2 – Repeated violations of rights
The ITUC Global Rights Index

Jamaica

In practice

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Call-centre operators, deprived of the right to freedom of association, face abuse08-04-2021

With tens of thousands of jobs linked to the tourism sector lost due to the COVID-19 pandemic, the Jamaican government has heralded the island’s fast-expanding business process outsourcing outsourcing See contracting-out (BPO) sector as a much-needed source of jobs. However, there are major concerns about the widespread breach of workers’ rights in the sector. Of the 40,000 BPO workers in Jamaica – whose roles vary from customer services to technical support, sales and more – nearly all are working on fixed-term and temporary contracts, and not one of the 70-plus companies operating on the island has allowed trade union representation within their firms.
As a result, thousands of young workers are lured into call-centre jobs, enticed by promises of good salaries and skilled work within a high-tech, global industry, only to find themselves facing a completely different reality once the training is over and the contracts are signed. Workers describe long hours, short or no breaks during busy periods, and environments where employers hire and fire at will, instilling a sense of fear that makes workers reluctant to speak up. Workers also say that while not explicit, the language in their contracts implies that organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. and collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
are grounds for dismissal, even though freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
is enshrined in the Jamaican constitution.
The BPO sector is one of the fastest-growing industries in the Caribbean. The region’s close proximity to the United States and large pool of young, English-speaking, skilled workers has made it an increasingly popular destination for global companies like Teleperformance, Xerox, itel-BPO and IBEX Global, particularly as coronavirus outbreaks in various call centres in the Philippines impacted business in the world’s top BPO destination. There are currently 40,000 workers in Jamaica’s global services industry; the government is aiming for 300,000 jobs in the industry by 2030.
Meanwhile, BPOs already have special privileges as they operate under special economic zone (free zones) legislation as “public utility services”. This arrangement has resulted in a range of tax exemptions and anti-union laws: for example, there can be no strikes unless unions give employers six weeks’ notice.

Refusal to pay union leaders31-03-2013

Nestle Jamaica refused to pay for the hours taken by trade union delegates to attend a meeting at the Ministry of Labour. To protest against this decision 130 workers at Nestle Jamaica in the central parish of St Catherine went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.

Precarious work hinders unionisation of domestic employees31-12-2011
Anti-union practices preventing formation of unions in EPZs 31-12-2011
Union busting and derecognition 31-12-2011

It is estimated that 20% of workers belong to a union. Where unions already exist, managers in some companies try to have their recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. withdrawn. In the private sector, employers tend to dismiss unionised workers and then re-hire them on short-term contracts with lower benefits.

Government intervention in labour disputes31-12-2010
Few unions and de-recognition of existing ones31-12-2010

It is estimated that 20% of workers belong to a union. In some companies, where a union already exists, managers have tried to get their recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. withdrawn. In the private sector, they have a tendency to dismiss unionised workers and then subsequently re-employ them on short-term contracts with lower benefits.

Trafficking of women and children for sexual exploitation and forced labour31-12-2010

Human trafficking is a consequence of several factors affecting the country: Jamaica is a source, transit, and destination country for victims of human trafficking. Although the Jamaican government has taken some steps to prosecute those responsible for human trafficking, it does not fully comply with the minimum standards for the elimination this scourge.

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