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

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

Other comments on C117

Observation

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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.