Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Trinidad and Tobago (RATIFICATION: 1963)

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Articles 2, 3 and 4 of the Convention. Trade Unions Acts (TUA). In its previous comments the Committee had requested the Government to take the necessary measures to amend sections 10 and 18(1)(d) of the TUA, relating to trade union registration and cancelation thereof, as well as sections 16(4) and 33 of the TUA, concerning financial supervision of trade unions and the administration of their funds so as to bring these sections into full conformity with the Convention. The Committee notes the Government’s indication that, following stakeholder consultations and tripartite meetings held in 2019 and after disruptions in the operations of the Ministry of Labour due to the COVID-19 pandemic, a draft policy paper for the amendment of the TUA was submitted to Cabinet in June 2021. The Government indicates that the International Trade Union Confederation’s comments as well as this Committee’s comments were utilized to develop the said paper, which aims at giving effect to the Convention. Noting that no developments appear to have taken place since the draft policy paper was submitted to Cabinet in June 2021, the Committee strongly encourages the Government to take the necessary steps so that the TUA is amended without further delay and requests it to provide a copy of the legislation once adopted.

Article 3. Right of organizations to organize their activities freely and to formulate their programmes. Industrial Relations Act (IRA). In its previous comments, the Committee had requested the Government to take the necessary measures to amend sections 59(4)(a), 61(d), 65, 67 and 69 of the IRA concerning the majority required for a strike, recourse to the courts to end a strike, and the prohibition of industrial action so as to bring these sections into full conformity with the Convention. The Committee takes note of the Government’s indication that the draft policy paper for the amendment of the IRA submitted to Cabinet in January 2017 was later revised to incorporate the recommendations of the National Tripartite Advisory Council and re-submitted to Cabinet for its consideration in May 2021. Regretting that no developments appear to have taken place since then, the Committee urges the Government to take the necessary steps so that the IRA is amended without any further delay and requests it to provide a copy of the legislation once adopted.

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2019, relating to the issues raised by the Committee below.

Articles 2, 3 and 4 of the Convention. Trade Unions Acts (TUA). In its previous comments, the Committee requested the Government to take the necessary measures to amend the following provisions of the TUA so as to bring it into full conformity with the Convention: (i) section 10 that requires unions to register, subjects the registration to the permission of the Registrar and provides that in the event of failure to register, the officers or an unregistered trade union are liable to a fine of 40 dollars for every day for which the union remains unregistered; (ii) section 16(4) that allows the Registrar to order an inspection of the books, accounts, securities, funds and documents of the trade union; section 18(1)(d) that enables the Registrar to withdraw or cancel the certificate of registration on certain grounds; and (iv) section 33 that limits the rights of unions to administer their funds in relation to political activities. The Committee notes the Government’s indication that it is currently undertaking a legislative reform project aimed at reviewing and amending the TUA among other pieces of legislation. To that end, the Government is engaging with various stakeholders, including through the National Tripartite Stakeholder Consultation. It adds that the comments of the Committee, as well as of the ITUC, are being reflected in a National Policy Position Paper for the Amendment of the TUA, which will then form the basis of discussions through the National Tripartite Stakeholder Consultation on the TUA. Any additional comments and suggestions emanating from the consultative process will be used to finalize the National Policy accordingly. The finalized National Policy will be submitted to the Cabinet and will be the basis for the formulation of the draft legislation to amend the TUA. The Committee takes note of these developments and trusts that the TUA will be amended in the near future and requests the Government to provide a copy thereof once adopted.

Article 3. Right of organizations to organize their activities freely and to formulate their programmes. In its previous comments, the Committee expressed the hope that the amendment of the Industrial Relations Act (IRA) will address its comments related to sections 59(4)(a) concerning the majority required for a strike; 61(d) and 65 concerning recourse to the courts by either party or by the Ministry of Labour to end a strike; and 67 and 69 concerning services in which industrial action may be prohibited. The Committee notes the Government’s indication that a Draft Policy Paper for the Amendment of the IRA was submitted to Cabinet in January 2017 as well as to the National Tripartite Advisory Council (NTAC). The Committee regrets the lack of progress in amending the IRA. The Committee firmly expects that the IRA will be amended without further delay and requests the Government to provide information on all developments in this regard.

The Committee also requested the Government to clarify how the categories of workers excluded from the scope of the IRA pursuant to section 2(3) (members of the teaching service or employed in a teaching capacity by a university or other institution of higher learning, apprentices, domestic workers, and persons in enterprises with policy and other managerial responsibilities) enjoyed the rights under Article 3 of the Convention. The Committee notes the Government’s indication that all citizens enjoy the right to freedom of association by virtue of section 4(j) of the Constitution. It also indicates that intrinsic to this right is the freedom of all citizens to form and join trade unions and organize their trade union activities accordingly and that there is nothing in the Constitution, the TUA, or any other law that prevents any person (including those excluded from the definition of workers by virtue of section 2(3) of the IRA) from enjoying their rights under Article 3 of the Convention. The Government refers to the following examples of trade unions that represent teachers in the country: the Trinidad and Tobago Unified Teacher’s Association, which represents approximately 11,000 active teachers and 3,000 retired teachers, has its own rules, drawn up by its members, and holds regular elections; and the West Indies Group of University Teachers, which is recognized by the University of the West Indies as the exclusive bargaining agent for the academic, senior administrative and professional staff.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 31 August 2016. The Committee also notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature. The Committee further notes the response of the Government to the ITUC’s observations.

