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

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Jamaica (Ratification: 1966)

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 following matters raised in its previous direct request:

1. Article 11, paragraph 1, of the Convention. In its previous direct request, the Committee noted that the Holidays With Pay Order, 1973, section 11 (1)(c) requires the employer to keep a record of the normal wages, but this appears to mean the wage rates (so as to calculate the holiday pay) and not the wages actually paid. The Employment (Termination and Redundancy Payments) Act, section 16.1, requires a record to be kept in such form and containing such particulars as may be prescribed, but there is no information on what has been prescribed under this provision. The Minimum Wage Act (as amended) section 11(b), requires records to be kept to show compliance with the Act (i.e. to pay wages at not less than the minimum rate).

The Committee recalls that the requirement of Article 11, paragraph 1, of the Convention is to take necessary measures to ensure the proper payment not only of the minimum wage but of all wages earned. The Committee requests the Government to supply information on the prescribed form and contents of the record to be kept under section 16.1 of the Employment (Termination and Redundancy Payments) Act and on any other measures taken to ensure the proper payment of all wages earned, especially regarding issuance of statements of wage payment to all workers in the private sector.

2. The Committee notes that the above-mentioned legislation does not contain provisions covering the following points, and requests the Government to indicate measures taken or contemplated:

(a) to ensure the direct payment of wages to the individual worker (Article 11, paragraph 3);

(b) to forbid the payment of wages in taverns or stores except to workers employed therein (paragraph 5);

(c) to ensure the regular payment of wages (paragraph 6); and

(d) to prevent any unauthorised deductions from wages (paragraph 8(b)).

3. Article 12. Noting the Government's earlier indication that no legislation exists in this regard, the Committee requests the Government to take the necessary measures to regulate the advances on wages in accordance with this Article of the Convention.

4. Article 15. The Committee noted the information regarding training offered to young persons. It earlier noted (for example in its direct request of 1976) that the minimum age for admission to employment was 12 years (Juveniles Law), and that school attendance was compulsory between 8 and 14 years of age (1923 regulations on compulsory school attendance). The Committee recalls that in the report for the period ending June 1986, the Government referred to the Primary Education Programme implemented by the Ministry of Education which was designed, among other things, to make education compulsory for the primary school age group (6-11 years). Please provide information on laws or regulations actually in force prescribing the school-leaving age and the minimum age for employment (Article 15, paragraph 2), and on measures taken to prohibit the employment of persons below the school-leaving age during the school hours (paragraph 3).