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

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

A Government representative explained that the issue in question initially arose over a 1973 Minimum Wage Order for the Printing Trade which had sex-differentiated job categories, with females receiving lower remuneration for certain jobs although similarly qualified. That Order had been subsequently amended in 1989 so as to remove sex-related discrimination. However, the Committee of Experts was of the view that the revised Order had not gone far enough in removing wage distinctions based on sex. The speaker pointed out that, in Jamaica, there existed a Minimum Wage Advisory Commission of tripartite composition which periodically made recommendations to the government on pay levels, etc., for the various sectors covered by minimum wages. The Commission had just completed its work on a new national minimum wage which had recently been promulgated, and was currently examining wage rates for security guards and rural bus service workers. Before the end of 1991, the Commission would review the Minimum Wage Orders for the garment industry and printing trades. He assured the present Committee that the Committee of Experts' views on Jamaica's application of the Convention would be conveyed to the Minimum Wage Advisory Commission, where they would have an impact. A comprehensive report, as well as copies of the new Minimum Wage Orders, would be forwarded to the ILO as soon as completed.

The Workers' members stressed that the Committee of Experts had had to "conclude that the wage distinctions based on sex in the 1973 Order have been maintained in the 1989 Order, despite the introduction of neutral language". They pointed out to the government representative that the problem went beyond that of minimum wages. As the Experts had noted, the legislation had been amended, but in a too limited way because only explicit references to sex had been removed and the former definitions had been kept. This meant that tasks carried out by women were systematically underestimated so that, in practice, nothing had really changed. They considered that the present Committee, as had the Committee of Experts, should insist on the Government taking measures, in cooperation with the social partners, to guarantee the principle of equal remuneration between men and women for work of equal value which was set out in the Convention.

The Employers' members noted that the 1989 Order had removed the direct reference to activities of men and women, but that the definition - in the Experts' view - still permitted such a distinction to be made. For example, there could be a distinction based on the body strength of the worker, which generally involved discrimination against women. The determination of the value of the work was extremely difficult and required consensus among the social partners. It could not be done automatically, through scientific criteria, but was a lengthy process touching long-held attitudes and social behaviour. The elimination of sex-based discrimination was taking a long time in Jamaica since this Committee's 1987 report had contained brief indications, practically identical to those given today. In particular, it had been said that there was no distinction as regarded collective agreements and that the tripartite Minimum Wage Commission was carrying out a review and that changes were being considered. They appreciated this, but felt that the conclusions should contain an urgent appeal to the Government for the necessary changes to be made as soon as possible since this question was not being dealt with for the first time.

The Government representative noted the comments of the Workers' and Employers' members and undertook to convey them to this Government.

The Workers' member of Venezuela agreed with the statements concerning the violation by Jamaica of the provisions on wage discrimination on the basis of sex and pointed out that such discrimination also occurred in many other countries in the Caribbean, Latin America and Asia, not only in the printing or clothing industry, but also in cosmetics, the cigarette industry, the furniture industry and in communications. He was of the view that this involved not only problems of minimum wage, but also the conclusion of collective agreements affcting the employment conditions of workers in all these countries.

The Committee took note of the information supplied by the Government representative and the discussion which had taken place in the Committee. It noted that the 1989 Order, despite its adoption, had not removed several discrepancies between the law and practice on the one hand, and the requirements of the Convention on the other. The Committee expressed the strong hope that the Government would supply shortly all the information on the measures taken, in consultation with the social partners, to evaluate and compare jobs on the basis of non-discriminatory criteria and that it would ensure the effective implementation of the principle of equal remuneration between men and women in all branches of the economy.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

The Government has provided the following information...

In Jamaica collective agreements do not differentiate between men and women. In addition, the national minimum wage is applicable to all workers irrespective of sex.

The Minimum Wage Advisory Commission is now reviewing the Printing Trade Minimum Wage Order. The comments concerning different minimum wage rates for female and male workers employed in the same category in the printing industry will be considered.

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

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.

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

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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

Repetition

Article 2 of the Convention. Minimum wages and wage-fixing mechanisms. The Committee notes the information in the Government’s report concerning the setting and payment of minimum wages. The Committee recalls the existence of occupational segregation in the country and that low-paying sectors tend to be dominated by women. The Committee recalls that it has drawn attention to the importance of giving special attention in the design and adjustment of minimum wage schemes to ensuring that minimum wage rates are free from gender bias. The Committee asks the Government to provide information on any action taken 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.

Awareness raising. The Committee asks the Government to report on any information, education, training or guidance developed or provided to ensure that persons responsible for determining rates of remuneration, including those on government bodies, government advisory bodies, trade unions and private sector employers understand how to promote equal remuneration for men and women in accordance with the Convention.

Article 3. Objective job evaluation. The Committee notes the information provided in the Government’s report on the two evaluation systems (grade description and point factor) used in the classification of government employees and wage fixing. The Committee further notes that there are no explicit references to men or women in the classification system or the evaluation criteria. Nevertheless, the Committee understands that in general, within such evaluation systems, some criteria used may have an indirect negative impact on women by undervaluing their skill or the effort required in posts predominantly held by women. The Committee therefore requests the Government to provide the guidelines and specific criteria (for example, physical, mental or emotional effort, skill, working environment) used in both the grade description and point factor evaluation systems. With respect to the private sector, the Committee asks the Government to provide information on any steps taken, with the collaboration of workers’ and employers’ organizations, to develop and implement objective job evaluation methodologies in the private sector.

Monitoring and enforcement. The Committee notes that some improvement has been achieved in the enforcement of the Minimum Wage Act. It further notes that women in higher salary positions also face challenges with respect to the implementation of the Equal Pay Act. Noting the lack of complaints brought under the Equal Pay Act, the Committee hopes that the Government will take the opportunity to review the complaint processes under the Act when it undertakes a review of the Act as urged by the Committee in its observation on the Convention. The Committee asks the Government to continue providing information on inspections, complaints, decisions and cases concerning violations of the principle of equal remuneration. It also asks the Government to report on any information, education, training or guidance developed or provided to ensure that persons responsible for inspecting, advising or handling complaints or potential complaints understand the principle of equal remuneration. It further asks the Government to provide any such information aimed at informing workers of their rights to equal remuneration.

Statistics. Noting the lack of income and wage data disaggregated by sex, the Committee requests the Government to take steps to collect, analyse and publish statistics on the earnings of men and women, by sector and occupation, in the public and private sectors, including men and women covered by the minimum wage schemes in each sector.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee has been pointing out since 1997 that the Employment (Equal Pay for Equal Work) Act of 1975 does not include the concept of “work of equal value” as required by the Convention. The protection under the current law is narrower than the protection contained in the Convention in that it is limited to requiring the payment of equal remuneration for equal work, which is defined as work performed by men and women alike in which the duties, conditions of work and qualifications are similar or substantially similar, and the differences are not of practical importance and do not occur frequently. The Committee has also has emphasized that the application of the concept of “work of equal value” is fundamental to the promotion and achievement of equal pay between men and women in employment and to reducing the gender pay gap. The Committee recalls its previous requests to the Government to review the Act of 1975 in light of the requirements of the Convention and to consider asking for technical assistance from the ILO. It notes from the Government’s reply that these requests have not been taken up by the Government. In this regard, the Committee must recall that in previous years the Government had indicated that it intended to review the Act of 1975. The Committee urges the Government to undertake a review and to update the Employment (Equal Pay for Equal Work) Act of 1975 to bring its provisions and into full conformity with the Convention by welcoming the principle of equal pay for men and women for work of equal value. It hopes that the Government will consider asking the ILO for technical assistance in this regard. The Committee also asks the Government to report on the steps taken to this end, as well as on any other specific measures taken to examine and address the gender pay gap in the public and private sectors.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2 of the Convention. Minimum wages and wage-fixing mechanisms. The Committee notes the information in the Government’s report concerning the setting and payment of minimum wages. The Committee recalls the existence of occupational segregation in the country and that low-paying sectors tend to be dominated by women. The Committee recalls that it has drawn attention to the importance of giving special attention in the design and adjustment of minimum wage schemes to ensuring that minimum wage rates are free from gender bias. The Committee asks the Government to provide information on any action taken 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.

Awareness raising. The Committee asks the Government to report on any information, education, training or guidance developed or provided to ensure that persons responsible for determining rates of remuneration, including those on government bodies, government advisory bodies, trade unions and private sector employers understand how to promote equal remuneration for men and women in accordance with the Convention.

Article 3. Objective job evaluation. The Committee notes the information provided in the Government’s report on the two evaluation systems (grade description and point factor) used in the classification of government employees and wage fixing. The Committee further notes that there are no explicit references to men or women in the classification system or the evaluation criteria. Nevertheless, the Committee understands that in general, within such evaluation systems, some criteria used may have an indirect negative impact on women by undervaluing their skill or the effort required in posts predominantly held by women. The Committee therefore requests the Government to provide the guidelines and specific criteria (for example, physical, mental or emotional effort, skill, working environment) used in both the grade description and point factor evaluation systems. With respect to the private sector, the Committee asks the Government to provide information on any steps taken, with the collaboration of workers’ and employers’ organizations, to develop and implement objective job evaluation methodologies in the private sector.

Monitoring and enforcement. The Committee notes that some improvement has been achieved in the enforcement of the Minimum Wage Act. It further notes that women in higher salary positions also face challenges with respect to the implementation of the Equal Pay Act. Noting the lack of complaints brought under the Equal Pay Act, the Committee hopes that the Government will take the opportunity to review the complaint processes under the Act when it undertakes a review of the Act as urged by the Committee in its observation on the Convention. The Committee asks the Government to continue providing information on inspections, complaints, decisions and cases concerning violations of the principle of equal remuneration. It also asks the Government to report on any information, education, training or guidance developed or provided to ensure that persons responsible for inspecting, advising or handling complaints or potential complaints understand the principle of equal remuneration. It further asks the Government to provide any such information aimed at informing workers of their rights to equal remuneration.

