Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Trinidad and Tobago (Ratification: 1963)

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

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).

Information on the ongoing reform process. In reply to the Committee’s previous request on the reform process in respect of accident compensation, the Government indicates in its report that the comments received from stakeholders on the revision of the Workmen’s Compensation Act (Chapter 88:05) of 1960 have been assessed and that a Draft Policy Proposal document has been prepared and reviewed by the Minister of Labour and Small Enterprise Development (MOLSED), responsible for the oversight of the Workmen’s Compensation Act, in consultation with the Ministry of Planning and Development. The Government further indicates that, in the absence of a division within MOLSED that administers or regulates the Workmen's Compensation Act, a number of proposals are currently being explored to improve the governance of the scheme. These comprise (1) the establishment of a Tripartite Committee under the purview of the Ministry of Labour, following approval by Cabinet, to review the Workmen’s Compensation Act; (2) the establishment of a Review Committee under the new legislation for future periodic review of the workmen’s compensation scheme; and (3) the conduct of a Financial Impact Analysis, along with wider consultation in order to advance to policy. Noting these developments, the Committee encourages the Government to pursue its efforts to improve the effectiveness of the workers’ compensation scheme and requests the Government to continue providing information on the reform process in respect of accident compensation and on any relevant legislative development in this regard.

Application of the Convention in practice. The Committee notes the Government’s reply to its request for specification concerning the manner in which the principle of equality of treatment was implemented in practice, in case the beneficiary transferred his or her residence abroad following an employment injury. It notes, in particular, the indication by the Government that, although the current legislation does not regulate such situations, in practice, the National Insurance Board of Trinidad and Tobago (NIBTT) has determined that residency status was not a criterion in determining the qualification or non-qualification of an applicant for the employment injury benefits, and that payments of such benefits continued when a beneficiary resided abroad. The Committee requests the Government to specify whether the payments of employment injury benefits are made to beneficiaries living abroad regardless of their nationality.

The Committee further notes that, according to the Government, if a beneficiary is required to undertake a medical assessment to determine the continuation of either the Injury or Disablement Benefits and fails to do so because of their residence outside of Trinidad and Tobago, the benefit will be discontinued due to their non-compliance with the NIBTT's request and not because of their residency status, as such. The Committee requests the Government to indicate whether the medical assessment required for determining whether entitlement to employment injury benefits continues can be undertaken in the country of residence of the beneficiary, if he/she resides abroad, and, if so, under which conditions.

Finally, the Committee notes the Government’s indication that the MOLSED will take into consideration how the principle of equality of treatment can be dealt with in the review of the Workers’ Compensation Act. The Committee welcomes this indication and requests the Government to provide information on measures taken or envisaged to ensure that the principle of equality of treatment between nationals and non-nationals in respect of workers’ compensation is applied in the national legislation.

Furthermore, the Committee requests the Government to supply statistical data on the approximate number of foreign workers in Trinidad and Tobago, their nationality and occupational distribution. The Committee further requests the Government to provide statistical data on the number and nature of the accidents reported and compensated in the case of foreign workers. It also requests the Government to indicate the amounts of compensation paid, in the case of residency outside the territory of Trinidad and Tobago, to its nationals and to foreign nationals from countries that have ratified the Convention, or to their dependants.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Information on the ongoing reform process. The Committee notes the Government’s indication that the review of the Workmen’s Compensation Act (Chapter 88:05) of 1960 as amended in 1997 is still on the legislative agenda and that a draft bill of 2015 supposed to replace the latter has been transmitted to stakeholders for comments. According to the report, the primary objective of the Employment Injury Benefits Bill (2015) is to provide prompt and adequate compensation for all employees who suffer injury or illness arising out of their employment. The Committee requests the Government to continue to provide information on the reform process and to provide a copy of the Bill or, if it has been approved already, of the new Act, including any implementing regulations that have been adopted concurrently. The Committee requests the Government to specify the manner in which the principle of equality of treatment is implemented in practice in case the beneficiary transfers his or her residence abroad following an employment injury.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

In its report received in September 2011, the Government indicates that, in 2010, the repeal of the Workmen’s Compensation Act (WCA) was identified as one of the priorities of the Labour Legislative Reform Project for the fiscal year 2010–11 and that the Ministry of Labour and Small and Micro Enterprise Development initiated a consultation process with stakeholders concerned. By the end of 2011, the Ministry was to convene consultations with the medical practitioners and the social partners with a view to developing a draft policy paper on employment injury benefits. The Committee asks the Government to supply with its next report information on the progress made in this respect and to indicate how the principle of equal treatment between national and foreign workers is implemented in the new legislative framework.

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

With reference to its previous comments, the Committee notes that the process of reviewing the national legislation concerning compensation for work-related accidents – the Workmen’s Compensation Act (Chapter 88:05) and the National Insurance Act (Chapter 32:01) – has not yet been completed. The Government indicates in this respect that the draft legislation is currently undergoing changes and may be submitted to Cabinet in its revised form as the Employee Compensation Bill. It further states that the provisions of Convention No. 19 will be considered in this process of review. The Committee would be grateful if, with its next report, the Government would supply information on any new legislation adopted and, where appropriate, to provide copies.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the fact that the Government is currently in the process of reviewing the legislation concerning compensation for work-related accidents – the Workmen’s Compensation Act (Chapter 88:05) and the National Insurance Act (Chapter 32:01). In this respect, the Committee requests the Government to provide information in its next report on any new legislation adopted and, where appropriate, to provide copies.

 

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in reply to its previous direct request. It also notes the fact that the Government is currently in the process of reviewing the legislation concerning compensation for work-related accidents - the Workmen’s Compensation Act (Chapter 88:05) and the National Insurance Act (Chapter 32:01). In this respect, the Committee requests the Government to provide information in its next report on any new legislation adopted and, where appropriate, to provide copies.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 1, paragraph 2, of the Convention. The Committee states that by virtue of section 69 of the National Insurance Act (Chapter 32:01), the President may by Order make provisions to amend or adapt the Act to give effect to reciprocal agreements regarding payment of the indemnities provided under that Act concluded with other Commonwealth governments or foreign countries. In this respect, the Committee hopes the Government will indicate in its next report, firstly, whether Trinidad and Tobago has concluded reciprocal agreements with other governments (whether or not they are members of the Commonwealth) in regard to payment abroad of benefits due in the event of occupational accidents and, secondly, if recourse has been made to the abovementioned section 69 of the National Insurance Act, and if so, its impact on the benefits payable to workers who are victims of occupational accidents.