Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Jamaica (Ratification: 1996)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Jamaica Confederation of Trade Unions (JCTU) and the Jamaica Employers Federation (JEF), transmitted together with the Government’s report. It also notes the Government’s reply to the JCTU observations.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s general indication that tripartite consultations on matters related to Article 5(1) of the Convention are held within the Labour Advisory Council (LAC). The Committee nevertheless observes that, once again, the Government does not provide information on the content and outcome of the tripartite consultations. With respect to the periodicity of the tripartite consultations held, the Committee notes that, while acknowledging the important role played by the LAC in facilitating tripartite consultations, the JTUC nevertheless indicates that the LAC has not met as frequently as needed. In its reply, the Government indicates that meetings of the LAC are held quarterly, as well as when an urgent matter arises. The Government acknowledges that LAC meetings took place less frequently in 2020, due to the COVID-19 pandemic. It adds that, following the outbreak of the pandemic, the LAC has also met virtually. The Committee notes the Government’s indication that the last meeting of the LAC was held on 20 August 2021 and that another would shortly be convened. The Committee reiterates its request that the Government provide detailed updated information on the frequency, content and outcome of the tripartite consultations heldon the matters relating to international labour standards covered by the Convention, including with respect to: the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the proposals to be made to the competent authorities upon the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

Article 4(2). Financing of training. The Committee notes that, in its observations, the JTUC highlights the insufficiency or absence of appropriate arrangements between the competent authority and the representative organizations with a view to financing any necessary training for participants in the consultation procedures. The JTUC adds that it has noted this issue as an agenda point for future discussion in the LAC. The Committee requests the Government to provide updated information on the outcome of any tripartite consultations relevant to the application of Article 4(2) of the Convention, and to indicate whether arrangements have been made or are envisaged for financing or other type of support in relation to any necessary training of participants in the consultation procedures provided for by the Convention.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 5 of the Convention. Effective tripartite consultations. In reply to the Committee’s previous comments, the Government reports that during the reporting period, the most recent meetings of the tripartite Labour Advisory Council (LAC) were held on 14 March and 8 August 2018. The Government indicates that the matters specified in Article 5 of the Convention were placed on the LAC’s agenda, and that, at its meeting on 8 August 2018, the LAC discussed the agenda of the 107th Session of the International Labour Conference. The Government adds that it communicates copies of its reports on the application of ratified Conventions as well as reports relating to unratified Conventions to the Jamaica Employers’ Federation (JEF) and the Jamaica Confederation of Trade Unions (JCTU) for their information and comments. Noting that the Government has not provided the specific information requested, the Committee once again requests that the Government provide updated detailed information on the content and outcome of the tripartite consultations held on all of the matters concerning international labour standards covered by Article 5(1) of the Convention, particularly relating to: Government replies to questionnaires concerning Conference agenda items (Article 5(1)(a)); proposals to be made to the competent authorities in connection with the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)).

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

Article 5 of the Convention. Effective tripartite consultations. In reply to the Committee’s previous comments, the Government reports that during the reporting period, the most recent meetings of the tripartite Labour Advisory Council (LAC) were held on 14 March and 8 August 2018. The Government indicates that the matters specified in Article 5 of the Convention were placed on the LAC’s agenda, and that, at its meeting on 8 August 2018, the LAC discussed the agenda of the 107th Session of the International Labour Conference. The Government adds that it communicates copies of its reports on the application of ratified Conventions as well as reports relating to unratified Conventions to the Jamaica Employers’ Federation (JEF) and the Jamaica Confederation of Trade Unions (JCTU) for their information and comments. Noting that the Government has not provided the specific information requested, the Committee once again requests that the Government provide updated detailed information on the content and outcome of the tripartite consultations held on all of the matters concerning international labour standards covered by Article 5(1) of the Convention, particularly relating to: Government replies to questionnaires concerning Conference agenda items (Article 5(1)(a)); proposals to be made to the competent authorities in connection with the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)).

