Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Trinidad and Tobago

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2007)
Labour Administration Convention, 1978 (No. 150) (Ratification: 2007)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It takes note of the Government’s indications concerning the impact of the COVID-19 pandemic on the implementation of the Conventions, particularly with respect to the carrying out of inspection visits and awareness campaigns.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour inspection: Convention No. 81

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. Following its previous comment, the Committee notes the Government’s indication, in its report in response to the Committee’s previous request, that the function of conciliation is now exclusively carried out by the Conciliation Unit at the Ministry of Labour and Small Enterprise Development (MOLSED). It notes in this respect that, if the occupational safety and health (OSH) inspectors in the execution of their duties encounter issues which require conflict resolution, such matters are directed to the Conciliation Unit.

Article 5(a). Cooperation between the inspection services and other government services and public or private institutions. In its previous comment, the Committee took note that several Memoranda of Understanding (MOUs) had been signed between the OSH Agency and the Tobago House of Assembly; the Environmental Management Authority; the Trinidad and Tobago Fire Services and the Ministry of Energy and Energy Industries. In this regard, the Committee notes the Government’s indication that two additional MOUs have been signed between the OSH Agency and the Ministry of Health, and between the OSH Agency and the Trinidad and Tobago Bureau of Standards. It further notes the detailed information provided by the Government as an appendix to its report on the objectives of these MOUs and the measures undertaken to achieve them.

Articles 5(a), 17 and 18. Cooperation with the justice system and effective enforcement of legal provisions. The Committee previously noted the Government’s indication that it was developing a National Labour Inspection Policy aimed at providing clear guidance on, among other things, the referral of matters to the Industrial Court. The Committee takes note of the Government’s indication that the MOLSED is continuing its review of the role and function of the Ministry’s Labour Inspectorate Unit (LIU) as well as the impact of certain issues, such as trafficking, child labour and decent work for migrant workers, on the development of a National Labour Inspection Policy. The Committee requests the Government to continue to provide information on the National Labour Inspection Policy, including its impact on the application of the legal provisions enforceable by labour inspectors, and to provide a copy once adopted.

Article 5(b). Collaboration with employers and workers or their organizations. Following its previous comment on the activities of OSH committees in workplaces, the Committee notes the Government’s indication that information on the establishment and operation of these committees is requested and reviewed by OSH inspectors during inspection visits and that their findings form part of the inspection report. The Government also indicates that it is promoting the establishment of OSH committees within the public service, including as part of the ongoing Public Sector OSH Compliance Programme, which commenced in March 2019, and that a brochure on OSH committees was distributed to all Ministries. The Government further indicates that the OSH Agency, as part of its inspections, continues to monitor the establishment of OSH committees, in collaboration with the MOLSED. The Committee requests the Government to provide information on the activities carried out by OSH committees in workplaces, including information on the number, subject matter, and outcomes of investigations requested by OSH committees.

Article 6. Status of labour inspectors. 1. Status of OSH inspectors. Following its previous comment, the Committee notes the Government’s indication that OSH inspectors are engaged on a contractual basis, according to the terms and conditions set by the Human Resource Advisory Committee of the Government. The Committee also takes note of the “Employee Performance Management System Policy and Procedure”, submitted as appendices to the Government’s report, which fixes the criteria and procedures for assessing the performance of OSH inspectors on an annual basis and according to which the authorities responsible for the assessment are human resources and other officials within the OSH Agency. In this regard, it takes note of the “Separation and Termination Policy and Procedures”, also submitted with the Government’s report, which sets out the reasons for termination of OSH inspectors’ contracts, as well as the Grievance Policy and Procedures, under which they can initiate an appeal process. The Committee requests the Government to continue to provide information on the measures taken to ensure that OSH inspectors are public officials assured of stability of employment, in conformity with Article 6 of the Convention, including information on compensation and benefits provided to OSH inspectors in comparison to government employees or contractors exercising similar duties and responsibilities.

