Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Jamaïque (Ratification: 1975)

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.