Articles 2 to 4 of the Convention. Trade Unions Act. The Committee notes that the ITUC alleges that a number of the provisions of the Trade Unions Act (TUA) unduly restrict trade union rights under the Convention. The Committee further notes that the Government indicates that it intends to review the TUA and that during the legislative reform project the comments of the ITUC will be considered as part of the review process. In this respect, the Committee observes that the following sections of the TUA raise issues of compatibility with the Convention: (i) section 10 requires unions to register, subjects the registration to the permission of the Registrar and provides that in the event of failure to register the officers or an unregistered trade union are liable to a fine of 40 dollars for every day for which the union remains unregistered (the Committee recalls that the right to establish organizations without previous authorization entails that the authorities should not have discretionary power to refuse the establishment of an organization and that the exercise of legitimate trade union activities should not be dependent upon registration); (ii) section 16(4) allows the Registrar to order an inspection of the books, accounts, securities, funds and documents of the trade union (the Committee recalls that financial supervision of unions should be limited to the obligation of submitting annual financial reports and verifications should be carried out only when there are serious grounds for believing that the actions of a union are contrary to its rules or the law, or when a significant number of workers request such verification by raising a complaint or in relation to allegations of embezzlement); (iii) section 18(1)(d) enables the Registrar to withdraw or cancel the certificate of registration on certain grounds (the Committee notes that under the Convention unions shall not liable to be dissolved or suspended by the administrative authority, and that the possibility under section 18(1)(e) to appeal such decisions by the Registrar should have the effect of a stay of execution); and (iv) section 33 limits the right of unions to administer their funds in relation to political activities (unduly restricting the possibilities of unions to legitimately engage on matters of economic or social policy affecting their members or workers in general). The Committee requests the Government to take the necessary measures to amend the abovementioned provisions and to bring the TUA and its application into full conformity with the Convention. Recalling that the Government may avail itself of the technical assistance of the Office, the Committee requests the Government to provide information on any development concerning the review and amendment of the TUA.

Article 3. Right of organizations to organize their activities freely and to formulate their programmes. In its previous comments, the Committee has been referring for a number of years to the need to amend or repeal the following sections of the Industrial Relations Act (IRA): (i) section 59(4)(a) concerning the majority required for calling a strike; (ii) sections 61(d) and 65 concerning recourse to the courts by either party or by the Ministry of Labour to end a strike; and (iii) section 67 (in conjunction with the second schedule) and section 69 concerning services in which industrial action may be prohibited. Furthermore, the Committee observes that section 2(3) of the IRA excludes from its scope of application the following categories of workers: members of the teaching service or employed in a teaching capacity by a university or other institution of higher learning, apprentices, domestic workers, and persons in enterprises with policy and other managerial responsibilities (all of which should enjoy the guarantees set out in the Convention, be it through the IRA or other applicable legislation). The Committee notes that the Government indicates that the Industrial Relations (Amendment Bill) 2015 was introduced in the House of Representatives on 1 May 2015 but that, after two readings, the Bill lapsed in June 2015 due to the end of the parliamentary term. The Government notes that a new parliamentary term commenced on 23 September 2015 and that it is anticipated that action will be taken in respect for the amendment of the IRA in due course. The Committee firmly hopes that the amendment of the IRA will address its comments related to sections 59(4)(a), 61(d), 65, 67 and 69. The Committee further requests the Government to clarify how the abovementioned categories of workers excluded from the scope of the IRA under section 2(3) enjoy the rights under Article 3 of the Convention. Recalling that the Government may avail itself of the technical assistance of the Office, the Committee requests the Government to indicate any progress made in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 31 August 2016. The Committee also notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature. The Committee further notes the response of the Government to the ITUC’s observations.

Articles 2 to 4 of the Convention. Trade Unions Act. The Committee notes that the ITUC alleges that a number of the provisions of the Trade Unions Act (TUA) unduly restrict trade union rights under the Convention. The Committee further notes that the Government indicates that it intends to review the TUA and that during the legislative reform project the comments of the ITUC will be considered as part of the review process. In this respect, the Committee observes that the following sections of the TUA raise issues of compatibility with the Convention: (i) section 10 requires unions to register, subjects the registration to the permission of the Registrar and provides that in the event of failure to register the officers or an unregistered trade union are liable to a fine of 40 dollars for every day for which the union remains unregistered (the Committee recalls that the right to establish organizations without previous authorization entails that the authorities should not have discretionary power to refuse the establishment of an organization and that the exercise of legitimate trade union activities should not be dependent upon registration); (ii) section 16(4) allows the Registrar to order an inspection of the books, accounts, securities, funds and documents of the trade union (the Committee recalls that financial supervision of unions should be limited to the obligation of submitting annual financial reports and verifications should be carried out only when there are serious grounds for believing that the actions of a union are contrary to its rules or the law, or when a significant number of workers request such verification by raising a complaint or in relation to allegations of embezzlement); (iii) section 18(1)(d) enables the Registrar to withdraw or cancel the certificate of registration on certain grounds (the Committee notes that under the Convention unions shall not liable to be dissolved or suspended by the administrative authority, and that the possibility under section 18(1)(e) to appeal such decisions by the Registrar should have the effect of a stay of execution); and (iv) section 33 limits the right of unions to administer their funds in relation to political activities (unduly restricting the possibilities of unions to legitimately engage on matters of economic or social policy affecting their members or workers in general). The Committee requests the Government to take the necessary measures to amend the abovementioned provisions and to bring the TUA and its application into full conformity with the Convention. Recalling that the Government may avail itself of the technical assistance of the Office, the Committee requests the Government to provide information on any development concerning the review and amendment of the TUA.

