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

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

Parts I and II of the Convention. Improvement of standards of living. In its 2013 and 2018 comments, the Committee requested the Government to provide updated information on how effect is given to Article 2 of the Convention, so that the improvement of living standards is considered as “the principal objective in the planning of economic development”. The Committee also requested information on the measures taken to promote cooperatives and improve the living standards for workers in the informal economy (Articles 4(e) and 5 of the Convention). In its report, the Government affirms its continued commitment to programmes that support a stable macroeconomic environment which facilitates the economic growth required for sustainable and inclusive development. The Government indicates that this commitment is expressed through: the development of projects and programmes providing training and apprenticeship opportunities for young persons; the creation of an investment-friendly environment in areas consistent with its growth policy; and the institution of mechanisms aimed at disrupting criminal networks and protecting Jamaica’s borders. The Committee notes the measures taken by the Government to improve the standards of living of workers in both the formal and informal economies. In this respect, the Government refers to Vision 2030 Jamaica – National Development Plan (2009) as the guiding social and economic policy framework for the country, which places people at the core of development. The Vision 2030 plan refers to: development of a Social Protection Strategy in 2014 aimed at enhancing social security for the population; the definition of the key elements of a social protection floor to ensure the provision of basic income security and basic social services for all citizens, particularly for people in vulnerable situations; and the development and approval in 2017 of a revised National Policy on Poverty and accompanying National Poverty Reduction Programme. The Government highlights that key tenets of its poverty reduction and social protection strategies include building resilient livelihoods and the extension of social security provisions to persons in the informal economy as well as to workers in non-formal employment relationships. Additional measures include the establishment of a National Social Protection Committee in 2014 and the National Poverty Reduction Programme Committee in 2018, to facilitate multi-sectoral collaboration and partnerships through provision of policy advice and coordination, the approval in 2017 of an International Migration and Development Policy, which addresses a range of labour and social security issues relevant to migrant workers; and the approval of a revised National Policy for Senior Citizens as a Green Paper in 2018, which offers strategies for participation, social inclusion, active ageing and improved standards of living to older people and their families. Noting that the Government does not provide information on measures taken to promote cooperatives, the Committee reiterates its request that the Government provide detailed information on measures taken to encourage and assist producers’ and consumers’ cooperatives (Article 4(e)). The Committee further requests the Government to provide detailed updated information, including disaggregated statistical data and copies or extracts of studies or legislative texts, on the impact of the measures taken by the Government to give effect to Article 2 of the Convention, in particular of the Vision 2030 Jamaica –National Development Plan. With respect to Article 3 of the Convention, the Committee requests the Government to indicate the measures taken to study the causes and effects of migratory movements which may cause disruption of family life and other traditional social units and to control those movements.

Part IV. Article 11. Remuneration of workers. Protection of wages. The Committee once again recalls that, for some years, it has been requesting the Government to provide information on measures taken or envisaged to give effect to Article 11 of the Convention, in particular Article 11(8). The Government reiterates that it has not adopted legislation directly aiming to ensure the proper payment of all wages earned, as required by Article 11(1) of the Convention, but that section 11 of the Minimum Wage Act requires employers to maintain records demonstrating their compliance with minimum wage provisions. The Government refers to section 16(1) of the Employment (Termination and Redundancy Payments) Act, which requires employers to keep records in relation to each of their employees. The Committee notes that this Act relates to redundancy payments and not to wages, and does not give effect to the provisions of Article 11. With respect to compliance, the Government indicates that the Pay and Conditions of Employment Bureau (PCEB) of the Ministry of Labour and Social Security is mandated to carry out routine and random inspections in business establishments, and joint (inter-agency) inspections are also carried out. The Committee notes that public employers are required to maintain payroll registers for purposes of calculating monthly remuneration of employees (section 5.13.1.5 as regulated by the Financial Administration and Audit Act, Financial Instructions, Version 1, of 1 January 2017, governing payroll disbursements and allowances). The Committee notes that the Government has not provided information on the manner in which it is ensured that employers issue statements of wage payments to workers which reflect not only the minimum wage, but all wages earned by their employees. Nor has the Government provided information on the measures taken to give effect to Article 11(8), by requiring workers to be informed of their wage rights and to prevent any unauthorized deductions from wages. The Committee therefore once again requests the Government to provide specific information in its next report on the measures taken to facilitate the supervision necessary to ensure the proper payment of all wages earned, and the keeping by employers of registers to ensure the issue to workers of statements of their wage payments (Article 11), as well as to provide information on the outcomes of inspections. The Committee also reiterates its request that the Government provide specific information on the policies, practices or any other measures adopted indicating, where appropriate, the relevant provisions of legislation and administrative regulations which ensure the proper payment of all wages earned, as provided under each of the subparagraphs of Article 11 of the Convention for both public and private sector employment.

