Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Administration Convention, 1978 (No. 150) - Trinidad and Tobago (Ratification: 2007)

The Committee notes the Government’s first report received by the ILO on 8 January 2010 and accompanied by Civil Service Act No. 29 of 1965, as amended. The Committee also notes the ILO’s technical memorandum of 2003 on the evaluation of the labour administration (audit) containing a number of recommendations for the improvement of its operation. The Committee notes that the Government’s report does not provide all the information required to assess the report in relation to the above recommendations and requests the Government to provide further information and documentation on the following points.

Article 1 of the Convention. Organization of the labour administration system. The Committee requests the Government to indicate whether social security comes within the remit of the Ministry of Labour and Small and Micro Enterprise Development (the Ministry of Labour) and, if applicable, which of the bodies forming part of that Ministry play a role in determining vocational training and skills development policies.

The Committee further requests the Government to provide any information available on the “Trade Union Services”, “Enterprise Services” and “Enterprise Development” units, mentioned in the ILO’s 2003 audit.

The Government is requested to describe in detail the Ministry of Labour’s external services and provide the organizational chart of the entire labour administration system, including, if applicable, parastatal and regional or local agencies or any other form of decentralized administration, as well as any institutional framework for the coordination of the activities of such bodies and for consultation with and participation by employers and workers and their organizations.

Article 2. Delegation of labour administration activities to non-governmental organizations. Noting that, according to the Government, no labour administration activities are entrusted to non-governmental organizations, the Committee draws its attention to the fact that employers’ and workers’ organizations constitute non-governmental organizations within the meaning of the Convention. The Government is therefore requested to indicate whether labour administration activities have been delegated to employers’ and workers’ organizations, including, for example, activities relating to social welfare, training and workers’ education.

Article 3. Activities in the field of national labour policy regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes that, according to the introductory part of the Industrial Relations Act (Chapter 88:01), collective agreements may be concluded on matters relating to conditions of work. The Committee would be grateful if the Government would provide a copy of any other texts governing collective bargaining, as well as a copy of any collective agreements in force concerning conditions of work.

Article 4. Coordination of functions and responsibilities within the labour administration system. The Committee duly notes the detailed information concerning the operation of the central labour administration and the coordination of its functions and responsibilities. The Committee requests the Government to describe the manner in which coordination is ensured with regard to the external services of the labour administration’s central bodies.

Article 5. Tripartite consultation, cooperation and negotiation within the labour administration system. The Committee notes the information provided by the Government concerning the Occupational Safety and Health Authority, the Minimum Age Advisory Council, the Tripartite Consultations Committee established under ILO Convention No. 144 and the National Productivity Council. It also notes the creation of a tripartite committee responsible for contributing to the establishment of a development policy and corresponding action plan. The 2003 audit referred to above also mentions an advisory committee on industrial relations, as provided for by section 80 of the Labour Relations Act. The Committee would be grateful if the Government would keep the ILO informed of the composition and functioning of the advisory committee on industrial relations, provide a copy of any report or extracts from any report on the work of the abovementioned tripartite bodies and give an indication of the impact of this work on developments relating to the legislation or practice in areas of labour policy.

The Committee requests the Government to indicate whether measures have been taken to promote tripartite consultation, negotiation and cooperation also at the regional and local levels, as well as at the level of the different sectors of economic activity.

Article 6(a). The Committee notes that the Ministry of Labour’s Manpower Unit ensures the operation of seven one-stop career resource centres which are responsible for the placement of migrant workers in employment and the provision of vocational training. The Committee understands that a tripartite committee has drafted a report assessing the labour market situation and has devised an employment promotion policy.

The Government is requested to provide information on the follow-up given to the report on the labour market situation and the role played in this regard by the competent bodies of the labour administration system.

