Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 10(1) of the Convention. Organization of the labour administration system and training of staff. The Committee notes the information supplied by the Government on the National Training Agency (NTA), established to ensure that the workforce is certified, competent, innovative, enterprising and entrepreneurial. It notes the Government’s statement that the Ministry of Science, Technology and Tertiary Education, to which the Agency reports, is committed to ensuring increased participation in technical and vocational education and training, especially by citizens who have been historically disadvantaged due to systemic barriers, such as the differently abled, financially challenged, the academically underprepared and those who live in rural communities. The Committee requests the Government to provide information on the activities carried out by the Agency, specifying the number of persons who took part in such training and the benefits they derived. It again asks the Government to indicate whether social security comes within the remit of the Ministry of Labour and Small and Micro Enterprise Development (hereinafter “Ministry”) and, if so, to indicate the body responsible for it.

The Committee notes the information supplied by the Government in response to its query about “Trade Union Services” and “Enterprise Services”, as well as the information on other technical services of the Ministry. It requests the Government to provide further details on the organization of the labour administration system as a whole, including any parastatal and regional or local agencies or any other form of decentralized administration, and 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. The Committee notes that the Government provides no information on this point. It again requests the Government to indicate whether any labour administration activities have been delegated to employers’ or workers’ organizations (such as activities pertaining to social security, 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 the information supplied by the Government, including the two collective agreements between the Central Bank of Trinidad and Tobago and the General Workers Federation in respect of terms and conditions of work. It requests the Government to continue to provide information on all other activities in the field of national labour policy regulated by having recourse to direct negotiations between employers’ and workers’ organizations.

Article 4. Coordination of functions and responsibilities within the labour administration system. The Committee notes that the coordination of functions is ensured by the Permanent Secretary, to whom all heads of division report. It also notes that the labour administration system is currently under review due to the addition of several new units. It requests the Government to provide information on the results of this review and particularly on the coordination of the administration’s functions following the addition of the new units mentioned in the report.

Article 5. Tripartite consultation, cooperation and negotiations within the labour administration system. According to the Government’s report, the Ministry is currently giving active consideration to the establishment of an Industrial Relations Advisory Committee, and will apprise the ILO of developments in this area. The Government also refers to several tripartite committees established to address issues such as minimum wages, labour standards, occupational safety and health, and HIV/AIDS in the workplace. The Committee requests the Government to provide information on progress made in setting up the Industrial Relations Advisory Committee and to specify its composition and terms of reference as soon as it has been established. It also asks the Government once again to provide copies of any report or extracts of reports on the work of the abovementioned tripartite committees and to give an indication of the impact of this work on the development of legislation or practice in areas covered by the labour policy. Please also 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. Preparation, implementation, supervision and evaluation of the national policy. In its previous comments the Committee asked for information on a report drafted by a tripartite committee assessing the labour market situation. The government provides general information on the labour market in its country. The Committee reiterates its request to the Government 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(2)(a)).

Furthermore, the Committee again asks the Government to indicate whether activities are carried out by the competent bodies within the labour administration to draw attention to defects and abuses noted in connection with working conditions, occupational accidents and labour inspection and to submit proposals to remedy them (Article 6(2)(b)).

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. The Committee notes the information supplied by the Government. It again asks the Government to provide details of the manner in which labour administration services are provided to workers who are not, in law, treated as employed persons, such as members of cooperatives.

Article 8. Responsibilities related to the preparation of national policy concerning international labour affairs and State representation. The Committee takes note of the information supplied by the Government on the meetings of the “ILO 144 Tripartite Committee” and the Ministry’s consultations with social partners to help guide policy formulation. It requests the Government to provide additional information on the follow-up given to proposals made by this tripartite committee and to the consultations that were held with social partners.

Article 9. Verification of the legality of labour administration activities carried out by parastatal agencies and regional or local agencies and their conformity with the objectives established. The Government’s report contains no information on this point. The Committee again asks the Government to provide detailed information on the means available to the Ministry to satisfy itself that the 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 the information supplied by the Government on the level of qualification and remuneration of the Head of Labour Administration, senior officers and the Head of Conciliation and Labour Relations. It further notes that 26 officers received training between September 2010 and June 2011. The Committee requests the Government to provide further information on the other labour administration bodies, specifying the composition of the staff, their remuneration, conditions of service, the qualifications required for the posts they hold and the training they are given in the course of employment (areas covered, frequency, duration, participation, etc.). It also asks the Government to indicate the measures taken to ensure that labour administration contract staff carry out their duties without any improper external influence, and to describe the material means and financial resources available to labour administration staff for the performance of their duties.

Judicial decisions. Application in practice. The Government’s report contains no information under these parts. The Committee again asks the Government to reply in detail to the requests made in these parts of the report form.

Technical assistance from the Office. According to the Government’s report, thanks to ILO technical assistance the Ministry has been able to ensure that its policies and programmes are consistent with international labour standards, and training workshops in labour inspection, occupational safety and health, gender issues, migration and legal issues have served to build the capacity of the Ministry to design activities which will promote decent work. While noting this information, the Committee requests the Government to provide information on the policies and programmes referred to, such as copies of texts or extracts of reports, and on activities to promote decent work carried out as a result of technical assistance from the Office. Please also provide information on any action plans designed to give effect to the recommendations of the 2003 audit.