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 2015.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Committee notes from the report that, in addition to the Domestic Workers Convention, 2011 (No. 189), the Occupational Safety and Health Convention, 1981 (No. 155), is being considered by the Labour Advisory Committee (LAC). It also notes that the LAC met on a yearly basis in 2012–14 and, since the start of 2015, there have been three LAC meetings. The Government reiterates that the matters relating to Article 5 of the Convention are not usually individually addressed at LAC meetings. The Government adds that, from time to time, particular issues concerning international labour standards are addressed by different members of the LAC, although not in the committee setting. The Committee requests the Government to provide detailed information on the content and outcome of the tripartite consultations held by the LAC on each of the matters listed in Article 5(1) of the Convention, including replies to questionnaires concerning items on the agenda of the International Labour Conference and comments on proposed texts to be discussed by the Conference, proposals to be made to Parliament in connection with the submission of instruments adopted by the Conference, and questions arising out of reports to be made on the application of ratified Conventions under article 22 of the ILO Constitution.

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

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Effective tripartite consultations. The Committee notes from the report that, in addition to the Domestic Workers Convention, 2011 (No. 189), the Occupational Safety and Health Convention, 1981 (No. 155), is being considered by the Labour Advisory Committee (LAC). It also notes that the LAC met on a yearly basis in 2012–14 and, since the start of 2015, there have been three LAC meetings. The Government reiterates that the matters relating to Article 5 of the Convention are not usually individually addressed at LAC meetings. The Government adds that, from time to time, particular issues concerning international labour standards are addressed by different members of the LAC, although not in the committee setting. The Committee requests the Government to provide detailed information on the content and outcome of the tripartite consultations held by the LAC on each of the matters listed in Article 5(1) of the Convention, including replies to questionnaires concerning items on the agenda of the International Labour Conference and comments on proposed texts to be discussed by the Conference, proposals to be made to Parliament in connection with the submission of instruments adopted by the Conference, and questions arising out of reports to be made on the application of ratified Conventions under article 22 of the ILO Constitution.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2012. The Government indicates that the Labour Advisory Committee (LAC) meets on a quarterly basis to discuss matters concerning the labour market, legislation and policy. It further indicates that matters relating to Article 5 of the Convention are not usually individually addressed at LAC meetings. However, particular issues which arise at the International Labour Conference are discussed. The Committee notes that in early 2012, the Domestic Workers Convention, 2011 (No. 189), and issues relating to child labour were discussed at LAC meetings. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5(1) of the Convention. The Committee therefore requests the Government to provide detailed information in its next report on the effective tripartite consultations held by the LAC on each of the matters concerning international labour standards listed in Article 5(1) of the Convention (replies to questionnaires, submissions to the competent authorities, re-examination of unratified Conventions and Recommendations, reports to be made to the ILO).

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

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2011. The Government reiterates in its report that the Labour Advisory Committee (LAC) is the designated body established to facilitate tripartite consultations. The Government indicates that the ILO is an important facilitator of trainings of participants on the consultative procedures. It also indicates that annual reports on the working of procedures are not normally issued. However, minutes of each meeting are compiled and distributed to each member of the Tripartite Committee. The Government further indicates in its report that it endeavours to keep the ILO informed on the content and outcome of any consultations held on subjects related to international labour standards. The Committee invites the Government to provide in its next report up-to-date information on the Conventions being considered by the LAC as well as information on the content and outcome of the tripartite consultations on the matters relating to international labour standards listed in Article 5(1) of the Convention. In this regard, the Committee wishes to draw the Government’s attention to the questionnaires concerning items of the agenda of the Conference, the submission of instruments adopted by the Conference to the Parliament, and the reports to be made on the application of ratified Conventions.

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

Article 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. The Committee notes the information contained in the Government’s report received in July 2009. In reply to the 2007 direct request, the Government indicates that, in the absence of formal Labour Advisory Committee (LAC) meetings, it forwards the relevant documents to both the Jamaica Employers’ Federation and the Jamaica Confederation of Trade Unions for their input and comments. Consultations concerning any Convention are held on an individual basis. Report forms and questionnaires are sent to each of the social partners and relevant organizations for their individual response from which the Ministry will prepare a report to the ILO. The Government further indicates that discussions have taken place between the social partners regarding some of the unratified Conventions and that, where the need arises, the parties will agree as to the steps to take in ratifying a Convention. The Committee requests the Government to continue to provide information on the content and outcome of the consultations held on the subjects related to international labour standards listed in Article 5 of the Convention including, when available, information on the consultations regarding the re-examination of unratified Conventions (Article 5(1)(c)).

