Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Jamaica (Ratification: 1963)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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

Article 3 of the Convention. Operation of the minimum wage fixing machinery and participation of the social partners. The Committee notes the adoption of the National Minimum Wage Order, 2011, which took effect on 28 February 2011 and set the new national minimum wage at 4,500 Jamaican Dollars (JMD) per week (approximately US$52.5) for general workers and JMD112.5 per hour (approximately US$1.31) for industrial security guards. In addition, the Committee understands that the Government has commissioned a study on the determination of a minimum liveable wage with a view to further adjusting minimum wage rates, if necessary. The Committee would appreciate receiving a copy of this study once it is prepared.

Further to its previous comments, the Committee notes that under the Minimum Wage Act, 1938, the Minimum Wage Advisory Commission comprises three permanent members and may include, as the Minister of Labour may deem necessary, special members representing employers’ and workers’ organizations in equal numbers. It also notes that, pursuant to this Act, these special members have no right to vote during the proceedings of the Commission or to make any recommendations to the Minister or to sign any report of the Advisory Commission. The Committee notes, however, the Government’s indication that, in practice, workers’ and employers’ representatives are invited to participate to consultations with the Minimum Wage Advisory Commission on the adjustment of minimum wage rates and that their recommendations are taken into consideration. Recalling that, under Article 3(2)(2) of the Convention, employers and workers concerned must be fully associated in the operation of the minimum wage fixing machinery, the Committee requests the Government to indicate the measures taken or envisaged in order to ensure in law the genuine participation of the social partners in the work of the Minimum Wage Advisory Commission, thus bringing national legislation into line with practice. The Committee would also be interested in receiving copies of the most recent recommendations of the Advisory Commission relating to the readjustment of the national minimum wage rates and copies of any relevant studies that the Commission may have prepared or commissioned in this respect.

Articles 4(1) and 5 and Part V of the report form. System of sanctions. Practical application. The Committee understands that the Government has been considering the revision of the fines and penalties applicable in case of non compliance with the minimum wage legislation so that they become truly dissuasive and prevent abuses. According to some accounts, the fine for employers in breach would be increased from JMD1,000 (approximately US$11.7) to JMD750,000 (approximately US$8,743), while ministerial regulations might provide for a penalty of up to JMD1 million (approximately US$11,657) or 12 months’ imprisonment, or both. The Committee requests the Government to provide detailed information on these legislative developments and to transmit a copy of any new text as soon as it is adopted. Furthermore, the Committee would also appreciate if the Government would supply up to date information on the application of the Convention in practice including, for instance, statistical data on the evolution of minimum wage rates in recent years as compared to the evolution of economic indicators such as the consumer price index in the same period, the approximate number of workers paid at the minimum wage rates, labour inspection results, and copies of official surveys or reports on issues related to minimum wage policy.

Finally, the Committee takes this opportunity to recall that, based on the recommendations of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remain relevant in certain respects (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Committee, therefore, suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided by the Government, in particular, the two minimum wage orders of January 2006 readjusting the national minimum wage at JMD2,800 (approximately US$42.5) per week for general workers and JMD103.5 (approximately US$1.5) per hour for industrial security guards. It also notes the information concerning the consultation process followed by the Minimum Wage Commission for the purpose of formulating its recommendations to the Minister of Labour and Social Security on a possible increase of the minimum wage rates. However, as the Committee has noted in previous comments, the information concerning the equitable representation of employers and workers in the minimum wage fixing machinery has been contradictory. In fact, whereas in earlier reports, the Government indicated that the three permanent members of the Minimum Wage Commission were appointed on a tripartite basis, following consultation with, and nominations by the most representative organizations of employers and workers, in its last report, it indicates that the employers are not specifically associated by virtue of the legislation even though their views are eventually taken into consideration. The Committee recalls in this respect that, as required under Article 3, paragraph 2(2), of the Convention, the employers and workers concerned must be associated in the operation of the minimum wage fixing machinery in equal numbers and on equal terms. The Committee would be grateful, therefore, if the Government would provide additional explanations concerning giving effect to these provisions in both law and practice. Moreover, the Committee would appreciate receiving a copy of the Minimum Wage Commission’s report to which reference was made in the Government’s report.

Finally, the Committee would thank the Government for continuing to supply up to date information on the practical application of the Convention, including, for instance, copies of official studies addressing issues related to the minimum wage system, extracts from inspection reports, statistics on the evolution of minimum wage rates in recent years as compared to the evolution of economic indicators such as the inflation rate, etc.

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

The Committee notes the information provided by the Government. It notes in particular the ministerial orders of 2001 adjusting the minimum wage rates applicable to household workers and industrial security guards. It also notes the statistical information indicating that in 2001, some 565 establishments in eight different trades and employing 33,756 workers were covered by the minimum wage legislation. The Committee would be grateful if the Government, in addition to continuing to provide information on the minimum wage rates in force, would provide, in accordance with Article 5 of the Convention and Part V of the report form, any other information, such as extracts from the reports of the inspection services concerning compliance with minimum wage regulations and information on the activities and current composition of the Minimum Wage Advisory Commission established by the 1975 Minimum Wage Act, so that the Committee can gain a fuller appreciation of the manner in which effect is given to the Convention in both law and practice.

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

The Committee notes the information provided in the Government's report. It requests the Government to continue to supply, in accordance with Article 5 of the Convention and point V of the report form, general information on the application of the Convention in practice, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).