Statistics. Noting the lack of income and wage data disaggregated by sex, the Committee requests the Government to take steps to collect, analyse and publish statistics on the earnings of men and women, by sector and occupation, in the public and private sectors, including men and women covered by the minimum wage schemes in each sector.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee has been pointing out since 1997 that the Employment (Equal Pay for Equal Work) Act of 1975 does not include the concept of “work of equal value” as required by the Convention. The protection under the current law is narrower than the protection contained in the Convention in that it is limited to requiring the payment of equal remuneration for equal work, which is defined as work performed by men and women alike in which the duties, conditions of work and qualifications are similar or substantially similar, and the differences are not of practical importance and do not occur frequently. The Committee has also has emphasized that the application of the concept of “work of equal value” is fundamental to the promotion and achievement of equal pay between men and women in employment and to reducing the gender pay gap. The Committee recalls its previous requests to the Government to review the Act of 1975 in light of the requirements of the Convention and to consider asking for technical assistance from the ILO. It notes from the Government’s reply that these requests have not been taken up by the Government. In this regard, the Committee must recall that in previous years the Government had indicated that it intended to review the Act of 1975. The Committee urges the Government to undertake a review and to update the Employment (Equal Pay for Equal Work) Act of 1975 to bring its provisions and into full conformity with the Convention by welcoming the principle of equal pay for men and women for work of equal value. It hopes that the Government will consider asking the ILO for technical assistance in this regard. The Committee also asks the Government to report on the steps taken to this end, as well as on any other specific measures taken to examine and address the gender pay gap in the public and private sectors.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2 of the Convention. Minimum wages. Recalling its previous comments regarding the problem of non-payment of minimum wages of household employees, restaurant and counter clerks in shops and private security personnel, the Committee notes the Government’s indication that there are more complaints related to the Minimum Wages Act lodged by women than men because these are sectors employing more women (with the exception of private security). The Government also indicates that while men are not barred from working in these areas, as the wages in these sectors are low, men are not willing to accept these jobs. Noting the Government’s acknowledgement that sectors which have lower rates of remuneration tend to be dominated by women, the Committee recalls that due to such occupational segregation, special attention is needed in the design and adjustment of minimum wage schemes to ensure that the rates fixed are free from gender bias (General survey on fundamental Conventions, 2012, paragraph 683). The Committee asks the Government to provide information on how it ensures that minimum wage rates are established free from direct or indirect gender bias and in particular that skills considered to be “female” are not undervalued. Please also provide information on any measures taken or envisaged to improve women’s access to higher paying jobs.

Article 3. Objective job evaluation. The Government indicates that the Performance Management Appraisal System (PMAS) is used to appraise individual performance in the public sector. The Committee recalls that Article 3 of the Convention is concerned with measuring the relative value of jobs with varying content on the basis of the work to be performed, and not with evaluating the performance of an individual worker (General survey, ibid., paragraph 695). The Committee notes the Government’s indication that wage rates in the civil service are based on qualifications, work experience and scope of responsibility, and that there are no distinctions made based on gender. The Government also indicates that 75 per cent of civil service jobs are assessed based on a quantitative grade description evaluation method, while the remaining 25 per cent are subject to a point factor evaluation system which is qualitative in nature. According to the Government, the Public Sector Modernization Programme and the Classification of Government Employees evaluate jobs based on duties to be performed and the type and level of work in order to prescribe qualifications and performance standards to be used in recruitment and determination of pay, among other aspects. The Committee requests information on the criteria used in both the grade description and point factor systems of evaluation, and asks the Government to indicate how these evaluation tools interact with the Public Sector Modernization Programme and the Classification of Government Employees. Noting the Government’s indication that there may have been problems of implementation of the principle of equal remuneration for men and women in the private sector, the Committee also asks the Government to provide information on any steps taken, with the collaboration of employers’ and workers’ organizations, to develop and implement objective job evaluation methods in the private sector, using factors such as skills, effort, responsibilities and working conditions.

Parts III and IV of the report form. Monitoring and enforcement. The Government indicates that routine inspections are carried out in order to detect violations of the Convention, and that employers are brought into compliance by the threat of court action. The Government also indicates that although the Pay and Conditions of Employment Branch (PCEB) is tasked with the responsibility of responding to employment related complaints, it has not encountered any complaints related to equal remuneration. The Committee requests the Government to provide information on violations of the principle of equal remuneration detected by or brought to the attention of labour inspectors, including any court cases concerning the Convention. The Government is also requested to provide information on any measures taken or envisaged to promote awareness of the principle of equality of remuneration for men and women.

Part V. Statistics. The Committee asks the Government to provide statistics on the earnings of men and women by sector and occupation, including information on the operation of minimum wage schemes in each sector.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that the Employment (Equal Pay for Equal Work) Act, 1975 (the Equal Pay Act) requires employers to pay women and men equal pay for “equal work”, and is thus narrower than the principle of the Convention, as it does not fully capture the concept of “work of equal value”. The Committee notes the Government’s indication that no consideration has been given to amending the Act since it was felt that it dealt adequately with the issue of equal pay for men and women performing similar tasks. The Committee notes further that in its report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government indicates that a review of the Equal Pay Act is currently under way. The Committee also notes the concluding observations of the UN Committee on the Elimination of Discrimination against Women (CEDAW) raising concerns regarding the concentration of women in low-paying jobs, and the horizontal and vertical gender segregation of the labour market (CEDAW/C/JAM/CO/6-7, 27 July 2012, paragraph 27). The Committee also notes that the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concern regarding the wage gap between men and women (E/C.12/JAM/CO/3-4, 10 June 2013, paragraph 14). The Committee recalls that the concept of “work of equal value” is fundamental to tackling occupational sex segregation, 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 (see General Survey on fundamental Conventions, 2012, paragraph 673). The Committee urges the Government to take the opportunity of the review of the Equal Pay Act to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and asks the Government to consider requesting ILO technical assistance in this regard. The Committee also asks the Government to provide information on the steps taken to this end, as well as on the specific measures taken to address occupational sex segregation and the gender pay gap, in the public and the private sectors.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Measures to address the gender wage gap. The Committee notes that the Government’s report does not reply to its request for information on the measures taken or envisaged to promote the principle of the Convention. The Committee therefore once again asks the Government to provide information on the measures taken to promote the application of the Convention through policies aimed at promoting equal access of women to all occupations and economic sectors, especially to decision making and management posts in both the public and private sectors, and on their effect on the elimination of wage differentials. The Committee also again asks the Government to provide copies of salary scales in the civil service, disaggregated by sex.

Application of the principle through collective agreements. In its previous comments, the Committee asked the Government to supply copies of collective agreements. Noting that the requested documents were not included in the Government’s report, the Committee once again asks the Government to provide copies of collective agreements that include provisions on equal remuneration and applicable wage scales. Please also provide information on the distribution of men and women in the different wage scales and occupations covered, so as to enable the Committee to assess the extent to which the principle of the Convention is applied through collective agreements.

Article 3. Objective job evaluation in the public sector. The Committee notes the Government’s indication that the Performance Management Appraisal System (PMAS) in the public sector ensures that promotions and salary increases are granted according to the efficiency of the performance of workers or once the agreed performance targets are met. The Government also indicates that specific salaries are assigned to all job positions, therefore the salary remains the same regardless of gender. The Committee considers that it is still not clear whether the PMAS is related to the evaluation of the content of the different jobs for the purpose of determining remuneration or whether it is a system to appraise the performance of individual staff. The Committee recalls that Article 3 is concerned with the analysis of the content of specific jobs or positions on the basis of entirely objective and non-discriminatory criteria, such as skill, effort, responsibilities and working conditions, rather than evaluating the performance of an individual. The Committee asks the Government to clarify whether the PMAS applies to analysing and classifying jobs for the purpose of remuneration determination and to describe the method and criteria used to that end.

Enforcement of equal remuneration and minimum wage legislation. The Committee notes the Government’s indication that it is possible that industrial action could be taken if gender is used to determine salary levels rather than the position being held. While the availability of industrial action is important, the Committee does not consider such possibility to be sufficient to ensure the effective application and enforcement of the principle of the Convention. The Committee also notes the enactment of the National Minimum Wage (Amendment) Order 2011, and the statistical information provided by the Government concerning the distribution of men and women in the sectors where non-payment of minimum wages has been most problematic. The Committee notes that household employees, restaurant (catering trade hotels), counter clerks in shops and private security personnel are the sectors where non-payment of minimum wages has been most problematic, and that the number of women who submitted complaints relating to the Minimum Wages Act is significantly higher than men. The Committee asks the Government to provide information on the following:

• (i) the measures taken to ensure that the minimum wage legislation as well as other legislation relevant to the application of the principle of the Convention is effectively enforced for both women and men;
• (ii) the number of men and women respectively in the following sectors: household employees, restaurant (catering trade hotels), counter clerks in shops and private security personnel;
• (iii) the underlying causes of the unequal distribution of men and women who lodged complaints in the above sectors;
• (iv) any obstacles with respect to its enforcement that disproportionately affect women workers; and
• (v) any activities carried out by the Pay and Conditions of Employment Branch (PCEB) with respect to equal remuneration.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(b) of the Convention. Legislation. Equal remuneration for work of equal value. The Committee recalls that it has been asking the Government for a number of years to take steps to revise section 2 of the Employment (Equal Pay for Equal Work) Act 1975 as it does not give full legislative expression to the concept of “work of equal value” set out in the Convention, and it is limited to comparing “similar” or “substantially similar” job requirements. The Committee recalls that “equal remuneration for work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and encompasses in addition work that is of an entirely different nature, but which is nevertheless of equal value. The Committee notes the Government’s indication that the review of the Employment (Equal Pay for Equal Work) Act 1975 is still in process. The Committee again urges the Government to take this opportunity to revise section 2 of the Act, in order to incorporate in the legislation the concept of “work of equal value” and give full expression to the principle of equal remuneration for men and women for work of equal value, and asks the Government to provide specific information of progress made in this respect.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2 of the Convention. Measures to address the wage gap between men and women. The Committee notes that the Government’s report does not reply to its request for information on the measures taken or envisaged to promote the principles of the Convention. The Committee therefore once again asks the Government to provide information on the measures taken to promote the application of the Convention through policies aimed at promoting equal access of women to all occupations and economic sectors, especially to decision-making and management posts in both the public and private sectors, and on their effect on the elimination of wage differentials that occur through the segregation of women in the labour market at all salary levels.