2. Status of Chief Labour Inspector and Senior Labour Inspector. Following its previous comments on the ongoing process of classification of the positions of Chief Labour Inspector and the Senior Labour Inspector of the LIU, the Committee notes the Government’s indication that classification questionnaires were issued for completion and sign off by the MOLSED. The Government indicates that the next step is to arrange and conduct a job audit with representatives of the MOLSED. It further indicates that the MOLSED is in the process of filling the Senior Labour Specialist positions and that a candidate was selected, but not yet hired, for the position of Chief Labour Inspector Specialist. Noting that these positions have been vacant for a number of years, the Committee urges the Government to continue to provide information on any developments related to completing the classification of the posts of Chief Labour Inspector and Senior Labour Inspector as well as on the filling of the vacant positions.

Articles 7(1) and (2), 10 and 16. Recruitment and number of inspectors. Number of inspections. Following its previous comment, the Committee notes the information from the Government that there are currently 15 inspectors at the LIU and 38 inspectors at the OSH Agency (which represents an increase from 28 in 2016 to 38 in 2019). With respect to the LIU, the Committee notes the Government’s indication that 18 positions are vacant. The Government indicates that MOLSED is liaising with the Service Commissions Department to fill the vacant positions of labour inspectors. The Committee notes the Government’s indication that the decline of inspections conducted by the LIU (from 1,177 in 2010 to 612 in 2015) was the result of the significant reduction in the number of inspectors from sixteen to ten due to resignations and compulsory retirement. The Government indicates that eight new labour inspectors were recruited in the latter part of 2015 and that, as a consequence, 1,637 inspections were conducted by the LIU in 2015–16. However, the number of inspections then declined to 1,527 in 2018–19. The Committee further notes with interest that the number of inspections conducted by the OSH agency increased from 1,630 in 2017 to 2,133 in 2018 and to 3,105 in 2019. The Committee notes the Government’s indication that, as a result of the COVID-19 pandemic, the number of inspections conducted by the OSH agency declined to 2,229 in 2020 and those conducted by the LIU to 576 in 2019-20. The Committee urges the Government to pursue its efforts to fill the substantial number of remaining vacant inspector positions at the LIU. It requests the Government to continue to provide information on the number of inspection staff, as well as specific information on the reasons for any remaining vacancies. It further requests the Government to continue to provide information on the number of inspection visits undertaken.

Articles 20 and 21. Publication and communication of an annual report on labour inspection. Following its previous comment, the Committee notes the Government’s indication that the OSH Agency has committed to submitting an annual report on labour inspection to the MOLSED in December 2020 and will cover the period from October 2019 to September 2020. The Committee requests the Government to pursue its efforts to ensure the publication of the annual general reports of the OSH Agency and the LIU, and to transmit a copy of these annual reports to the ILO, in conformity with Article 20 of the Convention.

Labour administration: Convention No. 150

Article 3 of the Convention. Activities in the field of national labour policy regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Committee previously requested information on any activities in the field of national labour policy regulated by having recourse to direct negotiations between employers’ and workers’ organizations. In this respect, it notes that the MOLSED continues to engage in multipartite consultations with the social partners to create revised labour legislation and it notes the information provided by the Government concerning the status of labour legislation consultations.