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

Article 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. In the report received in July 2007, the Government indicates that, while the Labour Advisory Committee (LAC) has not met for more than one year, the members of the LAC have made a commitment to restart work after the General Election. In this regard, the Committee notes the items that were discussed by the LAC during the meeting on 17 May 2006. With respect to the matters covered by Article 5 of the Convention, the Government briefly indicates that consultations are usually undertaken at quarterly meetings which are normally chaired by the Minister of Labour and Social Security. The Committee again requests the Government to provide, in its next report, up to date information on the content and outcome of the consultations held, in particular in the LAC, on the subjects related to international labour standards listed in Article 5 of the Convention.

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

Tripartite consultations required by the Convention. In its reply to the Committee’s previous direct request, the Government indicates that the Labour Advisory Committee (LAC) currently reviews Conventions only as they relate to topical concerns (for example, HIV/AIDS in the context of occupational safety and health). It further indicates that questionnaires are discussed but final responses are provided on an individual basis by each social partner as consensus is not normally reached at the LAC meetings. The Committee asks the Government to include in its next report further particulars of the consultations held on the other matters set out in Article 5, paragraph 1, of the Convention (re-examination of unratified Conventions, article 22 reports, proposals for denunciation). Please also indicate the outcome of the tripartite consultations held during the period covered by the next report on each of the matters covered by the Convention.

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

The Committee notes the Government’s report containing indications on the consultations that are carried out through meetings of the Labour Advisory Committee, written communications and telephone contacts. In reply to its 2001 direct request, the Government indicates that the provision of finances for the training of members of representative organizations is usually the concern of each of these organizations (Article 4, paragraph 2, of the Convention). The ILO is an important facilitator of training.

Article 5. The Government also indicates that consultations are undertaken at quarterly meetings that are normally chaired by the Minister of Labour. The Labour Advisory Committee is currently reviewing Conventions. The Committee refers to its 2001 direct request and asks the Government to include in its next report further particulars of the consultations held on each of the matters set out in paragraph 1 (replies to questionnaires, submission to Parliament of all the instruments adopted by the Conference, re-examination of unratified Conventions, article 22 reports, proposals for denunciation). Please also indicate the nature of any reports or recommendations made as a result of these consultations.

Article 6. The Committee also notes that no annual reports are issued on the work of the Labour Advisory Committee. It would be grateful if the Government would give particulars in its next report of any consultations that may have taken place with the representative organizations on the working of the procedures provided for in the Convention.

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

The Committee notes the Government’s first report, received in June 2000, on the application of the Convention. It would be grateful if the Government would provide in its next report further information on the practical application of the Convention, including indications on the following matters.

Article 4, paragraph 2, of the Convention. The Government indicates that it always invites the Jamaica Employers’ Federation (JEF) and the Jamaica Confederation of Trade Unions (JCTU) to send representatives to all seminars and workshops on ILO and labour-related matters, and that they include, but are not restricted to, training and consultative procedures. Please provide information on any arrangements made for financing any necessary training of participants in the consultative procedures.

Article 5. The Government has provided in its report information on the consultations held with social partners in relation to the steps taken in order to submit to the Cabinet the instruments adopted by the Conference on unratified Conventions and on the Committee’s comments. The Committee would be grateful if the Government would include in its next report further particulars of the consultations on each of the matters set out in paragraph 1 (replies to questionnaires, submission to Parliament of all instruments adopted by the Conference, re-examination of unratified Conventions, article 22 reports, proposals for denunciation), including information as to the frequency of such consultations. Please also indicate the nature of any reports or recommendations made as a result of the consultations.

Article 6. Please give particulars of any consultations that may have taken place with the representative organizations on the question of issuing an annual report on the working of the procedures provided for in the Convention.