Application of the principle through collective agreements. In a previous report, the Government indicated that equal remuneration was applied in practice through collective agreements. The Committee therefore asked the Government to supply copies of such agreements and the Government indicated that it would send them after it had sought permission from the social partners. Noting that the requested documents were not included in the Government’s report, the Committee once again asks the Government to provide copies of collective agreements that include provisions on equal remuneration and applicable wage scales. Please also provide an indication of the distribution of men and women in the different wages scales and occupations covered, so as to enable the Committee to assess the extent to which the principle of the Convention is applied through collective agreements.

Article 3. Objective job evaluation in the public service. The Committee notes the Government’s indication that the Performance Management Appraisal System (PMAS) that has been in the process of being implemented for several years in the public service, once fully implemented, will seek to ensure efficient job performance based on agreed performance targets for the positions held. According to the Government’s report, the salary scales establishing remuneration for the civil service are based on the technical and administrative responsibilities of the position and the level of professional and academic qualification required. Furthermore, the Committee notes that the statistical data provided by the Government on the distribution of men and women in the central Government show that men and women tend to be concentrated in different job groups. With respect to the PMAS, the Committee notes that it is not clear whether it is related to the evaluation of the content of the different jobs for the purpose of determining remuneration or whether it is a system to appraise the performance of individual staff. In this regard, the Committee wishes to clarify that Article 3 is concerned with the analysis of the content of specific jobs or positions on the basis of entirely objective and non-discriminatory criteria, such as skill, effort, responsibilities and working conditions, rather than evaluating the performance of an individual. It also wishes to emphasize that such an objective job evaluation method is particularly important to address occupational segregation, where men and women perform different jobs, and to ensure that tasks traditionally performed by women are not undervalued or even overlooked in comparison with those of men performing different tasks and using different skills. The Committee asks the Government to indicate how it is ensured that men and women receive equal remuneration for work of equal value in the civil service, and to clarify whether the PMAS aims at analysing and classifying jobs for the purpose of remuneration determination and to describe the method and criteria used to that end. Please also provide copies of salary scales in the civil service, disaggregated by sex.

Enforcement of equal remuneration and minimum wage legislation. Noting the absence of a reply to its previous request, the Committee once again asks the Government to provide information on the following: (i) the distribution of men and women in the sectors where non-payment of minimum wages has been most problematic; (ii) the measures taken to ensure that the minimum wage legislation as well as other legislation relevant to the application of the principle of the Convention is effectively enforced for both women and men; and (iii) any obstacles with respect to its enforcement that disproportionately affect women workers. Please also provide information on any activities carried out by the Pay and Conditions of Employment Branch (PCEB) with respect to equal remuneration.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(b) of the Convention. Legislation. Equal remuneration for work of equal value. For several years, the Committee has been asking the Government to take steps to revise section 2 of the Employment (Equal Pay for Equal Work) Act 1975 since this section refers to “similar” or “substantially similar” job requirements and therefore does not give full legislative expression to the concept of “work of equal value” set out in the Convention. “Equal remuneration for work of equal value” includes but goes 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. Noting the Government’s statement that a review of the Employment (Equal Pay for Equal Work) Act 1975 is currently under way, the Committee urges the Government to take this opportunity to revise section 2 of the Act, in order to incorporate in the legislation the concept of “work of equal value” and give full expression to the principle of equal remuneration for men and women for work of equal value. The Committee hopes that the Government will be in a position to report progress in this respect in the near future.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. Measures to address the wage gap between men and women. The Committee notes the Government’s statement that the requested information on the measures taken or envisaged to promote the principles of the Convention is forthcoming. The Committee trusts that the Government’s next report will include information on the measures taken to promote the application of the Convention through policies aimed at promoting equal access of women to all occupations and economic sectors, especially to decision-making and management posts in both the public and private sectors, and on their effect on the elimination of wage differentials between men and women at all salary levels.

Application of the principle through collective agreements. The Committee notes the Government’s statement that it will send copies of collective agreements for various industries and enterprises in the private sector after it has sought permission from the social partners. The Committee hopes that the Government’s next report will include copies of relevant collective agreements, as well as information on the applicable wage scales and an indication of the distribution of men and women in the different wages scales and occupations.

Wage differentials in the civil service. The Committee notes the Government’s statement that wages in the Jamaica Civil Service are attached to posts and that no differences in pay exist between men and women. Consequently, men and women can occupy positions at the same level without discrimination based on sex. The Committee draws the attention of the Government to the fact that vertical and horizontal segregation of men and women in certain occupations, where women are often concentrated in the lower paid jobs, is considered to be one of the main underlying causes of pay differentials that may exist between men and women. The Committee draws the Government’s attention in this regard to its 2006 general observation on this Convention. The Committee therefore asks the Government to provide information, disaggregated by sex, on the distribution of men and women by classification grades and relevant pay scales in the civil service.

Article 3. Objective job evaluation in the public sector. With respect to the use of objective job appraisals systems in the public sector free from gender bias, the Committee notes the Government’s statement that the Government of Jamaica is still in the process of changing over to a fully quantitative method of job evaluation (PMAS performance management and appraisal system), which is to be completed in April 2008. It notes that 75 per cent of the jobs in the civil service are now based on this quantitative job evaluation methodology. The Committee looks forward to the finalization of the process towards a quantitative process of job evaluation in the public sector and asks the Government to keep it informed of the progress made towards ensuring the application of the principle of the Convention in the public sector through the objective evaluation of jobs without gender bias.

Enforcement of equal pay and minimum wage legislation. The Committee refers to its previous comments relating to problems of enforcement concerning complaints made by women relating to the Employment (Termination and Redundancy Payments) Act, the Holidays with Pay Act and the Minimum Wage Act, and the non-payment of minimum wages. The Committee notes the Government’s statement that the principle of equal remuneration operates quite effectively at the minimum wage level but that less progress has been made at the higher salary levels. The Committee hopes that the Government’s next report will contain information on the following: (i) the distribution of men and women in the sectors where non-payment of minimum wages has been most problematic; (ii) the measures taken to ensure that the minimum wage legislation as well as other legislation relevant to the effective application of the principle of the Convention is effectively enforced for both women and men; and (iii) any obstacles with respect to its enforcement that disproportionately affect women workers. Please also provide information on the measures taken or envisaged to ensure or promote the application of the principle of equal remuneration for men and women for work of equal value at the higher salary levels.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(b) of the Convention. Legislation – equal remuneration for work of equal value. The Committee has been pointing out for a number of years that section 2 of the Employment (Equal Pay for Equal Work) Act of 1975 by referring to “similar” or “substantially similar” job requirements only applies the principle of equal remuneration for equal work, whereas the Convention provides for equal remuneration for men and women for work of “equal value”, even though the jobs compared are different in nature. Although the Committee has noted in the past the commitment and efforts made by the Government to make progress in reducing the wage differentials between men and women, it regrets that once again the Government states that no consideration has yet been given to the amendment of the abovementioned legislation. The Committee draws the Government’s attention to the general observation of 2006 on this Convention underscoring the importance and clarifying the meaning of “work of equal value”. In this observation, the Committee, noting that legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination against women, urges governments to take the necessary steps to amend their legislation. Such legislation should provide not only for equal remuneration for equal, the same or similar work, but should also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee urges the Government to take steps to revise section 2 of the Employment (Equal Pay for Equal Work) Act, 1975, and to indicate the progress made in this regard as well as any other measures taken to ensure conformity with Article 1(b) of the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2 of the Convention. Measures to address the wage gap between men and women. The Committee notes the Government’s statement that the requested information on the measures taken or envisaged to promote the principles of the Convention is forthcoming. The Committee trusts that the Government’s next report will include information on the measures taken to promote the application of the Convention through policies aimed at promoting equal access of women to all occupations and economic sectors, especially to decision-making and management posts in both the public and private sectors, and on their effect on the elimination of wage differentials between men and women at all salary levels.

2. Application of the principle through collective agreements. The Committee notes the Government’s statement that it will send copies of collective agreements for various industries and enterprises in the private sector after it has sought permission from the social partners. The Committee hopes that the Government’s next report will include copies of relevant collective agreements, as well as information on the applicable wage scales and an indication of the distribution of men and women in the different wages scales and occupations.

3. Wage differentials in the civil service. The Committee notes the Government’s statement that wages in the Jamaica Civil Service are attached to posts and that no differences in pay exist between men and women. Consequently, men and women can occupy positions at the same level without discrimination based on sex. The Committee draws the attention of the Government to the fact that vertical and horizontal segregation of men and women in certain occupations, where women are often concentrated in the lower paid jobs, is considered to be one of the main underlying causes of pay differentials that may exist between men and women. The Committee draws the Government’s attention in this regard to its 2006 general observation on this Convention. The Committee therefore asks the Government to provide information, disaggregated by sex, on the distribution of men and women by classification grades and relevant pay scales in the civil service.

4. Article 3. Objective job evaluation in the public sector. With respect to the use of objective job appraisals systems in the public sector free from gender bias, the Committee notes the Government’s statement that the Government of Jamaica is still in the process of changing over to a fully quantitative method of job evaluation (PMAS performance management and appraisal system), which is to be completed in April 2008. It notes that 75 per cent of the jobs in the civil service are now based on this quantitative job evaluation methodology. The Committee looks forward to the finalization of the process towards a quantitative process of job evaluation in the public sector and asks the Government to keep it informed of the progress made towards ensuring the application of the principle of the Convention in the public sector through the objective evaluation of jobs without gender bias.