Article 12. Advances on wages. For a number of years, the Committee has been requesting the Government to supply information on measures taken or contemplated to regulate advances on wages, as required under Article 12 of the Convention. The Government once again indicates that there is no legislation regulating advances on wages, except in the public service, where the Financial Administration and Audit Act, Financial Instructions, Version 1, of 1 January 2017 regulates advances on wages. The Committee requests the Government to indicate in its next report the measures taken or contemplated to regulate the advances on wages for workers in the private sector, in accordance with Article 12 of the Convention. Please also indicate the measures taken by the competent authority to make legally irrecoverable any advance in excess of the amount laid down by the competent authority and to prevent such an advance from being recovered by withholding amounts of pay due to workers at a later date.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Parts I and II of the Convention. Improvements of standards of living. The Committee notes the Government’s report received in October 2013, which indicates that the principal objective in the planning of economic development continues to be the realization of the improvement of standards of living. Moreover, the Government mentions that, while small groups of people are actually experiencing an improvement, the majority is experiencing a reversal or downturn in their standards of living. The Government attributes this situation to the stringent measures imposed by the International Monetary Fund and the global economic downturn. As regards the means employed to aid independent producers to reach a higher standard of living, the Government refers to the provision of grants, training and markets for products. Furthermore, there are programmes to assist in the mitigation of the difficulties experienced by independent producers when unable to maintain a minimum standard of living. The Committee invites the Government to provide, in its next report, up-to-date information indicating how the “improvement of standard of living” is regarded as “the principal objective in the planning of economic development” in accordance with Article 2 of the Convention. Please also supply detailed information on the measures taken to promote cooperatives and to improve the standards of living for workers in the informal economy (Articles 4(e) and 5).

Part IV. Remuneration of workers. Protection of wages. The Government indicates that there is no legislation directly aiming to ensure the proper payment of all wages earned. Furthermore, with regard to the measures contemplated in order to give effect to Article 11(8) of the Convention, the Government reiterates the information provided in its previous report. The Committee recalls that, for some years now, the Government has been requested to report on the measures taken or envisaged in order to give effect to various subparagraphs of Article 11. The Committee asks the Government to provide information in its next report on the measures taken to facilitate the supervision necessary to ensure the proper payment of all wages earned, and the keeping by employers of registers to ensure the issue to workers of statements of their wage payments. The Committee requests the Government to provide in its next report specific information on the policies, practices or any other measures adopted indicating, where appropriate, the relevant provisions of legislation and administrative regulations which ensure the proper payment of all wages earned, as provided under each of the subparagraphs of Article 11 of the Convention.

Advances on wages. In response to the Committee’s previous comments, the Government indicates that, at this time, it has not taken nor is contemplating taking any measures in order to regulate the advances on wages in the private sector. The Committee recalls that, under Article 12 of the Convention, not only does the manner of repayment of advances on wages have to be regulated, but the maximum amounts of advances have to be determined and any advance in excess of the amount laid down has to be made legally irrecoverable. The aforementioned obligation covers both the public and private sectors. The Committee again requests the Government to indicate, in its next report, the measures taken or contemplated to regulate the advances on wages in accordance with Article 12 of the Convention.

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

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

Parts I and II of the Convention. Improvements of standards of living. The Committee notes the Government’s report received in October 2013, which indicates that the principal objective in the planning of economic development continues to be the realization of the improvement of standards of living. Moreover, the Government mentions that, while small groups of people are actually experiencing an improvement, the majority is experiencing a reversal or downturn in their standards of living. The Government attributes this situation to the stringent measures imposed by the International Monetary Fund and the global economic downturn. As regards the means employed to aid independent producers to reach a higher standard of living, the Government refers to the provision of grants, training and markets for products. Furthermore, there are programmes to assist in the mitigation of the difficulties experienced by independent producers when unable to maintain a minimum standard of living. The Committee invites the Government to provide, in its next report, up-to-date information indicating how the “improvement of standard of living” is regarded as “the principal objective in the planning of economic development” in accordance with Article 2 of the Convention. Please also supply detailed information on the measures taken to promote cooperatives and to improve the standards of living for workers in the informal economy (Articles 4(e) and 5).

Part IV. Remuneration of workers. Protection of wages. The Government indicates that there is no legislation directly aiming to ensure the proper payment of all wages earned. Furthermore, with regard to the measures contemplated in order to give effect to Article 11(8) of the Convention, the Government reiterates the information provided in its previous report. The Committee recalls that, for some years now, the Government has been requested to report on the measures taken or envisaged in order to give effect to various subparagraphs of Article 11. The Committee asks the Government to provide information in its next report on the measures taken to facilitate the supervision necessary to ensure the proper payment of all wages earned, and the keeping by employers of registers to ensure the issue to workers of statements of their wage payments. The Committee requests the Government to provide in its next report specific information on the policies, practices or any other measures adopted indicating, where appropriate, the relevant provisions of legislation and administrative regulations which ensure the proper payment of all wages earned, as provided under each of the subparagraphs of Article 11 of the Convention.