Article 3. Right of organizations to organize their activities freely and to formulate their programmes. In its previous comments, the Committee has been referring for a number of years to the need to amend or repeal the following sections of the Industrial Relations Act (IRA): (i) section 59(4)(a) concerning the majority required for calling a strike; (ii) sections 61(d) and 65 concerning recourse to the courts by either party or by the Ministry of Labour to end a strike; and (iii) section 67 (in conjunction with the second schedule) and section 69 concerning services in which industrial action may be prohibited. Furthermore, the Committee observes that section 2(3) of the IRA excludes from its scope of application the following categories of workers: members of the teaching service or employed in a teaching capacity by a university or other institution of higher learning, apprentices, domestic workers, and persons in enterprises with policy and other managerial responsibilities (all of which should enjoy the guarantees set out in the Convention, be it through the IRA or other applicable legislation). The Committee notes that the Government indicates that the Industrial Relations (Amendment Bill) 2015 was introduced in the House of Representatives on 1 May 2015 but that, after two readings, the Bill lapsed in June 2015 due to the end of the parliamentary term. The Government notes that a new parliamentary term commenced on 23 September 2015 and that it is anticipated that action will be taken in respect for the amendment of the IRA in due course. The Committee firmly hopes that the amendment of the IRA will address its comments related to sections 59(4)(a), 61(d), 65, 67 and 69. The Committee further requests the Government to clarify how the abovementioned categories of workers excluded from the scope of the IRA under section 2(3) enjoy the rights under Article 3 of the Convention. Recalling that the Government may avail itself of the technical assistance of the Office, the Committee requests the Government to indicate any progress made in this respect.

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The Committee notes the observations of the International Trade Union Confederation (ITUC) on 31 August 2014 and 1 September 2015 on matters related to the application of the Convention. The Committee requests the Government to provide its comments in this respect.

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015.

The Committee also notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Article 3 of the Convention. Right of organizations to organize their activities freely and to formulate their programmes. In its previous comments, the Committee has been referring for a number of years to the need to amend or repeal the following sections of the Industrial Relations Act (IRA): (1) section 59(4)(a) concerning the majority required for calling a strike; (2) sections 61(d) and 65 concerning recourse to the courts by either party or by the Ministry of Labour to end a strike; and (3) section 67 (in conjunction with the second schedule) and section 69 concerning services in which industrial action may be prohibited.

The Committee notes that the Government indicates in its report that: (1) the Industrial Relations Advisory Committee was established in February 2012, with the mandate, as stated in section 81 of the IRA, to keep this Act under review; (2) it has already commenced its review of the IRA with a view to making proposals to the minister for its development and reform, including in particular the modification of any of the provisions thereof; and (3) while noting that it can avail itself of the technical assistance of the ILO, the Government proposes to do so as work of the Industrial Relations Advisory Committee proceeds and should the need arise. The Committee takes note of these indications and hopes that concrete measures will be taken in the near future to amend or repeal the abovementioned sections of the IRA. The Committee requests the Government to indicate in its next report any progress made in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 3 of the Convention. Right of organizations to organize their activities freely and to formulate their programmes. In its previous comments, the Committee has been referring for a number of years to the need to amend or repeal the following sections of the Industrial Relations Act (IRA): (1) section 59(4)(a) concerning the majority required for calling a strike; (2) sections 61(d) and 65 concerning recourse to the courts by either party or by the Ministry of Labour to end a strike; and (3) section 67 (in conjunction with the second schedule) and section 69 concerning services in which industrial action may be prohibited.

The Committee notes that the Government indicates in its report that: (1) the Industrial Relations Advisory Committee was established in February 2012, with the mandate, as stated in section 81 of the IRA, to keep this Act under review; (2) it has already commenced its review of the IRA with a view to making proposals to the minister for its development and reform, including in particular the modification of any of the provisions thereof; and (3) while noting that it can avail itself of the technical assistance of the ILO, the Government proposes to do so as work of the Industrial Relations Advisory Committee proceeds and should the need arise. The Committee takes note of these indications and hopes that concrete measures will be taken in the near future to amend or repeal the abovementioned sections of the IRA. The Committee requests the Government to indicate in its next report any progress made in this respect.

Finally, the Committee notes the comments from the International Trade Union Confederation (ITUC) dated 31 July 2012 which refer to issues already raised by the Committee. It also notes the Government’s reply to the comments made by the ITUC in 2008 and 2010, in particular that the alleged denial of the right of domestic workers to legally join trade unions is not accurate, and that the National Union of Domestic Employees was part of the tripartite delegation of Trinidad and Tobago and an active participant in the discussion of the Domestic Workers Convention, 2011 (No. 189), and Recommendation, 2011 (No. 201).

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The Committee has been referring for a number of years to the need to amend various sections of the Industrial Relations Act (IRA), as amended, so as to: (i) enable a simple majority of the workers in a bargaining unit (excluding those workers not taking part in the vote) to call a strike (section 59(4)(a)); (ii) ensure that any recourse to the courts by the Ministry of Labour, or by one party only, to end a strike is limited to cases of strikes in essential services in the strict sense of the term (sections 61 and 65); (iii) ensure that prohibition of industrial action in essential services is limited to cases of strikes in essential services in the strict sense of the term (section 67); and (iv) repeal the prohibition of industrial action, under penalty of 18 months’ imprisonment, for the teaching service and employees of the Central Bank (section 69).

The Committee had noted that the Government had indicated that the Ministry of Labour and Small and Micro-Enterprise Development has engaged in an exercise of strategic planning to achieve the goals of the country’s “Developmental plan, vision 2020” which recognizes that decent work is central for the social and economic development of the country. In this regard, matters related to freedom of association and the right of workers to organize are accorded high priority. Diverse mechanisms and measures to promote and protect the freedom of association and the right to organize have been adopted, in particular: (i) integration of labour issues in policies and programmes at national, sectoral, enterprise and industry levels; (ii) review of labour legislation; and (iii) effective dialogue with social partners. With respect to the amendment of the IRA, the Government further indicated that the Standing Tripartite Committee on Labour Matters, which consults and advises on proposed labour legislation, has not been reconstituted since its term expired in December 2006. The Committee notes that the Government indicates in its report that from and since the last report, there have not been any amendments to the IRA. However, the IRA has been included in the Ministry of Labour and Small and Micro Enterprise Development’s Legislative Review Programme for the period 2010–11 and it is anticipated that amendments to the sections listed by the Committee will be addressed within this programme.