5. Enforcement of equal pay and minimum wage legislation. The Committee refers to its previous comments relating to problems of enforcement concerning complaints made by women relating to the Employment (Termination and Redundancy Payments) Act, the Holidays with Pay Act and the Minimum Wage Act, and the non-payment of minimum wages. The Committee notes the Government’s statement that the principle of equal remuneration operates quite effectively at the minimum wage level but that less progress has been made at the higher salary levels. The Committee hopes that the Government’s next report will contain information on the following: (i) the distribution of men and women in the sectors where non-payment of minimum wages has been most problematic; (ii) the measures taken to ensure that the minimum wage legislation as well as other legislation relevant to the effective application of the principle of the Convention is effectively enforced for both women and men; and (iii) any obstacles with respect to its enforcement that disproportionately affect women workers. Please also provide information on the measures taken or envisaged to ensure or promote the application of the principle of equal remuneration for men and women for work of equal value at the higher salary levels.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(b) of the Convention. Legislation – equal remuneration for work of equal value. The Committee has been pointing out for a number of years that section 2 of the Employment (Equal Pay for Equal Work) Act of 1975 by referring to “similar” or “substantially similar” job requirements only applies the principle of equal remuneration, whereas the Convention provides for equal remuneration for men and women for work of “equal value”, even though the jobs compared are different in nature. Although the Committee has noted in the past the commitment and efforts made by the Government to make progress in reducing the wage differentials between men and women, it regrets that once again the Government states that no consideration has yet been given to the amendment of the abovementioned legislation. The Committee draws the Government’s attention to the general observation of 2006 on this Convention underscoring the importance and clarifying the meaning of “work of equal value”. In this observation, the Committee, noting that legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination against women, urges governments to take the necessary steps to amend their legislation. Such legislation should provide not only for equal remuneration for equal, the same or similar work, but should also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee urges the Government to take steps to revise section 2 of the Employment (Equal Pay for Equal Work) Act, 1975, and to indicate the progress made in this regard as well as any other measures taken to ensure conformity with Article 1(b) of the Convention.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1(b) of the Convention. Legislation - equal remuneration for work of equal value. The Committee notes with regret that no steps have been taken to amend section 2 of the Employment (Equal Pay for Equal Work) Act of 1975, which only applies the principle of equal remuneration to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work which is different but which is still of "equal value". Furthermore, the Government failed to provide any information indicating that other measures are being taken to ensure the application of equal remuneration for not only similar work but also for work that may be different in nature but still of equal value. It urges the Government to instigate, at least, discussions aimed at a possible revision of section 2 of the Employment (Equal Pay for Equal Work) Act, 1975, and to report, at the Committee’s next session, on the progress made as well as on any other measures taken to ensure conformity with Article 1(b) of the Convention.

2. Article 2. Measures to address the wage gap. With reference to its previous request for information on the measures taken to address vertical and horizontal occupational segregation of women into lower paying jobs or occupations without promotion opportunities, the Committee notes that the Government merely repeats the information provided in previous reports. The Committee therefore reiterates its previous request to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at promoting equal access of women to all occupations and economic sectors, especially to decision-making and management posts in both the public and private sectors, and on their effect on the elimination of wage differentials between men and women at all salary levels.

3. Application of the principle through collective agreements. Noting once again that no information is provided on how the principle is applied in practice through collective agreements, the Committee trusts that the Government’s next report will include copies of relevant collective agreements for various industries or enterprises in the private sector, including the applicable wage scales, and an indication of the distribution of men and women in the different occupations and wage scales covered by the collective agreements.

4. Article 3. Objective job evaluation in the public service. The Committee notes that the Technical Reference Manual on the performance management and appraisal system includes guidelines for the formulation and use of job descriptions in the public service. It notes that job descriptions should include elements related to job purpose and expected output, key areas of responsibility and duty, required competencies (e.g. skills, knowledge and abilities), education and experience, special conditions associated with the job, and level of responsibility. In order to enable the Committee to assess effectively how the abovementioned system ensures in practice the promotion of equal remuneration for men and women for work of equal value in the public service, the Committee asks the Government to provide information in its next report on the distribution of men and women by classification grades and relevant pay scales in the public service and on any further progress made towards ensuring the application of the principle in the public service through the objective evaluation of jobs without gender bias.

5. Enforcement of equal pay and minimum wage legislation. The Committee notes from the Statistical Bulletin of 2002 published by the Ministry of Labour and Social Security (MLSS) that complaints regarding pay and conditions of employment mostly related to the Employment (Termination and Redundancy Payments) Act and the Holidays with Pay Act and that 54.8 per cent of the complaints were lodged by women. In addition, the Committee notes that the number of women who submitted complaints relating to the Minimum Wages Act is significantly higher than men. However, the Committee notes with concern that the MLSS received no money deposits from employers with respect to the Minimum Wages Act and the Maternity Leave Act, and that men accounted for over 50 per cent of the persons paid from deposits by employers relating to the Employment (Termination and Redundancy Payments) Act and the Holidays with Pay Act. Recalling that the minimum wage is a significant means of promoting the application of the Convention, the Committee asks the Government to provide information in its next report on: (i) the distribution of men and women in the sectors where non-payment of minimum wages has been most problematic; and (ii) the measures taken to ensure that the minimum wage legislation as well as other legislation relevant to the effective application of the principle of the Convention is effectively enforced for both women and men, and that obstacles with respect to its enforcement do not disproportionately affect women workers.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided in the Government’s report and the attached schedules setting out the classification/pay levels and distribution by sex in the public services.

1. The Committee notes from the Government’s report that there still have been no amendments to the Employment (Equal Pay for Equal Work) Act of 1975. The Committee has been pointing out for a number of years that section 2 of the Act only refers to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work of "equal value", even though the work may be of a different nature. In this regard, the Committee again draws the Government’s attention to paragraphs 19 and 20 of the General Survey of 1986 on equal remuneration explaining "work of equal value". While the Committee notes the efforts by the Government to make progress in reducing the wage differentials between men and women, particularly through the adoption of the Equal Pay for Men and Women Act of 1975 and of the 2001 Minimum Wage Order, it hopes that the next report will include information on the Government’s intention to ensure conformity with Article 1 of the Convention through legislation or other measures.

2. The Committee welcomes the acknowledgement by the Government that, while the principle of equal remuneration operates quite effectively at the minimum wage level, less progress has been made at high salary levels. In this regard, the Committee notes the Government’s assertion that, in the printing industry, "males tend to do more highly skilled, physical tasks, whereas females perform in more clerical, administrative roles". The Committee also notes that, according to the Government’s data, approximately 2.7 per cent of males in the public service earn more than US$1 million, while only 1.4 per cent of women earn above this amount. The Committee recalls that horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities is one of the causes of pay differentials between men and women, and asks the Government to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at labour market desegregation (e.g., promoting equal access of women to all occupations and economic sectors and to jobs with decision making and management), for both the public and private sector.

3. The Committee notes that the Government is changing over to a fully quantitative method of job evaluation for the civil service. The Committee also notes the Government’s reiteration of the point that the public sector modernization programme and reclassification of Government employees are forms of job appraisal that promote an objective appraisal of jobs on the basis of the work to be performed. Lastly, the Committee notes that the programme describes civil service positions in terms of the kinds and levels of work, and prescribes qualifications and performance standards to be used in, among others, recruitment and selection, training, career development and determination of pay. The Committee would be grateful if the Government would provide information about the quantitative method, as well as detailed information on the qualifications and performance standards that the programme has developed and the means by which gender bias has been avoided in their development and implementation.

4. The Committee notes with interest that significant progress has been made in reducing the differential wage rates for male and female workers at the minimum wage level. It notes, in this regard, changes in the national minimum wage effected by the Minimum Wage Order of 2001. The Committee asks the Government to continue to provide information regarding this reduction in differential wage rates, including statistical data, on minimum wages actually paid to men and women.

5. While noting the Government’s statement in its report that collective agreements are one of the practical means by which the principle of equal remuneration is applied, the Committee nevertheless repeats its request that the Government provide copies of current collective agreements for various industries or enterprises in the private sector, and to provide information on applicable wage scales, as well as on the distribution of men and women in the different occupations and levels covered by the collective agreements.

6. The Committee notes that the Pay and Conditions of Employment Branch is responsible for enforcing the equal pay and minimum wage provisions of national law. The Committee asks the Government to provide information on the enforcement activities of this Branch, including statistics on numbers of investigations performed, violations discovered and remedies applied.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

        The Committee notes the information in the Government’s report and the attached schedules setting out the classification/pay levels and distribution by sex in the public service as well as the statistical information on the prevailing wage scales of men and women in some larger companies in the garment industry. The Committee also acknowledges the information on the discontinuation of the payment of marriage allowances to male teachers only.

        1. The Committee notes from the Government’s report that no amendments to the Employment (Equal Pay for Equal Work) Act of 1975 have been made. The Committee has been pointing out for years that section 2 of the Act only refers to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work of "equal value", even though the work is of a different nature. In this regard, the Committee draws the Government’s attention to paragraphs 19 and 20 of the 1986 General Survey on equal remuneration explaining "work of equal value". While the Committee notes the efforts by the Government to make progress in reducing the wage differentials between men and women, particularly through the adoption of the Equal Pay for Men and Women Act of 1975 and of the 1996 Minimum Wage Order, which now include women working in the garment industry and household workers, it hopes that the next report will include information on the Government’s intention to ensure conformity with Article 1 of the Convention through legislation or other measures. In this regard, please provide information on the outcome of the review of the relevant labour legislation by the Labour Advisory Committee.

        2. The Committee notes the information in the Government’s report on the multiple wage system applied by the manufacturing industry, based on the type and complexity of the manufacturing operation, with the National Minimum Wage (Amendment) Order, 1996 setting the wage floor. In this regard, the Committee welcomes the statistical information provided by the Government on the actual monthly and weekly paid wage scales of employees in two larger garment factories. The data provided allow the Committee to conclude its long-standing question about the existing differentials in the pay scales and job categories in the garment industry, as it appears that systemic wage differentials no longer exist in the garment industries. However, the Committee does note that in some areas, especially with regard to weekly wages of skilled and unskilled employees, the wage gap appears to correlate to some extent with gender. The Committee hopes that the Government, in its next report, will provide similar statistical information on wage scales in the printing industry.

        3. The Committee notes the statistical data provided by the Government on the male and female ratio of active employees according to age in the HRMIS database and on the 1997-98 salary scales by occupation in the public service. However, it also notes that these data are not disaggregated by sex and therefore requests the Government to supply statistical information disaggregated by sex on the salary scales and actual earnings in the public sector, together with an indication of the percentage of men and women employed at different levels, in order to be able to examine fully the application of the principle of the Convention in the public service.

