EMPLOYMENT (EQUAL PAY FOR MEN AND WOMEN) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Payment of equal pay for equal work

   4   Power of the Court re underpayments

   5   Offence of agent

   6   Prevention of evasion

   7   Burden of proof

   8   Records to be kept

   9   Assignment of officers and power of entry and inspection

   10   Regulation

      SCHEDULE

 

THE EMPLOYMENT (EQUAL PAY FOR MEN AND WOMEN) ACT

[Date of Commencement: 1st December, 1975]

Act 34 of 1975

1   Short title

   This Act may be cited as the Employment (Equal Pay for Men and Women) Act.

2   Interpretation

   (1) In this Act unless the context otherwise requires-

   "employee" means an individual who has entered into or works, or normally works, under a contract of service or of apprenticeship;

   "employer" means a person for whom one or more employees work, or have worked or normally work;

   "equal pay" means a rate or a scale of remuneration for work, in which rate or scale there is no element of dedifferentiation between male employees and female employees based on the sex of the employees;

   "equal work" means work performed for one employer by male and female employees alike in which-

   (a)   the duties, responsibilities or services to be performed are similar or substantially similar in kind, quality and amount;

   (b)   the conditions under which such work is to be performed are similar or substantially similar;

   (c)   similar or substantially similar qualifications, degrees of skill, effort and responsibility are required; and

   (d)   the differences (if any) between the duties of male and female employees are not of practical importance in relation to terms and conditions of employment or do not occur frequently:

   "referee" means a member for the time being of the panel of persons appointed by the Minister to be referees in accordance with the Schedule;

   "remuneration" means' in relation to any employee, the salary, wages or other compensation, including, where applicable-

   (a)   time and piece work wages, overtime, bonus and other special payments; and

   (b)   allowances, fees, commission and all other emoluments, benefits or wage supplements whether payable directly or indirectly and (whether payable in cash or kind),

which that employee is paid or is entitled to in respect of work or services performed by him for an employer.

   (2) For the purposes of this Act a person shall be regarded as employed in an establishment if he is employed to work in the establishment or, in the case of a person employed to work otherwise than in the establishment, if his employment is carried out from the establishment.

   (3) A person shall not be regarded for the purposes of this Act as employed in Jamaica if his employment is wholly or mainly outside Jamaica; but-

   (a)   employment on aircraft or hovercraft registered in Jamaica shall not be regarded for the purposes of this Act as employment outside Jamaica unless it is wholly outside Jamaica;

   (b)   persons employed to work on board a ship registered in Jamaica, unless the employment is wholly outside Jamaica, are to be regarded for the purposes of this Act as employed in an establishment.

   (4) In so far as any specially favourable treatment approved as such by a referee is accorded to women in connection with the birth or expected birth of a child or in connection with terms and conditions of employment related to retirement, marriage or death such treatment shall be deemed for the purposes of this Act not to be in contravention of the requirement not to discriminate between male and female employees.

   (5) If, on the application of any employer or employee any organisation recognised by the Minister as representative of employers or of employees, the Minister is satisfied that there is need to determine whether or not any treatment under subsection (4) is favourable to the women concerned he shall refer the matter to a referee for decision.

   (6) Where a reference is made under subsection (5) the referee-

   (a)   shall give full opportunity to all parties appearing to him to be affected by, or concerned with, the matter to present evidence (whether or not such evidence would be admissible in a Court of law) and make representations to him; and

   (b)   may determine his own procedure and may take into account the extent to which the women concerned in the matter, or a majority of them, consider the treatment to be favourable to them,

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