Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Trinidad and Tobago (Ratification: 1963)

Other comments on C098

Observation

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The Committee notes the Government’s reply to the 2019 observations of the International Trade Union Confederation. The Committee requests the Government to provide statistics on the number and nature of complaints of anti-union discrimination, in particular dismissals, filed to the competent authorities, their follow-up and outcome as well as statistics on applications made to the court for such industrial relations offences.

Workers covered by the Convention. In its previous comments the Committee referred to the need to amend section 2(3) of the Industrial Relations Act (IRA) which excluded certain categories of workers from its scope of application. The Committee notes the Government’s indication that a revised draft policy paper for the amendment of the IRA, developed with the social partners and submitted to Cabinet for its consideration in May 2021, recommends extending the scope of workers and include teachers, Central Bank employees and domestic workers, now excluded by virtue of section 2(3) of the IRA. Duly noting these elements, the Committee hopes that the amendment will also include the apprentices and persons in enterprises with policy and other managerial responsibilities, also excluded by virtue of section 2(3) of the IRA. Noting that no developments appear to have taken place since the draft policy paper was submitted to Cabinet in May 2021, the Committee strongly encourages the Government to take the necessary steps so that the IRA is amended without further delay and requests it to provide a copy of it once adopted.

Article 4 of the Convention. Promotion of collective bargaining. For several years the Committee has been referring to the need to amend section 34 of the IRA, which provides that in order to be recognized as a collective bargaining agent, a trade union should represent 50 per cent of the workers in the bargaining unit. The Committee notes the Government’s indication that a non-recognized majority union was able to negotiate collectively on behalf of workers with a few companies in the oil and gas sector and that, given the success of the agreements, the union eventually gained recognition. The Government also indicates that the above-mentioned revised draft policy paper for the amendment of the IRA, submitted to Cabinet in May 2021, aims at ensuring that employers and workers can function effectively in the industrial relations system. The Committee observes, however, that the Government does not indicate that the revised draft policy paper for the amendment of the IRA proposes any amendments to section 34. Noting that the review of the IRA is still under way, the Committee expects that the Government will take the necessary measures to ensure that this provision is amended so that, if no union in a specific negotiating unit meets the required threshold of representativeness to be able to negotiate on behalf of all workers, minority trade unions are able to negotiate, jointly or separately, at least on behalf of their own members. The Committee requests the Government to indicate any progress made in this respect.

Articles 4 and 6 of the Convention. Representativeness for the purposes of collective bargaining in the public sector. For several years the Committee has been referring to the need to amend section 24(3) of the Civil Service Act (CSA), which affords a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the civil service. The Committee notes the Government’s indication that the amendment of the CSA would require significant consultation with relevant stakeholders. Recalling that decisions concerning the most representative organization should be made by virtue of objective and pre-established criteria so as to avoid any opportunities for partiality or abuse, the Committee expresses its firm expectation that the necessary measures will be taken so that section 24(3) of the CSA is modified accordingly. The Committee requests the Government to indicate any developments in this regard.

Application of the Convention in practice. The Committee requests the Government to provide statistics as to the number of collective agreements concluded, specifying the sectors concerned, their level and scope, as well as the number of enterprises and workers covered.