        4. The Committee notes the Government’s statement that the Public Sector Modernization Programme and reclassification of government employees are forms of job appraisal and promote an objective appraisal of jobs on the basis of the work to be performed. The Committee would be grateful if the Government could provide, in its next report, detailed information on the criteria on the basis of which the reclassification and job evaluation through the Modernization Programme is determined, and on the way that gender bias is being eliminated in these job evaluation methods. In this regard, the Government will derive assistance from paragraphs 139 to 144 of the 1986 General Survey on equal remuneration on the use of analytical methods of objective job appraisal and on the extent and levels at which job evaluation is practised. In the meantime, the Committee hopes that the abovementioned methods used for objective job appraisal are applied in accordance with the principle of the Convention.

        5. While noting the Government’s statement in its report that collective agreements within the public or private sector do not contain distinctions based on gender, the Committee nevertheless repeats its request that the Government provide copies of current collective agreements for various industries or enterprises in the private sector which contain wage scales, and to provide information on the distribution of men and women in the different occupations and levels covered by the collective agreements.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the information in the Government’s report and the attached schedules setting out the classification/pay levels and distribution by sex in the public service as well as the statistical information on the prevailing wage scales of men and women in some larger companies in the garment industry. The Committee also acknowledges the information on the discontinuation of the payment of marriage allowances to male teachers only.

1.  The Committee notes from the Government’s report that no amendments to the Employment (Equal Pay for Equal Work ) Act of 1975 have been made. The Committee has been pointing out for years that section 2 of the Act only refers to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work of "equal value", even though the work is of a different nature. In this regard, the Committee draws the Government’s attention to paragraphs 19 and 20 of the 1986 General Survey on equal remuneration explaining "work of equal value". While the Committee notes the efforts by the Government to make progress in reducing the wage differentials between men and women, particularly through the adoption of the Equal Pay for Men and Women Act of 1975 and of the 1996 Minimum Wage Order, which now include women working in the garment industry and household workers, it hopes that the next report will include information on the Government’s intention to ensure conformity with Article 1 of the Convention through legislation or other measures. In this regard, please provide information on the outcome of the review of the relevant labour legislation by the Labour Advisory Committee.

2.  The Committee notes the information in the Government’s report on the multiple wage system applied by the manufacturing industry, based on the type and complexity of the manufacturing operation, with the National Minimum Wage (Amendment) Order, 1996 setting the wage floor. In this regard, the Committee welcomes the statistical information provided by the Government on the actual monthly and weekly paid wage scales of employees in two larger garment factories. The data provided allow the Committee to conclude its long-standing question about the existing differentials in the pay scales and job categories in the garment industry, as it appears that systemic wage differentials no longer exist in the garment industries. However, the Committee does note that in some areas, especially with regard to weekly wages of skilled and unskilled employees, the wage gap appears to correlate to some extent with gender. The Committee hopes that the Government, in its next report, will provide similar statistical information on wage scales in the printing industry.

3.  The Committee notes the statistical data provided by the Government on the male and female ratio of active employees according to age in the HRMIS database and on the 1997-98 salary scales by occupation in the public service. However, it also notes that these data are not dissagregated by sex and therefore requests the Government to supply statistical information dissagregated by sex on the salary scales and actual earnings in the public sector, together with an indication of the percentage of men and women employed at different levels, in order to be able to examine fully the application of the principle of the Convention in the public service.

4.  The Committee notes the Government’s statement that the Public Sector Modernization Programme and reclassification of government employees are forms of job appraisal and promote an objective appraisal of jobs on the basis of the work to be performed. The Committee would be grateful if the Government could provide, in its next report, detailed information on the criteria on the basis of which the reclassification and job evaluation through the Modernization Programme is determined, and on the way that gender bias is being eliminated in these job evaluation methods. In this regard, the Government will derive assistance from paragraphs 139 to 144 of the 1986 General Survey on equal remuneration on the use of analytical methods of objective job appraisal and on the extent and levels at which job evaluation is practised. In the meantime, the Committee hopes that the abovementioned methods used for objective job appraisal are applied in accordance with the principle of the Convention.

5.  While noting the Government’s statement in its report that collective agreements within the public or private sector do not contain distinctions based on gender, the Committee nevertheless repeats its request that the Government provide copies of current collective agreements for various industries or enterprises in the private sector which contain wage scales, and to provide information on the distribution of men and women in the different occupations and levels covered by the collective agreements.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information in the Government's report and the attached schedules setting out the classification/pay levels and distribution by sex in the public service as well as the statistical information on the prevailing wage scales of men and women in some larger companies in the garment industry. The Committee also acknowledges the information on the discontinuation of the payment of marriage allowances to male teachers only.

1. The Committee notes from the Government's report that no amendments to the Employment (Equal Pay for Equal Work ) Act of 1975 have been made. The Committee has been pointing out for years that section 2 of the Act only refers to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work of "equal value", even though the work is of a different nature. In this regard, the Committee draws the Government's attention to paragraphs 19 and 20 of the 1986 General Survey on equal remuneration explaining "work of equal value". While the Committee notes the efforts by the Government to make progress in reducing the wage differentials between men and women, particularly through the adoption of the Equal Pay for Men and Women Act of 1975 and of the 1996 Minimum Wage Order, which now include women working in the garment industry and household workers, it hopes that the next report will include information on the Government's intention to ensure conformity with Article 1 of the Convention through legislation or other measures. In this regard, please provide information on the outcome of the review of the relevant labour legislation by the Labour Advisory Committee.

2. The Committee notes the information in the Government's report on the multiple wage system applied by the manufacturing industry, based on the type and complexity of the manufacturing operation, with the National Minimum Wage (Amendment) Order, 1996 setting the wage floor. In this regard, the Committee welcomes the statistical information provided by the Government on the actual monthly and weekly paid wage scales of employees in two larger garment factories. The data provided allow the Committee to conclude its long-standing question about the existing differentials in the pay scales and job categories in the garment industry, as it appears that systemic wage differentials no longer exist in the garment industries. However, the Committee does note that in some areas, especially with regard to weekly wages of skilled and unskilled employees, the wage gap appears to correlate to some extent with gender. The Committee hopes that the Government, in its next report, will provide similar statistical information on wage scales in the printing industry.

3. The Committee notes the statistical data provided by the Government on the male and female ratio of active employees according to age in the HRMIS database and on the 1997-98 salary scales by occupation in the public service. However, it also notes that these data are not dissagregated by sex and therefore requests the Government to supply statistical information dissagregated by sex on the salary scales and actual earnings in the public sector, together with an indication of the percentage of men and women employed at different levels, in order to be able to examine fully the application of the principle of the Convention in the public service.

4. The Committee notes the Government's statement that the Public Sector Modernization Programme and reclassification of government employees are forms of job appraisal and promote an objective appraisal of jobs on the basis of the work to be performed. The Committee would be grateful if the Government could provide, in its next report, detailed information on the criteria on the basis of which the reclassification and job evaluation through the Modernization Programme is determined, and on the way that gender bias is being eliminated in these job evaluation methods. In this regard, the Government will derive assistance from paragraphs 139 to 144 of the 1986 General Survey on equal remuneration on the use of analytical methods of objective job appraisal and on the extent and levels at which job evaluation is practised. In the meantime, the Committee hopes that the above-mentioned methods used for objective job appraisal are applied in accordance with the principle of the Convention.

5. While noting the Government's statement in its report that collective agreements within the public or private sector do not contain distinctions based on gender, the Committee nevertheless repeats its request that the Government provide copies of current collective agreements for various industries or enterprises in the private sector which contain wage scales, and to provide information on the distribution of men and women in the different occupations and levels covered by the collective agreements.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information contained in the Government's report and attached documentation.

1. In its previous direct request, the Committee had pointed out that section 2 of the Employment (Equal Pay for Men and Women) Act, 1975, only refers to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work of "equal value", even of a different nature. The Committee notes that the tripartite Labour Advisory Committee is currently undertaking a review of all labour legislation and that information concerning the outcome of this review will be provided when available. The Committee hopes that the Government will be able to provide information in the near future on any measures taken or contemplated to ensure legislative conformity with the provisions of the Convention. Please also indicate, if appropriate, the extent to which any amendments to the national legislation are in line with the model legislation adopted by the 15 member Caribbean Community (CARICOM) on equality of opportunity and treatment in employment and occupation.

2. In previous comments, the Committee noted that the Minimum Wage (Printing Trade) Order, 1973, which had provided for sex-differentiated job categories and pay scales had been revoked by the Minimum Wage (Printing Trade) Order, 1989, which set a single rate of pay for an unskilled worker. However, in other respects the Order simply removed explicit reference to the sex of the worker from various other categories, while at the same time maintaining both the former definitions of those categories and differentials in the respective increased minimum rates which appeared to correspond to those laid down in the 1973 Order. As it did not appear that measures had been taken to evaluate and classify the formerly sex-specific jobs according to non-discriminatory criteria, or to ensure that those jobs were open to both sexes, the Committee had asked the Government to provide detailed information on the measures taken to ensure the application of the principle of the Convention in the printing trade as well as in other industries, such as the garment industry, where the Committee had previously noted that distinctions based on sex had apparently played a role in establishing differential wage rates. The Committee notes from the Government's report that no order has been made since 1989 for either the printing trade or the garment industry. It also notes the Government's statement that the National Minimum Wage Order, 1975, which was amended most recently by the National Minimum Wage (Amendment) Order, 1996, supersedes all other wage orders. The Committee welcomes the information provided by the Government concerning this long-standing question. With a view to clarifying conclusively the present situation, the Committee would be grateful if the Government would provide with its next report, copies of the actual wage scales prevailing for each classification in larger printing establishments and garment industries, together with an indication of the numbers of men and women employed in each classification.