In these circumstances, the Committee hopes that concrete measures will be taken in the near future to amend the legislation so as to bring it into conformity with the Convention. The Committee expects the Government to communicate progress on these issues in its next report and recalls that it can avail itself of the technical assistance of the Office.

ITUC’s comments. The Committee notes the comments from the International Trade Union Confederation (ITUC) dated 24 August 2010 which refer to issues already raised by the Committee, as well as: (i) acts of repression against demonstrators and the detention of a trade union leader; and (ii) the exclusion of the right to legally join trade unions to certain categories of workers under the law (e.g. domestic workers, drivers, gardeners). The Committee requests the Government to provide its observation thereon as well as on the comments submitted by ITUC in 2008.

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The Committee notes the comments from the Employers’ Consultative Association of Trinidad and Tobago (ECA). It further notes the comments of the International Trade Union Confederation (ITUC) dated 29 August 2008, which are currently being translated.

The Committee has been referring for a number of years to the need to amend various sections of the Industrial Relations Act, as amended, so as to: (1) enable a simple majority of the workers in a bargaining unit (excluding those workers not taking part in the vote) to call a strike (section 59(4)(a)); (2) ensure that any recourse to the courts by the Ministry of Labour, or by one party only, to end a strike is limited to cases of strikes in essential services in the strict sense of the term (sections 61 and 65); (3) ensure that prohibition of industrial action in essential services is limited to cases of strikes in essential services in the strict sense of the term (section 67); and (4) repeal the prohibition of industrial action, under penalty of 18 months’ imprisonment, for the teaching service and employees of the Central Bank (section 69).

The Committee notes that the Government indicates in its report that the Ministry of Labour and Small and Micro Enterprise Development has engaged in an exercise of strategic planning to achieve the goals of the country’s “developmental plan, vision 2020” which recognizes that decent work is central for the social and economic development of the country. In this regard, matters related to freedom of association and the right of workers to organize are accorded high priority. Diverse mechanisms and measures to promote and protect the freedom of association and the right to organize have been adopted, in particular: (1) integration of labour issues in policies and programmes at national, sectoral, enterprise and industry levels; (2) review of labour legislation and (3) effective social dialogue with social partners. With respect to the amendment of the Industrial Relations Act, the Government further indicates that the Standing Tripartite Committee on Labour Matters, which consults and advises on proposed labour legislation, has not been reconstituted since its term expired in December 2006.

The Committee expresses the hope that concrete measures will be taken in the near future to amend the legislation so as to bring it into conformity with the Convention. The Committee expects the Government to communicate progress on these issues in its next report and recalls that it can avail itself of the technical assistance of the Office.

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The Committee notes the Government’s report. The Committee has been referring for a number of years to the need to amend various sections of the Industrial Relations Act, as amended, so as to: (1) enable a simple majority of the workers in a bargaining unit (excluding those workers not taking part in the vote) to call a strike (section 59(4)(a)); (2) ensure that any recourse to the courts by the Ministry of Labour or by one party only to end a strike is limited to cases of strikes in essential services in the strict sense of the term (sections 61 and 65); (3) ensure that prohibition of industrial action in essential services is limited to cases of strike in essential services in the strict sense of the term (section 67); and (4) repeal the prohibition of industrial action, under penalty of 18 months’ imprisonment, for the teaching service and employees of the Central Bank (section 69).

The Committee notes that the Government has sought the views of the social partners on its observations through a tripartite committee established in 1996 to give effect to ILO Convention No. 144. It notes that the parties have: (1) agreed that a legal assessment of the implications of amending section 59(4)(a) of the Act was required for a position to be taken; (2) concurred with the Committee’s view as regards sections 61 and 65; (3) agreed that the public school bus service should be excluded from the list of essential services (the workers’ group did not consider any of the services listed in the second schedule of the Act as essential services in the strict sense of the term); and (4) diverged as regards section 69 (the workers’ representative supported the amendment of that section whereas the Government and employers’ representatives wanted further information on the practice in other countries, in particular those of the Caribbean Community (CARICOM)). The Committee also notes that the social partners have agreed to refer further consideration of amendment to the Industrial Relations Act to the Standing Tripartite Committee on Labour Matters which will be required to examine the request of the Committee to amend the various sections of the Act. However, this Standing Tripartite Committee is to be reconstituted given the expiration of its term on December 2006.

The Committee expresses the hope that concrete measures will be taken in the near future to amend the legislation so as to bring it into conformity with the Convention. The Committee requests the Government to indicate in its next report any progress made in this respect.

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The Committee notes that the Government has not provided its report.

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) dated 10 August 2006, relating to pending legislative issues that are already under examination.

The Committee also recalls that it has been requesting the Government for several years to take measures to:

–      amend section 59(4)(a) of the Industrial Relations Act, as amended, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike. The Committee is bound to recall that the requirement for the exercise of the right to strike to be subject to prior approval by a certain percentage of workers is not in itself incompatible with the Convention; on the other hand, legislative provisions which require a vote by workers before a strike can be held should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see 1994 General Survey on freedom of association and collective bargaining, paragraph 170);

–      amend sections 61 and 65 of the same Act to ensure that any recourse to the courts by the Ministry of Labour or by one party only to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis or in relation to public servants exercising authority in the name of the State;

–      amend section 67 of the Act to ensure that the prohibition of industrial action in essential services is limited to cases of strikes in essential services in the strict sense of the term (in particular, the Committee noted the inclusion in the list of essential services in schedule 2 of a public school bus service, which cannot be considered to be essential in the strict sense of the term); and

–      repeal the restrictions under section 69 prohibiting the teaching service and employees of the Central Bank from taking industrial action, under penalty of 18 months’ imprisonment, in the case that such restrictions are still in force.

Recalling that the right to strike is an intrinsic corollary of the right of association protected by the Convention, the Committee once again urges the Government to take the necessary measures to amend the legislation so as to bring it into conformity with the provisions of the Convention. The Committee requests the Government to indicate in its next report any measure adopted in this respect.

