Trinidad and Tobago - 2011

Population: 1,400,000
Capital: Port-of-Spain

reported violations - 2011

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

Background

Prime Minister Patrick Manning dissolved parliament in April and called early elections for 24 May. Manning’s People’s National Movement (PNM) faced a coalition of the United National Congress (UNC), el Congress of the People Party (COP) at the ballot box, together with several smaller parties. The coalition won the elections with 29 seats compared to the PNM’s 12. Kamla Persad-Bissessar took over from Manning, becoming the first women Prime Minister in the history of the country. Unemployment is at about 6.7%. The government announced that it had begun to work on a Decent Work Policy and Plan of Action.

Trade union rights in law

Although basic trade union rights are guaranteed, a number of excessive restrictions apply. The 1972 Industrial Relations industrial relations The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.

See social dialogue
Act allows workers to form or join unions of their own choosing. 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 also guaranteed, but the law only provides for mandatory 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 a trade union when it represents 51% or more of the workers in a specified bargaining unit bargaining unit A group of workers within a particular company, establishment, industry or occupation that constitutes an appropriate unit for the purpose of collective bargaining.

See bargaining agent
. Furthermore, all collective agreements must be for a maximum of five years and a minimum of three years, which makes it almost impossible for workers on short-term contracts to be covered by such agreements. While the right to 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
is recognised – except for members of the teaching service and employees of the Central Bank – it is coupled with many restrictions. Strikes can be prohibited where the government considers that the national interest is threatened, or at the request of one party provided that the 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
is not declared by a majority union. Also, lawful strikes can only be called over unresolved “interest” disputes, i.e. concerning the formulation of terms and conditions of employment. All strikes are banned in “essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
”, the list of which exceeds the 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
definition by including, for example, the public school bus service.

In practice

Right to organise limited in scope: Although the law states that workers can form and join trade unions, in practice everyone working in so-called “essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
”, which include domestic workers, drivers, gardeners and others, are not recognised as workers and so cannot legally join unions. It is estimated that just 20% of the workforce are union members. The problems with obtaining union 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. continued owing to the slow handling of cases by the state.
The effect of strike restrictions on workers: Despite the many formalities and restrictions on the right to 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
, a number of unions did call work stoppages in several sectors, as they have done for the last few years. In some cases the State intervened to stop the 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
, penalising the workers involved.
Collective bargaining hampered: Many unions had their 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
blocked by employers’ delaying tactics. The state, too, repeatedly refused to negotiate collective agreements with public sector unions.
Government unwilling to reform labour legislation: The government still refused to reform the law on essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
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
to bring it into line with 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
minimum standards.
© ITUC-CSI-IGB 2010 | www.ituc-csi.org | Contact Design by Pixeleyes.be