employer by male and female employees alike in which: (a) the duties, responsibilities or services to be performed are similar or substantially similar in kind, quality and amount; (b) the conditions under which such work is performed are similar or substantially similar; (c) similar or substantially similar qualifications, degrees of skill, effort and responsibility are required; and (d) the differences (if any) between the duties of male and female employees are not of practical importance in relation to terms and conditions of employment or do not occur frequently”. The Committee emphasizes that “work of equal value” is different from “similar or substantially similar work”. Women and men tend to perform different work or are occupationally segregated in the labour market and, frequently, work performed by women (or mainly by women) is undervalued in comparison to work performed by men (or mainly by men). In this regard, the Committee recalls that the concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (General Survey on the fundamental Conventions, 2012, paragraphs 673 and following). The Committee notes the Government’s indication that, regardless of gender, under the Act of 1975, all categories of workers receive equal pay for equal work. The Committee also notes from the Government’s report to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) that the Employment (Equal Pay for Men and Women) Act of 1975 is currently under review to ensure that it fulfils its objective of guaranteeing equal remuneration for men and women (CEDAW/C/JAM/8, 5 March 2020, paragraph 94). Welcoming this information, the Committee urges the Government to take the necessary steps to ensure that, as part of the review of the Employment (Equal Pay for Men and Women) Act of 1975 its equal pay provisions are amended and brought in line with the Convention: (i) by giving full legislative expression to the principle of equal pay for men and women for work of equal value and (ii) by extending the application of this principle beyond the same employer. The Committee asks the Government to provide information on the steps taken to this end.

The Committee is raising other matters in a request addressed directly to the Government.