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The Committee takes note of the Government’s report. It also notes the comments from the Employers’ Consultative Association (ECA) of Trinidad and Tobago dated 12 August 2005, which refer to matters already raised by the Committee in its previous observations.

For several years now, the Committee has been requesting the Government to take steps to:

–      amend section 59(4)(a) of the Industrial Relations Act, as amended, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike. The Committee cannot but recall that the requirement that the exercise of the right to strike be subjected to prior approval by a certain percentage of workers is not in itself incompatible with the Convention; on the other hand, legislative provisions which require a vote by workers before a strike can be held should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see General Survey on freedom of association and collective bargaining, 1994, paragraph 170);

–      amend sections 61 and 65 of the same Act to ensure that any resort to the Court by the Ministry of Labour or by one party only to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis or in relation to public servants exercising authority in the name of the State;

–      amend section 67 of the Act to ensure that the prohibition of industrial action in essential services is limited to cases of strikes in essential services in the strict sense of the term (in particular the Committee had noted that the inclusion in schedule 2 of a public school bus service in the list of essential services could not be considered to be essential in the strict sense of the term); and

–      repeal the restrictions under section 69 prohibiting the teaching service and employees of the Central Bank from taking industrial action, under penalty of 18 months’ imprisonment, in the case that such restrictions were still in force.

The Committee notes with regret that the Government indicates in its report that it has no immediate plans to amend the above sections of the Industrial Relations Act nor does it see any compelling reasons to justify the amendments of the Industrial Relations Act. The Government is of the opinion that an amendment of section 59(4)(a) would increase the occurrence of industrial action and make virtually unmanageable the industrial relations system and that it would be a challenge to good order and civility. The provision as it stands encourages responsible trade union behaviour and the proper conduct and management of industrial relations in a developing society. The Government further indicates that it does not see the virtue in amendments to sections 61, 65 and 67, as they have not in practice impeded freedom of association and that it does not see any reason to amend section 69 at this time either.

Recalling that the right to strike is an intrinsic corollary to the right of association protected by the Convention, the Committee urges the Government to take the necessary measures to amend the legislation so as to bring it into conformity with the provisions of the Convention. As such, it asks the Government to indicate the progress made in this respect in its next report.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee recalls that its previous comments referred to the need to amend sections 59(4)(a), 61, 65 and 67 of the Industrial Relations Act, 1972, as amended, which can be applied to prohibit a strike which has not been declared by a majority union, or at the request of one party, or in services which are not essential in the strict sense of the term (in particular, the public school bus service), or when the Minister considers that the national interest is threatened, under penalty of six months’ imprisonment.

The Committee further noted that section 69 prohibited the teaching service and employees of the Central Bank from taking industrial action, under penalty of 18 months’ imprisonment, and requested the Government to indicate whether these restrictions were still in force and, if so, to take the necessary measures to repeal them so that teachers and bank employees were not prohibited from undertaking industrial action.

The Committee had suggested that the Government might give consideration to establishing a system of minimum service in services which are of public utility rather than imposing an outright ban on strikes.

Recalling that the right to strike is an intrinsic corollary to the right of association protected by the Convention (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 179), the Committee hopes that the Government will make every effort to take the necessary action in the very near future in respect of the abovementioned points, and requests the Government to indicate the progress made in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the information contained in the Government’s report. It notes, in particular, that the Government continues to refer to the fact that a local committee, established to review the provisions of the Industrial Relations Act upon which the Committee has been commenting for many years now, has found these provisions consistent with the cultural and legislative environment of the country.

In this respect, the Committee recalls that its previous comments referred to the need to amend sections 59(4)(a), 61, 65 and 67 of the Industrial Relations Act, 1972, as amended, which can be applied to prohibit a strike which has not been declared by a majority union, or at the request of one party, or in services which are not essential in the strict sense of the term (in particular, the public school bus service), or when the Minister considers that the national interest is threatened, under penalty of six months’ imprisonment.

The Committee further noted that section 69 prohibited the teaching service and employees of the Central Bank from taking industrial action, under penalty of 18 months’ imprisonment, and requested the Government to indicate whether these restrictions were still in force and, if so, to take the necessary measures to repeal them so that teachers and bank employees were not prohibited from undertaking industrial action.

The Committee had suggested that the Government might give consideration to establishing a system of minimum service in services which are of public utility rather than imposing an outright ban on strikes.

Recalling that the right to strike is an intrinsic corollary to the right of association protected by the Convention (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 179), the Committee hopes that the Government will make every effort to take the necessary action in the very near future in respect of the abovementioned points, and requests the Government to indicate the progress made in its next report.

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The Committee notes that the Government’s report has not been received. It must repeat its previous observation which read as follows:

In its previous comments, the Committee recalled the need to amend sections 59(4)(a), 61, 65 and 67 of the Industrial Relations Act, 1972, as amended, which can be applied to prohibit a strike which has not been declared by a majority union, or at the request of one party, or in services which are not essential in the strict sense of the term, or when the Minister considers that the national interest is threatened, under penalty of six months’ imprisonment.

The Committee had noted from the Government’s latest report that the Tripartite Committee established to review the Industrial Relations Act had reviewed these sections and had agreed that these provisions were in keeping with the cultural and legislative environment of the country and were, therefore, in no way objectionable to the parties in the collective bargaining process. The Tripartite Committee did not view these provisions as a deterrent to the Government’s conformity with Convention No. 87.

As concerns the prohibition under section 67 of industrial action in essential services, the Committee notes the inclusion of sanitation services and a public school bus service in the list of essential services in schedule 2 and considers that such services cannot be considered to be essential in the strict sense of the term. In this respect, the Committee draws the Government’s attention to paragraph 160 of its 1994 General Survey on freedom of association and collective bargaining wherein it states that, in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, the authorities could establish a system of minimum service in other services which are of public utility rather than impose an outright ban on strikes, which would be limited to essential services in the strict sense of the term. Noting further that section 69 appears to prohibit the teaching service and employees of the Central Bank from taking industrial action, under penalty of 18 months’ imprisonment, the Committee requests the Government to indicate whether these restrictions are still in force and, if so, to take the necessary measures to repeal them so that teachers and bank employees are not prohibited from undertaking industrial action.

