National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
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.
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.
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.).