3. In its previous comments, the Committee noted that while the payment of marriage allowances was discontinued during the 1970s, teachers who had been entitled to the allowance prior to its discontinuation were continuing to be paid. As it appeared that only male teachers were entitled to receive the marriage allowance, the Committee had asked the Government to ensure that those female teachers who were also employed prior to the date of discontinuance of the allowance, but who were denied it on account of their sex, are also granted a comparable allowance. The Committee notes the Government's statement that benefits for all teachers are now equitable since the marriage allowance, which was discontinued in 1979, is not offered to male or female teachers. In an effort to settle this matter, the Committee requests the Government to ascertain whether any former male teachers are still in receipt of this allowance.

4. Further to its previous direct request, the Committee requests the Government to provide information on the salary scales applying in the public sector, and data on the actual earnings in the public sector, together with an indication of the percentage of men and women employed at different levels. Please also provide copies of collective agreements current for various industries or enterprises in the private sector, which contain wage scales and provide, if possible, information on the distribution of men and women in the different occupations and levels covered by each collective agreement.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that work on the Jamaican Dictionary of Occupational Titles (JDOT) has not proceeded due to lack of funding. The Committee requests the Government to indicate any progress on this matter in its future reports.

2. The Committee notes that pursuant to the Heads of Agreement concluded between the Ministry of the Public Service and the Jamaica Civil Service Association (1989-91), a Secretarial and Stenographic Writer Classification Series, along with a new plan and new pay scales were implemented, effective as of 1.10.90. The Committee also notes that with regard to the adjustment of disparities in salaries and allowances in equivalent grades, a commitment has been given in the 1991-92 Agreement (concluded on 13.12.91) for this matter to be dealt with through reclassification and to be implemented from April 1992. The Committee requests the Government to provide documentation relevant to these reclassifications and salary adjustments in its next report.

3. The Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) the salary scales applying in the public sector, and data on actual earnings in the public sector, with an indication of the percentage of men and women employed at different levels; and (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the private sector, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that for the fifth consecutive time the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In its 1991 observation, the Committee had noted that the Minimum Wage (Printing Trade) Order, 1973, which had provided for sex-differentiated job categories and pay scales had been revoked by the Minimum Wage (Printing Trade) Order, 1989, which had set a single rate of pay for an unskilled worker. However, in other respects the Order had simply removed explicit reference to the sex of the worker from various other categories, while at the same time maintaining both the former definitions of those categories and differentials in the respective increased minimum rates which appeared to correspond to those laid down in the 1973 Order. In the absence of any indication that measures were taken either to evaluate and compare jobs in categories which were formerly sex-denominated by applying non-discriminatory criteria or to ensure that those jobs were open to both sexes, the Committee had been forced to conclude that the wage distinctions based on sex in the 1973 Order had been maintained in the 1989 Order, despite the introduction of neutral language. The Committee had requested the Government to supply detailed information on the measures taken, either alone or in cooperation with the social partners, to ensure the application of the principle of the Convention in the printing trade as well as in other industries, such as the garment-making trade, where the Committee had previously noted that distinctions based on sex had apparently played a role in establishing differential minimum wage rates. At the Conference Committee in 1991, the representative of the Government stated that the tripartite Minimum Wage Advisory Commission would review the Minimum Wage Orders for the printing and garment industries before the end of 1991 and, in doing so, would take account of the Committee's comments regarding the application of the Convention. He assured the Committee that a comprehensive report, as well as copies of the new Orders, would be furnished as soon as this work had been completed. The Committee notes that no further reference is made in the report of the Government to the review of the above-mentioned Orders. The Committee trusts that the Government will indicate, in the near future, that it has taken the necessary action to ensure conformity with the provisions of the Convention. 2. In its previous direct request, the Committee had pointed out that section 2 of the Employment (Equal Pay for Men and Women) Act, 1975, only refers to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work of "equal value", even of a different nature. The Committee notes that the Government has provided no information on the measures taken or envisaged to re-examine national legislation in the light of the requirements of the Convention. The Committee trusts that full information will be provided in this regard in the next report. 3. In its previous comments, the Committee had noted that minimum wage orders generally exclude any ancillary benefits from their scope, while the Convention, as well as the above-mentioned Act include in their scope any additional emolument whatsoever payable in cash or in kind to the worker in respect of work or services performed. The Committee had therefore requested the Government to indicate how, in practice, equal remuneration is implemented with respect to benefits such as housing, marriage or family allowances, in both the private and public sectors. The Committee notes the statement of the Government in its report that there is equal remuneration in both the private and public sectors with respect to the benefits paid or granted in addition to salary. The Committee, however, notes from the Government's report that while the payment of marriage allowances was discontinued during the 1970s, teachers who were receiving the allowance prior to its discontinuation have continued to receive it. Male teachers who fall into this category receive an allowance of $2,400 per annum. The Committee points out that the continuing payment of marriage allowances to, it would appear, only male teachers who had entitlement to them prior to their discontinuation is contrary to the provisions of the Convention. It therefore requests the Government to ensure that those female teachers who were also employed prior to the date of discontinuance of the allowance but who were denied it on account of their sex are also granted a marriage allowance. More generally, the Committee requests the Government to take the necessary steps to ensure that minimum wage orders and any regulations fixing wages for the public sector cover not only cash minimum wages but also any additional emoluments payable in cash or in kind.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that work on the Jamaican Dictionary of Occupational Titles (JDOT) has not proceeded due to lack of funding. The Committee requests the Government to indicate any progress on this matter in its future reports.

2. The Committee notes that pursuant to the Heads of Agreement concluded between the Ministry of the Public Service and the Jamaica Civil Service Association (1989-91), a Secretarial and Stenographic Writer Classification Series, along with a new plan and new pay scales were implemented, effective as of 1.10.90. The Committee also notes that with regard to the adjustment of disparities in salaries and allowances in equivalent grades, a commitment has been given in the 1991-92 Agreement (concluded on 13.12.91) for this matter to be dealt with through reclassification and to be implemented from April 1992. The Committee requests the Government to provide documentation relevant to these reclassifications and salary adjustments in its next report.

3. The Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) the salary scales applying in the public sector, and data on actual earnings in the public sector, with an indication of the percentage of men and women employed at different levels; and (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the private sector, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that work on the Jamaican Dictionary of Occupational Titles (JDOT) has not proceeded due to lack of funding. The Committee requests the Government to indicate any progress on this matter in its future reports.

2. The Committee notes that pursuant to the Heads of Agreement concluded between the Ministry of the Public Service and the Jamaica Civil Service Association (1989-91), a Secretarial and Stenographic Writer Classification Series, along with a new plan and new pay scales were implemented, effective as of 1.10.90. The Committee also notes that with regard to the adjustment of disparities in salaries and allowances in equivalent grades, a commitment has been given in the 1991-92 Agreement (concluded on 13.12.91) for this matter to be dealt with through reclassification and to be implemented from April 1992. The Committee requests the Government to provide documentation relevant to these reclassifications and salary adjustments in its next report.

