Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Articles 2, 3 and 4 of the Convention. Trade Unions Acts (TUA). In its previous comments the Committee had requested the Government to take the necessary measures to amend sections 10 and 18(1)(d) of the TUA, relating to trade union registration and cancelation thereof, as well as sections 16(4) and 33 of the TUA, concerning financial supervision of trade unions and the administration of their funds so as to bring these sections into full conformity with the Convention. The Committee notes the Government’s indication that, following stakeholder consultations and tripartite meetings held in 2019 and after disruptions in the operations of the Ministry of Labour due to the COVID-19 pandemic, a draft policy paper for the amendment of the TUA was submitted to Cabinet in June 2021. The Government indicates that the International Trade Union Confederation’s comments as well as this Committee’s comments were utilized to develop the said paper, which aims at giving effect to the Convention. Noting that no developments appear to have taken place since the draft policy paper was submitted to Cabinet in June 2021, the Committee strongly encourages the Government to take the necessary steps so that the TUA is amended without further delay and requests it to provide a copy of the legislation once adopted.

Article 3. Right of organizations to organize their activities freely and to formulate their programmes. Industrial Relations Act (IRA). In its previous comments, the Committee had requested the Government to take the necessary measures to amend sections 59(4)(a), 61(d), 65, 67 and 69 of the IRA concerning the majority required for a strike, recourse to the courts to end a strike, and the prohibition of industrial action so as to bring these sections into full conformity with the Convention. The Committee takes note of the Government’s indication that the draft policy paper for the amendment of the IRA submitted to Cabinet in January 2017 was later revised to incorporate the recommendations of the National Tripartite Advisory Council and re-submitted to Cabinet for its consideration in May 2021. Regretting that no developments appear to have taken place since then, the Committee urges the Government to take the necessary steps so that the IRA is amended without any further delay and requests it to provide a copy of the legislation once adopted.