Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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.