As concerns the Minister’s power under section 61 to refer a dispute to the Court and, under section 65, in cases where the national interest is threatened or affected, the Committee considers that such powers should be limited to essential services in the strict sense of the term, as indicated above, to public servants exercising authority in the name of the State and to cases of acute national crisis.

As concerns the possibility of prohibiting a strike which has not been declared by a majority union (section 59(4)(a)), the Committee recalls that the requirement that the exercise of the right to strike be subjected to prior approval by a certain percentage of workers is not in itself incompatible with the Convention. On the other hand, legislative provisions which require a vote by workers before a strike can be held should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see 1994 General Survey, op. cit., paragraph 170). The Committee considers that the prohibition of strike action by non-majority unions could result in the restriction of the right to strike even where a simple majority of the workers in the bargaining unit, excluding those workers not taking part in the vote, have voted in favour of the strike.

In light of the above, the Committee once again urges the Government to take the necessary measures to bring the legislation into conformity with the Convention and requests the Government to indicate the progress made in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes the information provided in the Government’s report.

In its previous comments, the Committee recalled the need to amend sections 59(4)(a), 61, 65 and 67 of the Industrial Relations Act, 1972, as amended, which can be applied to prohibit a strike which has not been declared by a majority union, or at the request of one party, or in services which are not essential in the strict sense of the term, or when the Minister considers that the national interest is threatened, under penalty of six months’ imprisonment.

The Committee notes from the Government’s latest report that the Tripartite Committee established to review the Industrial Relations Act has reviewed these sections and has agreed that these provisions are in keeping with the cultural and legislative environment of the country and are, therefore, in no way objectionable to the parties in the collective bargaining process. The Tripartite Committee does not view these provisions as a deterrent to the Government’s conformity with Convention No. 87.

As concerns the prohibition under section 67 of industrial action in essential services, the Committee notes the inclusion of sanitation services and a public school bus service in the list of essential services in schedule 2 and considers that such services cannot be considered to be essential in the strict sense of the term. In this respect, the Committee draws the Government’s attention to paragraph 160 of its 1994 General Survey on freedom of association and collective bargaining wherein it states that, in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, the authorities could establish a system of minimum service in other services which are of public utility rather than impose an outright ban on strikes, which would be limited to essential services in the strict sense of the term. Noting further that section 69 appears to prohibit the teaching service and employees of the Central Bank from taking industrial action, under penalty of 18 months’ imprisonment, the Committee requests the Government to indicate whether these restrictions are still in force and, if so, to take the necessary measures to repeal them so that teachers and bank employees are not prohibited from undertaking industrial action.

As concerns the Minister’s power under section 61 to refer a dispute to the Court and, under section 65, in cases where the national interest is threatened or affected, the Committee considers that such powers should be limited to essential services in the strict sense of the term, as indicated above, to public servants exercising authority in the name of the State and to cases of acute national crisis.

As concerns the possibility of prohibiting a strike which has not been declared by a majority union (section 59(4)(a)), the Committee recalls that the requirement that the exercise of the right to strike be subjected to prior approval by a certain percentage of workers is not in itself incompatible with the Convention. On the other hand, legislative provisions which require a vote by workers before a strike can be held should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see 1994 General Survey, op. cit., paragraph 170). The Committee considers that the prohibition of strike action by non-majority unions could result in the restriction of the right to strike even where a simple majority of the workers in the bargaining unit, excluding those workers not taking part in the vote, have voted in favour of the strike.

In light of the above, the Committee once again urges the Government to take the necessary measures to bring the legislation into conformity with the Convention and requests the Government to indicate the progress made in this respect.

CMNT_TITLE

The Committee notes from the Government's report that the Committee appointed to review the Industrial Relations Act has resumed its activities, and hopes that its comments will be fully taken into account in the review.

The Committee points out the following:

-- the need to amend sections 59(4)(a), 61, 65 and 67 of the Industrial Relations Act, 1972, as amended, which can be applied to prohibit a strike which is not declared by a majority union, or at the request of one party, or in essential services defined too broadly, or when the Minister considers that the national interest is threatened, under penalty of imprisonment, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike; and

-- to ensure that any resort to the courts by the Ministry of Labour or by one party only to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis or in relation to public servants exercising authority in the name of the State.

The Committee had noted the Government's statement in 1993 that a tripartite committee was to review the whole of the Industrial Relations Act, in consultation with the social partners. The Committee once again urges the Government to take the necessary measures to bring the legislation into conformity with the Convention and requests the Government to indicate the progress made in this respect in its next report.

CMNT_TITLE

The Committee notes from the Government's report that there has been no change in the status of the application of this Convention.

The Committee recalls that for many years now it has indicated the need to amend section 59(4)(a) of the Industrial Relations Act so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike and to amend sections 61 and 65 to ensure that any resort to the courts by the Ministry of Labour, or by one party only, to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say, those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis. The Committee trusts that the Government will take the necessary measures in the very near future to amend the Industrial Relations Act so as to bring it into conformity with the Convention and requests the Government to indicate the progress made in this regard in its next report.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

