Solicitud directa (CEACR) - Adopción: 1997, Publicación: 86ª reunión CIT (1998)

Convenio sobre igualdad de remuneración, 1951 (núm. 100) - Jamaica (Ratificación : 1975)

The Committee notes the information contained in the Government's report and attached documentation.

1. In its previous direct request, the Committee had pointed out that section 2 of the Employment (Equal Pay for Men and Women) Act, 1975, only refers to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work of "equal value", even of a different nature. The Committee notes that the tripartite Labour Advisory Committee is currently undertaking a review of all labour legislation and that information concerning the outcome of this review will be provided when available. The Committee hopes that the Government will be able to provide information in the near future on any measures taken or contemplated to ensure legislative conformity with the provisions of the Convention. Please also indicate, if appropriate, the extent to which any amendments to the national legislation are in line with the model legislation adopted by the 15 member Caribbean Community (CARICOM) on equality of opportunity and treatment in employment and occupation.

2. In previous comments, the Committee noted that the Minimum Wage (Printing Trade) Order, 1973, which had provided for sex-differentiated job categories and pay scales had been revoked by the Minimum Wage (Printing Trade) Order, 1989, which set a single rate of pay for an unskilled worker. However, in other respects the Order simply removed explicit reference to the sex of the worker from various other categories, while at the same time maintaining both the former definitions of those categories and differentials in the respective increased minimum rates which appeared to correspond to those laid down in the 1973 Order. As it did not appear that measures had been taken to evaluate and classify the formerly sex-specific jobs according to non-discriminatory criteria, or to ensure that those jobs were open to both sexes, the Committee had asked the Government to provide detailed information on the measures taken to ensure the application of the principle of the Convention in the printing trade as well as in other industries, such as the garment industry, where the Committee had previously noted that distinctions based on sex had apparently played a role in establishing differential wage rates. The Committee notes from the Government's report that no order has been made since 1989 for either the printing trade or the garment industry. It also notes the Government's statement that the National Minimum Wage Order, 1975, which was amended most recently by the National Minimum Wage (Amendment) Order, 1996, supersedes all other wage orders. The Committee welcomes the information provided by the Government concerning this long-standing question. With a view to clarifying conclusively the present situation, the Committee would be grateful if the Government would provide with its next report, copies of the actual wage scales prevailing for each classification in larger printing establishments and garment industries, together with an indication of the numbers of men and women employed in each classification.

3. In its previous comments, the Committee noted that while the payment of marriage allowances was discontinued during the 1970s, teachers who had been entitled to the allowance prior to its discontinuation were continuing to be paid. As it appeared that only male teachers were entitled to receive the marriage allowance, the Committee had asked the Government to ensure that those female teachers who were also employed prior to the date of discontinuance of the allowance, but who were denied it on account of their sex, are also granted a comparable allowance. The Committee notes the Government's statement that benefits for all teachers are now equitable since the marriage allowance, which was discontinued in 1979, is not offered to male or female teachers. In an effort to settle this matter, the Committee requests the Government to ascertain whether any former male teachers are still in receipt of this allowance.

4. Further to its previous direct request, the Committee requests the Government to provide information on the salary scales applying in the public sector, and data on the actual earnings in the public sector, together with an indication of the percentage of men and women employed at different levels. Please also provide copies of collective agreements current for various industries or enterprises in the private sector, which contain wage scales and provide, if possible, information on the distribution of men and women in the different occupations and levels covered by each collective agreement.