Article 6(b). The Committee notes that the Central Statistical Office (CSO) and the Ministry of Labour compile data on working conditions, vacancies, occupational accidents and labour inspection and that most of the data relating to the labour market are collected using the NHRMIS statistical system and published in an annual report. Furthermore, the Research and Planning Division carries out socio-economic studies for use by other departments within the Ministry. The creation of a labour market information service is also envisaged. The Government is requested to indicate whether activities are carried out by the labour administration bodies to draw attention to the weaknesses and abuses noted in these areas and submit proposals to remedy them.

Article 7. Extension of the functions of the labour administration system to include activities for the benefit of categories of workers who are not, in law, employed persons. According to the Government, the labour administration’s remit covers most categories of self-employed workers and workers occupied in the informal economy. In this regard, the Committee notes sections 5 and 7 of the Occupational Safety and Health Act of 2004. Furthermore, with regard to members of cooperatives, the Government points out the existence of a division within the Ministry of Labour responsible for promoting their development. The Committee requests the Government to provide further information on the manner in which labour administration services are provided to the workers mentioned in its report who are not, in law, regarded as employed persons.

Article 8. Responsibilities related to the preparation of national policy concerning international labour affairs and State representation. The Committee notes with interest the detailed information provided by the Government concerning the Ministry of Labour’s International Affairs Unit, created in 2007 to coordinate and manage activities aimed at fulfilling the Government’s international labour commitments. Furthermore, the Committee refers to its 2008 observation concerning the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), in which it noted that, following consultations held by the Tripartite Consultations Committee, this Committee recommended the ratification of the Employment Policy Convention, 1964 (No. 122), and the Occupational Safety and Health Convention, 1981 (No. 155). The Committee would be grateful if the Government would continue to provide information concerning the consultations held within the abovementioned tripartite bodies and indicate the action taken in response to the opinions formulated.

Article 9. Verification of the legality of the labour administration activities carried out by parastatal bodies and their conformity with the objectives established. The Committee requests the Government to provide detailed information on the means available to the Ministry of Labour to ensure that the parastatal agencies and regional and local agencies referred to in this Article of the Convention are operating in accordance with national laws and are adhering to the objectives assigned to them.

Article 10. Human resources and material means necessary for the operation of the labour administration system. The Committee notes that the Government has not provided Annex 1 mentioned in its report concerning the composition of the staff working within the labour administration system. It notes that the 2003 audit reported a shortage of staff in terms of both quality and quantity within certain Ministry departments and indicated the implementation of a process to modernize the means of operation of the labour administration system and an ambitious staff training programme. According to the Government, staff numbers have increased, particularly within the Conciliation Unit, the Labour Inspectorate Unit and the Occupational Safety and Health Authority Agency. It mentions that 152 contract posts have been created within this agency.

The Committee would be grateful if the Government would provide information concerning the composition of the staff of the labour administration system (civil servants and contract staff), their remuneration and conditions of service, as well as the qualifications required for the posts that they occupy.

It requests the Government to indicate the measures taken to ensure that labour administration contract staff carry out their duties without any improper external influences.

The Government is also requested to provide information on the training given to these members of staff during their employment (areas covered, frequency, duration, participation, etc.).

The Committee also requests the Government to describe the material means and financial resources made available to the labour administration staff for the performance of their duties.

Parts III and IV of the report from. The Government is requested to reply in detail to the requests made in these parts of the report form.

Part V. Technical assistance from the Office. The Committee notes with interest the information concerning the various forms of technical assistance provided by the ILO to improve the operation of the labour administration system, for example, training in the country as well as within the ILO Training Centre of Turin, Italy, in the areas of labour inspection, conciliation, mediation and health and safety of child workers, as well as to develop a decent work programme and provide assistance on the issue of cooperatives. The Government also points out a project aimed at creating a unit responsible for establishing a labour market information system. The Committee requests the Government to keep the Office informed of any developments resulting from the technical assistance provided by the Office, in particular concerning the implementation of any action plan designed to give effect to the recommendations made in the 2003 audit.