Advances on wages. In response to the Committee’s previous comments, the Government indicates that, at this time, it has not taken nor is contemplating taking any measures in order to regulate the advances on wages in the private sector. The Committee recalls that, under Article 12 of the Convention, not only does the manner of repayment of advances on wages have to be regulated, but the maximum amounts of advances have to be determined and any advance in excess of the amount laid down has to be made legally irrecoverable. The aforementioned obligation covers both the public and private sectors. The Committee again requests the Government to indicate, in its next report, the measures taken or contemplated to regulate the advances on wages in accordance with Article 12 of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

1. Parts I and II of the Convention. Improvements of standards of living. The Committee notes the Government’s report received in September 2008. The Committee refers to its 2005 observation and reiterates its request that the Government provide, in its next report, updated data illustrating that the improvement of standards of living have been regarded as the principal objective in the planning of economic development. Please also supply information on the promotion of cooperatives and the improvement of standards of living for workers in the informal economy (Articles 4(e) and 5 of the Convention).

2. Article 11, paragraph 1. The Government indicates in its report that employers are required, under section 11(b) of the Minimum Wage Act, to keep, and to have ready for presentation to the inspecting officers, relevant wage records reflecting not only the minimum wage but all wages earned by their employees.  It indicates that the matter of issuing wage statements cannot be enforced by the Pay and Condition of Employment Bureau of the Ministry of Labour since this is not required by legislation. The Government has, however, stated that pay slips are being issued by some employers on a discretionary basis. The Committee asks the Government to provide information in its next report on measures taken to facilitate the supervision necessary to ensure the proper payment of all wages earned, and the keeping by employers of registers to ensure the issue to workers of statements of their wage payments.

3. Article 11, paragraph 3. In response to the Committee’s 2005 observation, the Government indicates that measures are taken by which workers are requested to present suitable identification, and must be requested to sign wage records on receipt of payment, in order to ensure that wages are paid directly to the individual workers.

4. Article 11, paragraph 5. In order to ensure that the payment of wages is not carried out in taverns or stores except in the case of workers employed therein, the Government indicates that steps have been taken to make private arrangements between workers and employers to have their salaries paid from designated financial institutions such as banks and credit unions, or at their places of employment.

5. Article 11, paragraph 6. The Government indicates that employers are required to indicate, from the very outset of the employment, dates, intervals and the place for the payment of wages. In cases of late payment of wages, workers are advised to write or otherwise contact the employer to request the outstanding amounts. Where the workers’ wages are still outstanding, legal proceedings are usually contemplated. The Committee notes that the Government is contemplating legislating on the procedure to be followed to address cases of the non-payment of wages.

6. Article 11, paragraph 8(b). The Government indicates that reported cases of unauthorized deductions from wages are investigated by the Pay and Condition of Employment Bureau (PCEB) of the Ministry of Labour and Social Security. In such cases the employers are advised of complaints and findings of the inquiry, and inspection officers take steps to ensure compliance. Employees may also proceed with court action in respect of such unauthorized deductions. The Committee notes that the Government contemplates that it will take measures by which the employers are required to present employees with a list of possible deductions to be made from wages on the commencement of employment. The Government also contemplates requiring, by appropriate legislation, that pay advice slips be issued to all employees. The Committee requests the Government to provide in its next report specific information on the policies, practices or any other measures adopted indicating, where appropriate, the relevant provisions of legislation and administrative regulations which ensure the proper payment of all wages earned, as provided under each of the aforementioned subparagraphs of Article 11 of the Convention.

7. Article 12. The Committee refers to its 2005 observation in which it noted the Government’s indication concerning the regulation of the advances on wages in the government service under the Financial Administration and Audit Act and that the payment of wages in the private sector is not at present regulated by law. The Committee again requests the Government to indicate, in its next report, measures taken or contemplated to regulate the advances on wages in the private sector in accordance with this Article of the Convention.

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

1. The Committee notes that the Government’s report received in August 2003 essentially reproduces the information provided in the Government’s report received in March 1998.

2. Parts I and II of the Convention. Improvement of standards of living. The Committee asks the Government to provide, in its next report on the application of the Convention, updated data illustrating that the improvement of standards of living have been regarded as the principal objective in the planning of economic development. Please also supply information on the promotion of cooperatives and the improvement of standards of living for workers in the informal economy (Articles 4(e) and 5 of the Convention). The Government might consider it useful to refer to the Promotion of Cooperatives Recommendation, 2002 (No. 193) and the resolution concerning decent work and the informal economy adopted by the International Labour Conference at its 90th Session (June 2002).

