Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. Measures to address the wage gap between men and women. The Committee notes the Government’s statement that the requested information on the measures taken or envisaged to promote the principles of the Convention is forthcoming. The Committee trusts that the Government’s next report will include information on the measures taken to promote the application of the Convention through policies aimed at promoting equal access of women to all occupations and economic sectors, especially to decision-making and management posts in both the public and private sectors, and on their effect on the elimination of wage differentials between men and women at all salary levels.

Application of the principle through collective agreements. The Committee notes the Government’s statement that it will send copies of collective agreements for various industries and enterprises in the private sector after it has sought permission from the social partners. The Committee hopes that the Government’s next report will include copies of relevant collective agreements, as well as information on the applicable wage scales and an indication of the distribution of men and women in the different wages scales and occupations.

Wage differentials in the civil service. The Committee notes the Government’s statement that wages in the Jamaica Civil Service are attached to posts and that no differences in pay exist between men and women. Consequently, men and women can occupy positions at the same level without discrimination based on sex. The Committee draws the attention of the Government to the fact that vertical and horizontal segregation of men and women in certain occupations, where women are often concentrated in the lower paid jobs, is considered to be one of the main underlying causes of pay differentials that may exist between men and women. The Committee draws the Government’s attention in this regard to its 2006 general observation on this Convention. The Committee therefore asks the Government to provide information, disaggregated by sex, on the distribution of men and women by classification grades and relevant pay scales in the civil service.

Article 3. Objective job evaluation in the public sector. With respect to the use of objective job appraisals systems in the public sector free from gender bias, the Committee notes the Government’s statement that the Government of Jamaica is still in the process of changing over to a fully quantitative method of job evaluation (PMAS performance management and appraisal system), which is to be completed in April 2008. It notes that 75 per cent of the jobs in the civil service are now based on this quantitative job evaluation methodology. The Committee looks forward to the finalization of the process towards a quantitative process of job evaluation in the public sector and asks the Government to keep it informed of the progress made towards ensuring the application of the principle of the Convention in the public sector through the objective evaluation of jobs without gender bias.

Enforcement of equal pay and minimum wage legislation. The Committee refers to its previous comments relating to problems of enforcement concerning complaints made by women relating to the Employment (Termination and Redundancy Payments) Act, the Holidays with Pay Act and the Minimum Wage Act, and the non-payment of minimum wages. The Committee notes the Government’s statement that the principle of equal remuneration operates quite effectively at the minimum wage level but that less progress has been made at the higher salary levels. The Committee hopes that the Government’s next report will contain information on the following: (i) the distribution of men and women in the sectors where non-payment of minimum wages has been most problematic; (ii) the measures taken to ensure that the minimum wage legislation as well as other legislation relevant to the effective application of the principle of the Convention is effectively enforced for both women and men; and (iii) any obstacles with respect to its enforcement that disproportionately affect women workers. Please also provide information on the measures taken or envisaged to ensure or promote the application of the principle of equal remuneration for men and women for work of equal value at the higher salary levels.