With regard to the need to amend section 59(4)(a) of the Industrial Relations Act, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike, as well as sections 61 and 65 of the same Act, to ensure that any resort to the courts by the Ministry of Labour, or by one party only, to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say, those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis, the Government indicated in its last report that another tripartite committee was appointed to review the whole of the Industrial Relations Act, Chapter 88:01 and that it was still deliberating. The Committee understood from the decisions of the courts that the Ministry of Labour referred various matters to the Industrial Court under section 61(d) of the Industrial Relations Act. It appears that, over the years, the Ministry of Labour has intervened in services which are not essential services in the strict sense of the term and that acute national crisis was not at stake in any case. The Committee therefore requests the Government to provide information in its next report on the progress of the work of the committee appointed to review the Industrial Relations Act and would ask the Government to implement legislation along the lines it has been suggesting for many years.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee takes note of the information supplied by the Government in its report, from which it appears that several drafts have been prepared and that the Fire Service Amendment Bill 1990, the Prison Service Amendment Bill 1990, and the Civil Service (Amendment) Bill 1990 are still under discussion. The Committee had stressed in its previous comments the need to amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (sections 24(3) of the Civil Service Act, 28 of the Fire Service Act and 26 of the Prison Service Act). The Committee asks the Government to give information, in its next report, on any progress in this matter, and to indicate whether the above-mentioned Bills have been promulgated and, if so, to provide copies of the texts. 2. The Committee had also recalled the need to amend section 59(4)(a) of the Industrial Relations Act, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike, as well as sections 61 and 65 of the same Act, to ensure that any resort to the courts by the Ministry of Labour, or by one party only, to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis. The Committee hopes that the Government will make every effort to take the necessary steps in the very near future to bring its legislation into conformity with the principles of freedom of association. It asks the Government to give information in its next report on any measures taken in that matter and on any cases where the Ministry of Labour has had recourse to the courts to end a strike during the reporting period. 3. In its previous comments, the Committee had referred to comments by the Staff Association of the Central Bank in 1990. It had noted that, according to the Government, the Central Bank Act 1964 was being reviewed and that consideration would be given to the establishment of an appropriate mechanism to deal with the grievances of Central Bank employees. The Committee requests the Government to give full details on that question in its next report.

CMNT_TITLE

The Committee takes note of the Government's report.

With regard to the need to amend section 59(4)(a) of the Industrial Relations Act, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike, as well as sections 61 and 65 of the same Act, to ensure that any resort to the courts by the Ministry of Labour, or by one party only, to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis, the Government indicates in its report that another tripartite committee was appointed to review the whole of the Industrial Relations Act, chap. 88:01 and that it is still deliberating.

The Committee understands from the decisions of the courts that were provided by the Government with its report that the Ministry of Labour referred various matters to the Industrial Court under section 61(d) of the Industrial Relations Act. It appears that, over the years, the Ministry of Labour has intervened in services which are not essential services in the strict sense of the term and that acute national crisis was not at stake in any case. The Committee therefore requests the Government to provide information in its next report on the progress of the work of the committee appointed to review the Industrial Relations Act and would ask the Government to implement legislation along the lines it has been suggesting for many years.

CMNT_TITLE

1. The Committee takes note of the information supplied by the Government in its report, from which it appears that several drafts have been prepared and that the Fire Service Amendment Bill 1990, the Prison Service Amendment Bill 1990, and the Civil Service (Amendment) Bill 1990 are still under discussion.

The Committee had stressed in its previous comments the need to amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (sections 24(3) of the Civil Service Act, 28 of the Fire Service Act and 26 of the Prison Service Act).

The Committee asks the Government to give information, in its next report, on any progress in this matter, and to indicate whether the above-mentioned Bills have been promulgated and, if so, to provide copies of the texts.

2. The Committee had also recalled the need to amend section 59(4)(a) of the Industrial Relations Act, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike, as well as sections 61 and 65 of the same Act, to ensure that any resort to the courts by the Ministry of Labour, or by one party only, to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis.

The Committee notes from the Government's report that these questions are still being considered and subject of further study. It notes that the Government has agreed to comprehensively review all the labour legislation, including the Industrial Relations Act, in consultation with the other social partners.

The Committee hopes that the Government will make every effort to take the necessary steps in the very near future to bring its legislation into conformity with the principles of freedom of association. It asks the Government to give information in its next report on any measures taken in that matter and on any cases where the Ministry of Labour has had recourse to the courts to end a strike during the reporting period.

3. In its previous comments, the Committee had referred to comments by the Staff Association of the Central Bank in 1990. It had noted that, according to the Government, the Central Bank Act 1964 was being reviewed and that consideration would be given to the establishment of an appropriate mechanism to deal with the grievances of Central Bank employees. The Committee requests the Government to give full details on that question in its next report.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation, which read as follows:

1. The need to amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (sections 24(3) of the Civil Service Act, 28 of the Fire Service Act and 26 of the Prison Service Act). 2. The need to amend section 59(4)(a) of the Industrial Relations Act, as amended in 1978, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike. 3. The need to amend sections 61 and 65 of the same Act to ensure that any resort to the courts by the Ministry of Labour, or by one party only, to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say, those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis. In its previous report, the Government had indicated that the high-level review committee that it had appointed to undertake a global review of all the Service Acts and regulations had accomplished a considerable amount of work. In particular, the Fire Service (Amendment) Bill, 1990 and the Prison Service (Amendment) Bill, 1990, both of which amend the relevant Service Acts to bring them into line with the observations of the Committee of Experts, had been completed after extensive consultations with the relevant associations, and were to be submitted for the Government's approval. Moreover, a draft Civil Service (Amendment) Bill had been submitted to the Public Services Association, prior to discussions to be held thereon. The Committee had hoped that the Government would be in a position to indicate in its next report whether the above-mentioned Bills had been promulgated and, if so, to provide copies of these amendments. The Government had stated that it was still actively considering the questions of amending sections 59(4)(a) and 65 of the Industrial Relations Act, Chapter 88:01, along the lines suggested by the Committee. It was also studying the comments of the Committee with respect to the amendment made to section 61 of the same Act, by the promulgation of Act No. 5 of 1987. The Committee had strongly hoped that the Government would implement legislation along the lines it had been suggesting for many years and urged the Government once again to indicate in its next report the measures taken to bring its legislation into conformity with the Convention. In addition, in the light of the comments made by the Staff Association of the Central Bank of Trinidad and Tobago in a letter dated 7 November 1990 relating to the insufficient observance of the Convention in this sector, the Government had indicated that in the context of a revision of the Central Bank Act, 1964, which was currently being undertaken by the Government, consideration would be given to the establishment of an appropriate mechanism to deal with the grievances of Central Bank employees. The Committee had requested the Government, in its next report, to keep it informed of any developments in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee takes note of the Government's report and recalls that its previous observations have addressed the following issues:

1. the need to amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (sections 24(3) of the Civil Service Act, 28 of the Fire Service Act and 26 of the Prison Service Act);

2. the need to amend section 59(4)(a) of the Industrial Relations Act, as amended in 1978, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike;

3. the need to amend sections 61 and 65 of the same Act to ensure that any resort to the courts by the Ministry of Labour, or by one party only, to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say, those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis.

In its report, the Government indicates that the high-level review committee that it had appointed to undertake a global review of all the Service Acts and regulations has accomplished a considerable amount of work. In particular, the Fire Service (Amendment) Bill, 1990 and the Prison Service (Amendment) Bill, 1990, both of which amend the relevant Service Acts to bring them into line with the observations of the Committee of Experts, have been completed after extensive consultations with the relevant associations, and are soon to be submitted for the Government's approval. Moreover, a draft Civil Service (Amendment) Bill has been submitted to the Public Services Association, prior to discussions to be held thereon.

The Committee hopes that the Government will be in a position to indicate in its next report whether the above-mentioned Bills have been promulgated and, if so, to provide copies of these amendments.

The Government states that it is still actively considering the questions of amending sections 59(4)(a) and 65 of the Industrial Relations Act, Chapter 88:01, along the lines suggested by the Committee. It is also studying the comments of the Committee with respect to the amendment made to section 61 of the same Act, by the promulgation of Act No. 5 of 1987.

The Committee strongly hopes that the Government will implement legislation along the lines it has been suggesting for many years and urges the Government once again to indicate in its next report the measures taken to bring its legislation into conformity with the Convention.

In addition, in the light of the comments made by the Staff Association of the Central Bank of Trinidad and Tobago in a letter dated 7 November 1990 relating to the insufficient observance of the Convention in this sector, the Government indicates that in the context of a revision of the Central Bank Act, 1964, which is currently being undertaken by the Government, consideration will be given to the establishment of an appropriate mechanism to deal with the grievances of Central Bank employees.

The Committee requests the Government, in its next report, to keep it informed of any developments in this respect.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

For several years now, the Committee has been requesting the Government to take steps to: - amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (sections 24(3) of the Civil Service Act, 28 of the Fire Service Act and 26 of the Prison Service Act); - amend section 59(4)(a) of the Industrial Relations Act, as amended in 1978, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike; - amend sections 61 and 65 of the same Act to ensure that any resort to the Court by the Ministry of Labour or by one party only to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say, those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis The Committee also notes that the Government is still carefully considering the implications of amendments to sections 59(4) and 65 of the Industrial Relations Act, that it has appointed a high-level review committee to undertake a global review of all the Service Acts and regulations and pledged to keep it informed of developments in this matter. The Committee therefore requests the Government to indicate: - the exact terms of reference of the review committee; - whether a timetable and a deadline have been set for the submission of its report; and - whether employers' and workers' organisations will have an opportunity to submit representations to that committee The Committee strongly hopes this latest initiative will be followed in the near future by implementing legislation along the lines it has been suggesting for many years and urges the Government to indicate in its next report the measures taken to bring its legislation into conformity with the Convention.

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In addition, the Committee notes the communication dated 7 November 1990 of the Staff Association of the Central Bank of Trinidad and Tobago relating to the insufficient observance of the Convention in this sector, and requests the Government to supply its comments and observations in this regard.

CMNT_TITLE

For several years now, the Committee has been requesting the Government to take steps to amend its labour legislation to bring it in line with the Convention. Provisions in breach with the Convention have been thoroughly documented in numerous comments of the Committee, as far back as 1969 in some instances. In its 1988 observation, the Committee reiterated the need to:

- amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (sections 24(3) of the Civil Service Act, 28 of the Fire Service Act and 26 of the Prison Service Act);

- amend section 59(4)(a) of the Industrial Relations Act, as amended in 1978, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike;

- amend section 65 of the same Act to ensure that any resort to the Court by the Ministry of Labour to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say, those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis.

The Committee notes the adoption in 1987 of an amendment to section 61 of the Industrial Relations Act under which one party may now request the Minister, when a period of three months of continuing industrial action has elapsed, to refer an unresolved dispute to the Court for final determination. The Committee must point out that binding arbitration procedures, whether or not preceded by conciliation, must be designed to facilitate bargaining between the two sides, which means that it should be for the two parties to decide whether or not they wish to refer any matter in dispute to binding arbitration. Moreover, since this new provision entails the prohibition of recourse to strikes, the Committee insists that such prohibitions of strikes should be confined to: (a) public servants acting in their capacity as agents of the public authority; (b) services whose interruption would endanger the life, personal safety or health of the whole or part of the population; or (c) situations of acute national crisis.

The Committee also notes that the Government is still carefully considering the implications of amendments to sections 59(4) and 65 of the Industrial Relations Act, that it has appointed a high-level review committee to undertake a global review of all the Service Acts and regulations and pledged to keep it informed of developments in this matter. The Committee therefore requests the Government to indicate:

- the exact terms of reference of the review committee;

- whether a timetable and a deadline have been set for the submission of its report; and

- whether employers' and workers' organisations will have an opportunity to submit representations to that committee.

The Committee strongly hopes this latest initiative will be followed in the near future by implementing legislation along the lines it has been suggesting for many years and urges the Government to indicate in its next report the measures taken to bring its legislation into conformity with the Convention.