3. Part IV. Remuneration of workers. The Committee recalls the Government’s statement indicating that the Labour Advisory Committee was reviewing all labour laws. The Government stated that the Convention is applied in practice despite the absence of legislative provisions. It hopes that full consideration will be given to the questions raised in this observation in the framework of the labour law revision, so as to bring the national legislation in line with the provisions of the Convention.

4. Article 11, paragraph 1. In its earlier direct requests, the Committee had noted that section 11(1)(c) of the Holidays with Pay Order, 1973, requires the employer to keep a record of normal wages, but this appears to mean wage rates (so as to calculate holiday pay) and not the wages actually paid. Section 16(1) of the  Employment Act (Termination and Redundancy Payments), 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. Section 11(b) of the Minimum Wage Act (as amended), requires records to be kept to show compliance with the Act (i.e. to pay wages at not less than the minimum rate). In this regard, the Committee recalls that Article 11, paragraph 1, of the Convention requires that the necessary measures be taken to ensure the proper payment not only of the minimum wage but of all wages earned.

5. The Committee also asks 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 unauthorized deductions from wages (paragraph 8(b)).

6. Article 12. Noting the Government’s indication concerning the regulation of the advances on wages in the government service under the Financial Administration and Audit Act and that the payment of wages advances is not at present regulated by law in the private sector, the Committee requests the Government to indicate measures taken or contemplated to regulate the advances on wages in the private sector in accordance with this Article of the Convention.

7. Part VI. Education. The Committee had previously noted that, under Education Act of 1980, the Minister may by Order declare: (a) any area within a radius of three miles from any school to be a compulsory education area; and (b) the compulsory school age in relation to such compulsory education area. It requests once again the Government to supply a copy of the Order made under this provision, and also information on measures taken to prohibit the employment of persons below the school-leaving age (Article 15).

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

The Committee notes with interest that the Government's detailed report, as well as ample information attached to it, has been received. Further to its previous comments, it requests the Government to supply further information on the following matters.

1. Article 11, paragraph 1, of the Convention. In its earlier direct request, the Committee noted that the Holidays with Pay Order, 1973, section 11(1)(c), requires the employer to keep a record of normal wages, but this appears to mean wage rates (so as to calculate 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 Article 11, paragraph 1, of the Convention requires that the necessary measures be taken to ensure the proper payment not only of the minimum wage but of all wages earned. The Committee thus requests the Government to supply information on 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.

The Committee notes the Government's response that the Labour Advisory Committee is presently reviewing all labour laws and that information will be supplied when the Employment (Termination and Redundancy Payment) Act has been reviewed. It hopes that the necessary measures will soon be taken to ensure the proper payment of all wages earned, in particular by providing for registers of wage payments and the issuance of statements of wage payments.

2. The Committee also requested 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 unauthorized deductions from wages (paragraph 8(b)).

The Committee notes the Government's statement in the report to the effect that the Convention is applied concerning these points in practice despite the absence of legislative provisions. The Committee hopes that consideration will also be given to these questions in the framework of the labour law revision noted above, so as to bring the national legislation in line not only with the provisions of the Convention but also with the practice.

3. Article 12. Noting the Government's indication concerning the regulation of the advances on wages in the government service under the Financial Administration and Audit Act, the Committee requests the Government to indicate measures taken or contemplated to regulate the advances on wages in the private sector in accordance with this Article of the Convention.

4. Article 15. The Committee notes that, under the Education Act of 1980, the Minister may by Order declare: (a) any area within a radius of three miles from any school to be a compulsory education area; and (b) the compulsory school age in relation to such compulsory education area. It requests the Government to supply a copy of the Order made under this provision, and also information on measures taken to prohibit the employment of persons below the school-leaving age during school hours.

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

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).

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

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 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).

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 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).

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

1. Article 11, paragraph 1, of the Convention. Further to its previous direct request, the Committee notes the information and copies of legislation supplied by the Government. 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 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 notes 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).

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes the information and documents supplied by the Government. However, it notes that the questions concerning Articles 11 and 12 of the Convention, remain unanswered. The Committee recalls that, in 1982, the Government indicated that its comments concerning these Articles had been referred to a committee set up by the Minister of Labour and the Public Service. The Committee hopes that the Government will indicate in its next report whether the necessary measures have been taken with regard to the following points which have been pending since the Convention's ratification:

Article 11, paragraph 1. Issuance of statements of wage payment to all workers, including those employed in the private sector.

Article 11, paragraph 8. Informing workers of their wage rights and restriction of the amounts deductible from wages.

Article 12. Regulation of the maximum amounts and manner of repayment of advances on wages; limitation of the amount of advances made to a worker in consideration of taking up employment; and making legally irrecoverable any advance in excess of the amount laid down.