3. The Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) the salary scales applying in the public sector, and data on actual earnings in the public sector, with an indication of the percentage of men and women employed at different levels; and (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the private sector, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that, for the third consecutive time, the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In its 1991 observation, the Committee had noted that the Minimum Wage (Printing Trade) Order, 1973, which had provided for sex-differentiated job categories and pay scales had been revoked by the Minimum Wage (Printing Trade) Order, 1989, which had set a single rate of pay for an unskilled worker. However, in other respects the Order had simply removed explicit reference to the sex of the worker from various other categories, while at the same time maintaining both the former definitions of those categories and differentials in the respective increased minimum rates which appeared to correspond to those laid down in the 1973 Order. In the absence of any indication that measures were taken either to evaluate and compare jobs in categories which were formerly sex-denominated by applying non-discriminatory criteria or to ensure that those jobs were open to both sexes, the Committee had been forced to conclude that the wage distinctions based on sex in the 1973 Order had been maintained in the 1989 Order, despite the introduction of neutral language. The Committee had requested the Government to supply detailed information on the measures taken, either alone or in cooperation with the social partners, to ensure the application of the principle of the Convention in the printing trade as well as in other industries, such as the garment-making trade, where the Committee had previously noted that distinctions based on sex had apparently played a role in establishing differential minimum wage rates. At the Conference Committee in 1991, the representative of the Government stated that the tripartite Minimum Wage Advisory Commission would review the Minimum Wage Orders for the printing and garment industries before the end of 1991 and, in doing so, would take account of the Committee's comments regarding the application of the Convention. He assured the Committee that a comprehensive report, as well as copies of the new Orders, would be furnished as soon as this work had been completed. The Committee notes that no further reference is made in the report of the Government to the review of the above-mentioned Orders. The Committee trusts that the Government will indicate, in the near future, that it has taken the necessary action to ensure conformity with the provisions of the Convention. 2. In its previous direct request, the Committee had pointed out that section 2 of the Employment (Equal Pay for Men and Women) Act, 1975, only refers to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work of "equal value", even of a differnt nature. The Committee notes that the Government has provided no information on the measures taken or envisaged to re-examine national legislation in the light of the requirements of the Convention. The Committee trusts that full information will be provided in this regard in the next report. 3. In its previous comments, the Committee had noted that minimum wage orders generally exclude any ancillary benefits from their scope, while the Convention, as well as the above-mentioned Act include in their scope any additional emolument whatsoever payable in cash or in kind to the worker in respect of work or services performed. The Committee had therefore requested the Government to indicate how, in practice, equal remuneration is implemented with respect to benefits such as housing, marriage or family allowances, in both the private and public sectors. The Committee notes the statement of the Government in its report that there is equal remuneration in both the private and public sectors with respect to the benefits paid or granted in addition to salary. The Committee, however, notes from the Government's report that while the payment of marriage allowances was discontinued during the 1970s, teachers who were receiving the allowance prior to its discontinuation have continued to receive it. Male teachers who fall into this category receive an allowance of $2,400 per annum. The Committee points out that the continuing payment of marriage allowances to, it would appear, only male teachers who had entitlement to them prior to their discontinuation is contrary to the provisions of the Convention. It therefore requests the Government to ensure that those female teachers who were also employed prior to the date of discontinuance of the allowance but who were denied it on account of their sex are also granted a marriage allowance. More generally, the Committee requests the Government to take the necessary steps to ensure that minimum wage orders and any regulations fixing wages for the public sector cover not only cash minimum wages but also any additional emoluments payable in cash or in kind.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that, for the fourth consecutive time, the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In its 1991 observation, the Committee had noted that the Minimum Wage (Printing Trade) Order, 1973, which had provided for sex-differentiated job categories and pay scales had been revoked by the Minimum Wage (Printing Trade) Order, 1989, which had set a single rate of pay for an unskilled worker. However, in other respects the Order had simply removed explicit reference to the sex of the worker from various other categories, while at the same time maintaining both the former definitions of those categories and differentials in the respective increased minimum rates which appeared to correspond to those laid down in the 1973 Order. In the absence of any indication that measures were taken either to evaluate and compare jobs in categories which were formerly sex-denominated by applying non-discriminatory criteria or to ensure that those jobs were open to both sexes, the Committee had been forced to conclude that the wage distinctions based on sex in the 1973 Order had been maintained in the 1989 Order, despite the introduction of neutral language. The Committee had requested the Government to supply detailed information on the measures taken, either alone or in cooperation with the social partners, to ensure the application of the principle of the Convention in the printing trade as well as in other industries, such as the garment-making trade, where the Committee had previously noted that distinctions based on sex had apparently played a role in establishing differential minimum wage rates. At the Conference Committee in 1991, the representative of the Government stated that the tripartite Minimum Wage Advisory Commission would review the Minimum Wage Orders for the printing and garment industries before the end of 1991 and, in doing so, would take account of the Committee's comments regarding the application of the Convention. He assured the Committee that a comprehensive report, as well as copies of the new Orders, would be furnished as soon as this work had been completed. The Committee notes that no further reference is made in the report of the Government to the review of the above-mentioned Orders. The Committee trusts that the Government will indicate, in the near future, that it has taken the necessary action to ensure conformity with the provisions of the Convention. 2. In its previous direct request, the Committee had pointed out that section 2 of the Employment (Equal Pay for Men and Women) Act, 1975, only refers to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work of "equal value", even of a different nature. The Committee notes that the Government has provided no information on the measures taken or envisaged to re-examine national legislation in the light of the requirements of the Convention. The Committee trusts that full information will be provided in this regard in the next report. 3. In its previous comments, the Committee had noted that minimum wage orders generally exclude any ancillary benefits from their scope, while the Convention, as well as the above-mentioned Act include in their scope any additional emolument whatsoever payable in cash or in kind to the worker in respect of work or services performed. The Committee had therefore requested the Government to indicate how, in practice, equal remuneration is implemented with respect to benefits such as housing, marriage or family allowances, in both the private and public sectors. The Committee notes the statement of the Government in its report that there is equal remuneration in both the private and public sectors with respect to the benefits paid or granted in addition to salary. The Committee, however, notes from the Government's report that while the payment of marriage allowances was discontinued during the 1970s, teachers who were receiving the allowance prior to its discontinuation have continued to receive it. Male teachers who fall into this category receive an allowance of $2,400 per annum. The Committee points out that the continuing payment of marriage allowances to, it would appear, only male teachers who had entitlement to them prior to their discontinuation is contrary to the provisions of the Convention. It therefore requests the Government to ensure that those female teachers who were also employed prior to the date of discontinuance of the allowance but who were denied it on account of their sex are also granted a marriage allowance. More generally, the Committee requests the Government to take the necessary steps to ensure that minimum wage orders and any regulations fixing wages for the public sector cover not only cash minimum wages but also any additional emoluments payable in cash or in kind.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that work on the Jamaican Dictionary of Occupational Titles (JDOT) has not proceeded due to lack of funding. The Committee requests the Government to indicate any progress on this matter in its future reports.

2. The Committee notes that pursuant to the Heads of Agreement concluded between the Ministry of the Public Service and the Jamaica Civil Service Association (1989-91), a Secretarial and Stenographic Writer Classification Series, along with a new plan and new pay scales were implemented, effective as of 1.10.90. The Committee also notes that with regard to the adjustment of disparities in salaries and allowances in equivalent grades, a commitment has been given in the 1991-92 Agreement (concluded on 13.12.91) for this matter to be dealt with through reclassification and to be implemented from April 1992. The Committee requests the Government to provide documentation relevant to these reclassifications and salary adjustments in its next report.

3. The Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) the salary scales applying in the public sector, and data on actual earnings in the public sector, with an indication of the percentage of men and women employed at different levels; and (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the private sector, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret, for the second consecutive time, that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In its 1991 observation, the Committee had noted that the Minimum Wage (Printing Trade) Order, 1973, which had provided for sex-differentiated job categories and pay scales had been revoked by the Minimum Wage (Printing Trade) Order, 1989, which had set a single rate of pay for an unskilled worker. However, in other respects the Order had simply removed explicit reference to the sex of the worker from various other categories, while at the same time maintaining both the former definitions of those categories and differentials in the respective increased minimum rates which appeared to correspond to those laid down in the 1973 Order. In the absence of any indication that measures were taken either to evaluate and compare jobs in categories which were formerly sex-denominated by applying non-discriminatory criteria or to ensure that those jobs were open to both sexes, the Committee had been forced to conclude that the wage distinctions based on sex in the 1973 Order had been maintained in the 1989 Order, despite the introduction of neutral language. The Committee had requested the Government to supply detailed information on the measures taken, either alone or in cooperation with the social partners, to ensure the application of the principle of the Convention in the printing trade as well as in other industries, such as the garment-making trade, where the Committee had previously noted that distinctions based on sex had apparently played a role in establishing differential minimum wage rates. At the Conference Committee in 1991, the representative of the Government stated that the tripartite Minimum Wage Advisory Commission would review the Minimum Wage Orders for the printing and garment industries before the end of 1991 and, in doing so, would take account of the Committee's comments regarding the application of the Convention. He assured the Committee that a comprehensive report, as well as copies of the new Orders, would be furnished as soon as this work had been completed. The Committee notes that no further reference is made in the report of the Government to the review of the above-mentioned Orders. The Committee trusts that the Government will indicate, in the near future, that it has taken the necessary action to ensure conformity with the provisions of the Convention. 2. In its previous direct request, the Committee had pointed out that section 2 of the Employment (Equal Pay for Men and Women) Act, 1975, only refers to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work of "equal value", even of a differnt nature. The Committee notes that the Government has provided no information on the measures taken or envisaged to re-examine national legislation in the light of the requirements of the Convention. The Committee trusts that full information will be provided in this regard in the next report. 3. In its previous comments, the Committee had noted that minimum wage orders generally exclude any ancillary benefits from their scope, while the Convention, as well as the above-mentioned Act include in their scope any additional emolument whatsoever payable in cash or in kind to the worker in respect of work or services performed. The Committee had therefore requested the Government to indicate how, in practice, equal remuneration is implemented with respect to benefits such as housing, marriage or family allowances, in both the private and public sectors. The Committee notes the statement of the Government in its report that there is equal remuneration in both the private and public sectors with respect to the benefits paid or granted in addition to salary. The Committee, however, notes from the Government's report that while the payment of marriage allowances was discontinued during the 1970s, teachers who were receiving the allowance prior to its discontinuation have continued to receive it. Male teachers who fall into this category receive an allowance of $2,400 per annum. The Committee points out that the continuing payment of marriage allowances to, it would appear, only male teachers who had entitlement to them prior to their discontinuation is contrary to the provisions of the Convention. It therefore requests the Government to ensure that those female teachers who were also employed prior to the date of discontinuance of the allowance but who were denied it on account of their sex are also granted a marriage allowance. More generally, the Committee requests the Government to take the necessary steps to ensure that minimum wage orders and any regulations fixing wages for the public sector cover not only cash minimum wages but also any additional emoluments payable in cash or in kind.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that work on the Jamaican Dictionary of Occupational Titles (JDOT) has not proceeded due to lack of funding. The Committee requests the Government to indicate any progress on this matter in its future reports.

2. The Committee notes that pursuant to the Heads of Agreement concluded between the Ministry of the Public Service and the Jamaica Civil Service Association (1989-91), a Secretarial and Stenographic Writer Classification Series, along with a new plan and new pay scales were implemented, effective as of 1.10.90. The Committee also notes that with regard to the adjustment of disparities in salaries and allowances in equivalent grades, a commitment has been given in the 1991-92 Agreement (concluded on 13.12.91) for this matter to be dealt with through reclassification and to be implemented from April 1992. The Committee requests the Government to provide documentation relevant to these reclassifications and salary adjustments in its next report.

