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

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. 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.