Barbados - 2012

Population: 273,000
Capital: Bridgetown

reported violations - 2012

Murders: none reported
Attempted Murders: none reported
Threats: none reported
Injuries: none reported
Arrests: none reported
Imprisonments: none reported
Dismissals: none reported
Documented violations - actual number of cases may be higher

Trade union rights in law

Despite some initial guarantees, trade union rights are not sufficiently secured in law. While the law secures the right to form unions except for members of the armed forces, employers have no legal obligation to recognise unions. Anti-union activities are not prohibited, and although workers who are wrongfully dismissed can apply to the courts, this right is very limited since judges generally award compensation instead of reinstatement. Furthermore, despite having ratified ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
Convention 98, the right to 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
is not explicitly recognised. Since 1993, a set of protocols has provided for increases in wages, and the fifth Prices and Incomes Protocol was signed by government, the private sector and union representatives in 2005.

In practice

Right to organise remains weak: Employers refuse to recognise unions in some instances, being under no legal obligation to do so. The Barbados Workers’ Union (BWU), affiliated to the ITUC, has called on the government to make the 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. of unions obligatory, provided that the requirements are met in terms of representativeness.
Government neither supports nor guarantees collective bargaining: Given the absence of any legal requirements, 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
is only practised where there is good will between the parties or a tradition of such negotiations. The national legislation only permits the representation of employees in 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
if over 50% of the staff is unionised. Despite recognising unions, employers often refuse to negotiate collective agreements with them.
Anti-union discrimination: There are no laws prohibiting anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

, which facilitates anti-union practices. As a result, workers dismissed for union activities are rarely able to secure reinstatement and only receive compensation if they obtain a court ruling in their favour. According to the BWU (Barbados Workers’ Union), a law should be passed to make it a punishable offence for employers to deny the right to associate freely.
Precarious employment hampers unionisation and negotiation in domestic work sector: Domestic work in Barbados is precarious, with very low wages that do not correspond to the minimum wage and very limited if any access to social security, as well as unprotected labour rights and conditions. This situation hinders any exercise of the right to organise 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
. Even where unions are present, 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
remains virtually impossible owing to the legislative constraints in place.
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