3. The Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) the salary scales applying in the public sector, and data on actual earnings in the public sector, with an indication of the percentage of men and women employed at different levels; and (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the private sector, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In its 1991 observation, the Committee had noted that the Minimum Wage (Printing Trade) Order, 1973, which had provided for sex-differentiated job categories and pay scales had been revoked by the Minimum Wage (Printing Trade) Order, 1989, which had set a single rate of pay for an unskilled worker. However, in other respects the Order had simply removed explicit reference to the sex of the worker from various other categories, while at the same time maintaining both the former definitions of those categories and differentials in the respective increased minimum rates which appeared to correspond to those laid down in the 1973 Order. In the absence of any indication that measures were taken either to evaluate and compare jobs in categories which were formerly sex-denominated by applying non-discriminatory criteria or to ensure that those jobs were open to both sexes, the Committee had been forced to conclude that the wage distinctions based on sex in the 1973 Order had been maintained in the 1989 Order, despite the introduction of neutral language. The Committee had requested the Government to supply detailed information on the measures taken, either alone or in cooperation with the social partners, to ensure the application of the principle of the Convention in the printing trade as well as in other industries, such as the garment-making trade, where the Committee had previously noted that distinctions based on sex had apparently played a role in establishing differential minimum wage rates. At the Conference Committee in 1991, the representative of the Government stated that the tripartite Minimum Wage Advisory Commission would review the Minimum Wage Orders for the printing and garment industries before the end of 1991 and, in doing so, would take account of the Committee's comments regarding the application of the Convention. He assured the Committee that a comprehensive report, as well as copies of the new Orders, would be furnished as soon as this work had been completed. The Committee notes that no further reference is made in the report of the Government to the review of the above-mentioned Orders. The Committee trusts that the Government will indicate, in the near future, that it has taken the necessary action to ensure conformity with the provisions of the Convention. 2. In its previous direct request, the Committee had pointed out that section 2 of the Employment (Equal Pay for Men and Women) Act, 1975, only refers to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work of "equal value", even of a different nature. The Committee notes that the Government has provided no information on the measures taken or envisaged to re-examine national legislation in the light of the requirements of the Convention. The Committee trusts that full information will be provided in this regard in the next report. 3. In its previous comments, the Committee had noted that minimum wage orders generally exclude any ancillary benefits from their scope, while the Convention, as well as the above-mentioned Act include in their scope any additional emoluments whatsoever payable in cash or in kind to the worker in respect of work or services performed. The Committee had therefore requested the Government to indicate how, in practice, equal remuneration is implemented with respect to benefits such as housing, marriage or family allowances, in both the private and public sectors. The Committee notes the statement of the Government in its report that there is equal remuneration in both the private and public sectors with respect to the benefits paid or granted in addition to salary. The Committee, however, notes from the Government's report that while the payment of marriage allowances was discontinued during the 1970s, teachers who were receiving the allowance prior to its discontinuation have continued to receive it. Male teachers who fall into this category receive an allowance of $2,400 per annum. The Committee points out that the continuing payment of marriage allowances to, it would appear, only male teachers who had entitlement to them prior to their discontinuation is contrary to the provisions of the Convention. It therefore requests the Government to ensure that those female teachers who were also employed prior to the date of discontinuance of the allowance but who were denied it on account of their sex are also granted a marriage allowance. More generally, the Committee requests the Government to take the necessary steps to ensure that minimum wage orders and any regulations fixing wages for the public sector cover not only cash minimum wages but also any additional emoluments payable in cash or in kind.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information contained in the report of the Government in reply to its previous direct request.

1. The Committee notes that work on the Jamaican Dictionary of Occupational Titles (JDOT) has not proceeded due to lack of funding. The Committee requests the Government to indicate any progress on this matter in its future reports.

2. The Committee notes that pursuant to the Heads of Agreement concluded between the Ministry of the Public Service and the Jamaica Civil Service Association (1989-91), a Secretarial and Stenographic Writer Classification Series, along with a new plan and new pay scales were implemented, effective as of 1.10.90. The Committee also notes that with regard to the adjustment of disparities in salaries and allowances in equivalent grades, a commitment has been given in the 1991-92 Agreement (concluded on 13.12.91) for this matter to be dealt with through reclassification and to be implemented from April 1992. The Committee requests the Government to provide documentation relevant to these reclassifications and salary adjustments in its next report.

3. The Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) the salary scales applying in the public sector, and data on actual earnings in the public sector, with an indication of the percentage of men and women employed at different levels; and (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the private sector, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes the Government's report and the discussion in the Conference Committee in June 1991.

1. In its 1991 observation, the Committee had noted that the Minimum Wage (Printing Trade) Order, 1973, which had provided for sex-differentiated job categories and pay scales had been revoked by the Minimum Wage (Printing Trade) Order, 1989, which had set a single rate of pay for an unskilled worker. However, in other respects the Order had simply removed explicit reference to the sex of the worker from various other categories, while at the same time maintaining both the former definitions of those categories and differentials in the respective increased minimum rates which appeared to correspond to those laid down in the 1973 Order. In the absence of any indication that measures were taken either to evaluate and compare jobs in categories which were formerly sex-denominated by applying non-discriminatory criteria or to ensure that those jobs were open to both sexes, the Committee had been forced to conclude that the wage distinctions based on sex in the 1973 Order had been maintained in the 1989 Order, despite the introduction of neutral language. The Committee had requested the Government to supply detailed information on the measures taken, either alone or in cooperation with the social partners, to ensure the application of the principle of the Convention in the printing trade as well as in other industries, such as the garment-making trade, where the Committee had previously noted that distinctions based on sex had apparently played a role in establishing differential minimum wage rates.

At the Conference Committee in 1991, the representative of the Government stated that the tripartite Minimum Wage Advisory Commission would review the Minimum Wage Orders for the printing and garment industries before the end of 1991 and, in doing so, would take account of the Committee's comments regarding the application of the Convention. He assured the Committee that a comprehensive report, as well as copies of the new Orders, would be furnished as soon as this work had been completed.

The Committee notes that no further reference is made in the report of the Government to the review of the above-mentioned Orders. The Committee trusts that the Government will indicate, in the near future, that it has taken the necessary action to ensure conformity with the provisions of the Convention.

2. In its previous direct request, the Committee had pointed out that section 2 of the Employment (Equal Pay for Men and Women) Act, 1975, only refers to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work of "equal value", even of a different nature. The Committee notes that the Government has provided no information on the measures taken or envisaged to re-examine national legislation in the light of the requirements of the Convention. The Committee trusts that full information will be provided in this regard in the next report.

3. In its previous comments, the Committee had noted that minimum wage orders generally exclude any ancillary benefits from their scope, while the Convention, as well as the above-mentioned Act include in their scope any additional emoluments whatsoever payable in cash or in kind to the worker in respect of work or services performed. The Committee had therefore requested the Government to indicate how, in practice, equal remuneration is implemented with respect to benefits such as housing, marriage or family allowances, in both the private and public sectors. The Committee notes the statement of the Government in its report that there is equal remuneration in both the private and public sectors with respect to the benefits paid or granted in addition to salary.

The Committee, however, notes from the Government's report that while the payment of marriage allowances was discontinued during the 1970s, teachers who were receiving the allowance prior to its discontinuation have continued to receive it. Male teachers who fall into this category receive an allowance of $2,400 per annum.

The Committee points out that the continuing payment of marriage allowances to, it would appear, only male teachers who had entitlement to them prior to their discontinuation is contrary to the provisions of the Convention. It therefore requests the Government to ensure that those female teachers who were also employed prior to the date of discontinuance of the allowance but who were denied it on account of their sex are also granted a marriage allowance.

More generally, the Committee requests the Government to take the necessary steps to ensure that minimum wage orders and any regulations fixing wages for the public sector cover not only cash minimum wages but also any additional emoluments payable in cash or in kind.

The Committee requests the Government to provide full information in this respect in its next report.

REQUESTS The Government is asked to report in detail for the period ending 30 June 1992. #REPORT_DATE:30:06:1992

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information contained in the Government's report.

1. The Committee notes from the Government's report that the tripartite Labour Advisory Committee will be of much assistance in giving effect to the principle of the Convention. The Committee hopes that the Government will soon be able to report the progress made by this Committee, or by any other responsible authority, in re-examining national law and practice to give full effect to the provisions of the Convention. In this connection, the Committee recalls its previous comments with regard to the provisions of section 2 of the Employment (Equal Pay for Men and Women) Act 1975 which refers to "similar" or "substantially similar" job requirements while the Convention provides for equal remuneration for work of equal value, even if of a different nature.

2. Referring to its previous comments, the Committee hopes that the Government will soon be able to report completion of the Jamaican Dictionary of Occupational Titles.

3. The Committee notes that information is being sought from the Jamaica Employers' Federation and the Ministry of the Public Service regarding the implementation of the principle of equal remuneration with respect to benefits paid or granted in addition to salary. The Committee requests the Government to provide full particulars on this matter in its next report.

4. The Committee also notes that information is being sought from the Ministry of Education concerning the payment of marriage allowances to teaching staff (pursuant to Part II, section 5 of the Education Regulation 1980). It requests the Government to provide full information on the actual allocation of marriage allowances to male and female teaching personnel in public educational institutions.

5. The Committee further notes that the Heads of Agreement concluded between the Ministry of the Public Service and the Jamaica Civil Service Association (April 1989 to March 1991) includes a reference to reclassifying the posts of stenowriter and stenographer (paragraph 2(b)) and to adjusting disparities in salaries and allowances to officers in equivalent grades (paragraph 2(c)). It requests the Government to indicate in its next report the extent to which these measures may have assisted implementation of the Convention.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee notes that the Minimum Wage (Printing Trade) Order, 1973 which provided for sex-differentiated job categories and pay scales - on which the Committee had commented since 1980 - has been revoked by the Minimum Wage (Printing Trade) Order, 1989. The Committee notes with interest that the 1989 Order has replaced the distinct minimum rates for "male" and "female" unskilled workers with a single rate of pay for an unskilled worker.

2. The Committee notes, however, that while the 1989 Order has removed direct reference to the sex of the worker from various other categories, it has maintained both the former definitions of those categories and differentials in the respective increased minimum rates which appear to correspond to those laid down in the 1973 Order. The Committee recalls its previous comments where it expressed the hope that any review of the minimum wage orders would not result in continuing sex-related discrimination under a different denomination; and in this connection, emphasised the importance both of determining the numbers of women and men in various job categories and of examining their duties. The Committee also recalls that, in response to a statement by the Government that the different minimum rates between men and women, as laid down in the 1973 Order, were based on the nature of the work - heavy work being required of men and light work of women - it drew the Government's attention to the value of measures to promote the objective appraisal of jobs. This would assist observance of the Convention, which provided for equal remuneration not only for men and women employed in the same category but, more generally, for men and women performing work of equal value, though of a different nature. Moreover, the Committee observed that, even in the absence of any direct and explicit reference to sex, a consideration of "light work" paid at a lower rate as typically feminine led to a systematic underestimation of female labour and to the maintenance or re-establishment of indirect discrimination.

3. In the absence of any indication that measures were taken either to evaluate and compare jobs in categories which were formerly sex-denominated by applying non-discriminatory criteria, or to ensure that those jobs are open to both sexes, the Committee must conclude that the wage distinctions based on sex in the 1973 Order have been maintained in the 1989 Order, despite the introduction of neutral language. The Committee accordingly requests the Government to supply in its next report full and detailed information on the measures it has taken, either alone or in co-operation with the social partners, to ensure the application of the principle of equal remuneration for work of equal value to men and women workers in the printing trade as well as in other industries, such as the garment-making trade, where the Committee has previously noted that distinctions based on sex have apparently played a role in establishing differential minimum wage rates.