Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Trinidad and Tobago (Ratification: 1963)

The Committee takes note of the Government’s report.

1. Article 4 of the Convention. The Committee’s previous comments concerned the need to amend section 24(3) of the Civil Service Act that affords a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the civil service. The Committee notes the Government’s statement to the effect that there have been no changes to section 24(3) of the Civil Service Act to date and that the Chief Personnel Officer is in the process of revising all legislation governing employment in the civil service and has been preparing a package of amendments which, when completed, will be submitted to the social partners for comments. The Committee requests the Government to ensure that its comments will be taken into consideration in this process. It expresses the hope that the legislation will be modified so as to ensure full respect for the principles of the Convention and requests the Government to provide copies of the amended texts as soon as they have been adopted.

2. Promotion of collective bargaining. In its previous comments, the Committee referred to the need to amend section 34 of the Industrial Relations Act in order to ensure that, in cases in which no trade union represents the majority of workers, the minority unions can negotiate jointly a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members. The Committee notes that the Government has sought the views of the social partners on its observations through a national tripartite committee. It notes that the parties did not agree as to whether this section of the Act should be amended and that the matter is to be referred 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 in December 2006. The Committee requests the Government to indicate in its next report any measure adopted in this respect and expresses the hope that the legislation will be modified soon in accordance with the principles of the Convention.