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Jamaica - Minimum Wages - 2011


LAST UPDATE

3 May 2011

SOURCES


Name of Act

The Labour Officers (Powers) Act of 29 April 1943.

Name of Act

The Minimum Wage Act, Chapter 252, of 22 December 1938, as amended up to 2011

Name of Act

The National Minimum Wage Act Order of 30 October 1975, as amended up to 2011
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Other source used

Ministry of Labour and Social Security website of Jamaica

LEGAL DEFINITIONS


Employee/worker

A worker is an individual who has entered into, or looks under, a contract with an employe, wether the contract is express or implied, and if it is expressed wether it is oral orin writing.
The Minimum Wage Act Orders §2

Wage

Wage means remuneration in cash and does not include payments in kind such as lodgings, food or any other benefit conferred to any worker by his employer.
The Minimum Wage Act Orders §2

Minimum wage

Minimum wage means any national minimum wage or the minimum rate of wages fixed in respect of the particular occupation followed by the person concerned and applicable to each category.
The Minimum Wage Act §2

MINIMUM WAGE FIXING


Procedure


Procedure in general

The Minister may by order published in the Gazette fix minimum rates of wages for any occupation in the Island either generally or in any specified area, place or district in any case in which he is satisfied that the wages being paid to any persons employed in any such occupation are unreasonably low, and may, if he is satisfied that it is desirable so to do, fix a national minimum wage applicable to occupations generally.
The Minimum Wage Act §3(1)

Government decides after tripartite or bipartite body discussions/recommendations

In order to fix the National Minimum Wage rates in Jamaica an Advisory Commission(composed of equal number of representatives of employers and workers and not less than 2 officials designated by the Minister) shall consider all factors affecting the circumstances of employment and remuneration of the various categories of worker and will advise through recommendations to the Minister on all related matters and any minimum wage which may be amended.
The Minimum Wage Act §4(B)
Second Schedule §3

Criteria

In order to accomplish the National Minimum Wage are taken into account different factors such as the inflation data, the interests of the workers, the ability of employers to pay, and in general all the factors affecting the circumstances of employment and remuneration of the various categories of workers.
The Minimum Wage Act §4(A)

Coverage


Specific minimum wage rates


» Specific minimum wage by occupation

The Minister may by Order, fix minimum rates of wages for any occupation in the Island either generally or in any specified area, place or district.
The Minimum Wage Act §3(1)

» Specific minimum wage by sector

The Minister may by Order, fix minimum rates of wages for any occupation in the Island either generally or in any specified area, place or district.
The Minimum Wage Act §3(1)

» Specific minimum wage by region

The Minister may by Order, fix minimum rates of wages for any occupation in the Island either generally or in any specified area, place or district.
The Minimum Wage Act §3(1)

» Minimum wage levels for specific categories of workers


» Trainees

Where a worker is an apprentice or learner it shall not be lawful to receive directly or indirectly from his employer or on his behalf any payment by way of premium instead a payment in cash.
The Minimum Wage Act §8(1)

» Domestic Workers

The minimum wage for household workers who are employed as weekly workers is hereby fixed at the rate of $168.75 per hour with normal working week of 40 hours.
The Minimum Wage Act Orders §5(1)(a)

Level


Minimum wage level(s) in national currency

The National Minimum Wage is fixed in $112.50 per hour for work done by those workers during any period not exceeding 8 hours on a normal working day or 40 hours in any week.
The Minimum Wage Act Orders §4(1)(a)

Last minimum wage update

28th day of February, 2011
The Minimum Wage Act Orders §4(1)(a)

In-kind allowances

No wages in kind are permitted, including lodgings, food or any other benefit conferred to any worker by his employer.

It shall not be lawful to receive premiums as remuneration where minimum wage in force.
The Minimum Wage Act Orders §2
The Minimum Wage Act §8(1)

Rate of payment


» Hourly

Yes
The Minimum Wage Act Orders §4
Ministry of Labour and Social Security website of Jamaica (Table of current minimum wage rates)

» Weekly

Yes.
Ministry of Labour and Social Security website of Jamaica (Table of current minimum wage rates)

Specific provisions

The weekly minimum wage rate for Industrial Security Guards is fixed in
$166.38 per hour for work done by those workers during any period not exceeding 8 hours on a normal working day or 40 hours in any week.
The Minimum Wage Act Orders §4(b)

Scheduled frequency of adjustment

The Minister may from time to time by Order amend or vary the Minimum Wage Act or remove any enactment.
The Labour Officers (Powers) Act §4

Enforcement mechanisms


Labour inspection

A Labour Officer may at all reasonable times enter upon any premises, other than a dwelling-house, for the purpose of carrying out any inspection or inquiry which he may consider desirable for ensuring the proper observance of the law.
The Labour Officers (Powers) Act §3

Fines in national currency for non-respect of legislation

Any employer who pay wages at less than the minimum wage rate fixed by the Minister shall be liable on summary conviction before a Resident Magistrate in respect of each offence to a penalty not exceeding one million dollars or imprisonment for a term not exceeding one year or both such fine and imprisonment.
The Minimum Wage Act §13

Other penalties

Where an offence has in fact been committed by some agent of the employer or other person, that person shall be liable to be proceeded against for the offence in the same manner as if he were the employer and shall be liable on conviction to the same punishment as that to which the employer is liable.
The Minimum Wage Act §7(1)

Results generated on: 21st December 2014 at 20:24:22.
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