Article 4. Coordination of functions and responsibilities within the labour administration system. Following its previous comment, the Committee notes the Government’s indication that the MOLSED adopted a new Strategic Plan for the period 2017–20 together with an Implementation Plan in the context of the Government’s Official Policy Framework and the National Development Strategy 2016–30 (Vision 2030). It notes that six key priority areas of strategic focus have been identified cutting across all of the functional areas of the Ministry: (i) service delivery; (ii) multipartite stakeholder relationships; (iii) policy and legislation; (iv) results-based monitoring; (v) coordinated innovation and small enterprise development and training; and (vi) employment facilitation for persons with disabilities and other vulnerable groups. Regarding the Committee’s previous request concerning coordination between the MOLSED and the National Insurance Board of Trinidad and Tobago (NIBTT) with respect to social security issues, the Committee notes the information provided by the Government concerning different areas of collaboration between both agencies. These include: (i) providing information for the Labour Market Information System; (ii) participation in the Inter-Ministerial Committee for the Development of a Labour Migration Policy; (iii) discussions towards the establishment of a Memorandum of Understanding with the MOLSED; and (iv) participation in consultations on employment standards, severance benefits and foreign labour contracts in Trinidad and Tobago. The Committee requests the Government to continue to provide information on the measures taken to ensure the coordination of the functions and responsibilities of the labour administration system. In this respect, it requests the Government to provide information on the implementation of the Strategic Plan of the MOLSED for the period 2017 – 20, as well as information on any subsequent plans adopted.

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. Following its previous comment, the Committee notes the Government’s indication that the services of the LIU are mainly geared towards protecting the labour rights of vulnerable groups of workers, including low and unskilled workers, young persons, women, domestic workers, and migrant workers. It provides a decentralized service to rural communities, by visiting these areas on a monthly basis to record complaints and conduct inspections as well as conducting awareness campaigns. The Government indicates that, although the COVID-pandemic has negatively affected the public awareness campaigns, the LIU, in collaboration with the Communication Unit of the Ministry and the ILO Decent Work Team and Office for the Caribbean, conducted a social media campaign to raise awareness about rights and responsibilities of both workers and employers and the role of the LIU. With respect to domestic workers, the Government indicates that the LIU works closely with the National Union for Domestic Employees to ensure decent work for these workers. The Committee notes that, regarding migrant domestic workers, the LIU provides guidance to the Work Permit Section of the National Employment Services by reviewing employment contracts for consistency with labour law.

Article 9. Labour administration activities carried out by parastatal agencies and regional or local agencies. Following the Committee’s previous request concerning periodic reporting of parastatal agencies responsible for particular labour administration functions, the Committee notes the Government’s indication that the OSH Agency, the National Entrepreneurship Development Company Limited and the Cipriani College of Labour and Co-operative Studies are all governed by Boards whose members are approved by Cabinet and the Chairpersons are required to submit a number of reports to the MOLSED on the operations of the agencies, including an annual administrative report. The Government indicates that these administrative reports are submitted to Cabinet and, once approved, submitted to the President for presentation to Parliament and to the Joint Select Committee of Parliament on Statutory Authorities and State Enterprises. Additionally, the agencies are required to submit monthly and quarterly reports of achievements and expenditures to the MOLSED, thereby bringing to the attention of the Minister and the MOLSED issues under the purview of these agencies which are related to labour administration.

Article 10. Human resources and material means necessary for the operation of the labour administration system. The Committee previously noted the Government’s indication that the MOLSED is staffed by both contract workers and civil servants, and it requested the Government to indicate the measures taken or envisaged to ensure that labour administration contract staff carry out their duties without any improper external influence. The Committee takes notes of the information provided by the Government concerning the “Guidelines for Contract Employment” issued by the Personnel Department which address matters such as confidentiality, performance management and termination of employment. In the case of the MOLSED, the conflict-of-interest policy requires staff to declare any conflict of interest. With respect to the material means and financial resources available to labour administration staff for the performance of their duties, the Committee notes that the MOLSED provides: (i) transport and vehicle allowances; (ii) allowances for overseas travel; (iii) workshops and training (both overseas and local); (iv) a performance appraisal procedure, which contributes to ensuring that staff are properly remunerated; (v) other tools, such as computers and cellular phones and access to the Government’s Employee Assistance Programme (EAP), which is designed to improve performance by providing psychological and organizational support. With reference to its comments above concerning Article 6 of Convention No. 81, the Committee requests the Government to continue to provide information on the measures taken to ensure that the staff of the labour administration system have the status, material means and the financial resources necessary for the effective performance of their duties, in accordance with Article 10 of the Convention.