Labour and Social Security
-
LABOUR
Objective
“There should be an adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity” - Trinidad and Tobago ConstitutionComprehensive reform of labour legislation is needed in order for workers to enjoy the standard of living they deserve. Our planned reforms are-
-
Policy on Migrant Labour
Our policies on migrant labour will be consistent with the existing ILO conventions related to this issue. In this regard, we propose the following-
- The immediate establishment of a tripartite authority to monitor and regulate migrant labour.
- Reform of the system of work permits to ensure that jobs that can be performed by nationals are not being allocated to non-nationals, especially in the current economic crisis where unemployment is increasing; and the transfer of skills and knowledge to nationals in cases where non-nationals are employed. Furthermore, there will be trade union representation on the Works Permits Committee.
- Human trafficking is a major issue related to migrant labour and steps will be taken to ensure that the legislation is effectively implemented to protect those affected by this.
- With respect to regional migrant labour- the provisions of the Caribbean Single Market and Economy (CSME) for the free movement of labour across the region will be fully implemented.
-
1. Remove the severe limitations on the right to strike
-
2. Prevent the De-certification of Trade Unions
-
3. Facilitate Workers’ Right to Join a Trade Union of Their Choice-
This is a fundamental right which must be protected. A limit of three months will be put in place for the determination of recognition claims which are made to the Registration, Recognition and certification Board; The current requirement of 51% membership of workers in one particular union for that union to obtain recognition by the Recognition Board will be amended to 20%.
-
4. Allow merging of Trade Unions
-
5. Appointment of Judges to the Industrial Court
there will be security of tenure and pensions for Judges of the Industrial Court, and their appointment to an independent body, similar to that of High Court Judges.
-
6. “Worker within the meaning of the Act”
Employers will not be able to use provisions related to “worker in good standing” and “worker within the meaning of the Act” to delay and prevent trade unions from representing individual workers, who come from a non-unionised environment.
-
7. An End to Prohibition of Certain Sectors to Take Industrial Action
-
8. All Workers Will be Legally Recognised as Workers
The term “workers” should be amended to include drivers, domestic workers, etc. In this regard, the ILO Convention C189 2011, which T&T has voted for but has not yet been effected must be enforced to ensure the rights of this group of workers are protected. Additionally, workers in the security industry represent another group of vulnerable employees and specific measures should be implemented to protect this group.
-
9. Repeal of the Retrenchment and Severance Benefits Act, No 32/85
This law does not provide for the payment of severance pay to workers who are faced with company closure, such as winding up, receivership and liquidation
-
10. Amendments of the Companies Act-
Severance payments will be prioritised in terms of ranking of creditors. It is wrong for payments to banks, shareholders, and other creditors before severance payments are made to laid off workers.
-
11. Repeal of Workmen’s Compensation Act
- This will be replaced with a modern Employee Injury and Disability Act
-
12. OSHA Will be amended to efficiently deal with environmental aspects of occupational health and safety
-
13. Amendments to the Supplemental Police Act
These amendments will ensure that non-precepted security officers are represented by the Estate Police Association under the Industrial Relations Act.
-
14. Cabinet sub-committees will no longer oversee Public Sector Negotiations
- This process violates and delays the collective bargaining process
-
15. The National Minimum Wage will be re-examined
We will ensure that the minimum wage is fair to workers by having wages consistent with a living wage
-
16. Discontinuation of Contract Labour in the Public, Teaching and State Sector
This practice has resulted in employee intimidation, job insecurity, inferior terms and conditions of employment, as well as fuelling corruption, nepotism and political victimisation
-
17. The National Productivity Council
will be adequately resourced to be able to conduct the necessary studies. Furthermore, Workplace Councils will be established. These bodies will facilitate the involvement of workers in the decision making process and allow for the direct contribution to the process of increasing productivity.
-
18. A Labour Market Information Council
will be set up with the objective of meeting the needs of the labour market. This involves determining areas where workers are needed as well as ensuring that opportunities exist for sufficient persons to be trained in the relevant areas.
-
19. The Conciliatory Unit
will be strengthened in order that employers and trade unions can settle a number of industrial matters in order to reduce the number of cases brought before the Industrial Court.