Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Trinidad y Tabago

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 2007)
Convenio sobre la administración del trabajo, 1978 (núm. 150) (Ratificación : 2007)

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. The Committee takes due note of the Government’s statement in its report, in response to the Committee’s previous request, that the Labour Inspection Unit (LIU) does not carry out the function of conciliator in trade disputes, and that this function is carried out by the Conciliation Unit at the Ministry of Labour and Small Enterprise Development (MLSED). The Committee notes, however, the Government’s indication that inspectors in the occupational safety and health (OSH) inspectorate are occasionally required to facilitate conflict resolution in connection to interpretation of the OSH Act. The Committee requests the Government to provide information on the time and resources of the OSH inspection services spent on conflict resolution, in relation to their primary duties as defined in Article 3(1) of the Convention.

Article 4. Organizational structure of the OSH Agency. The Committee takes note of the organizational structure chart of the OSH Agency provided by the Government in reply to its previous request.

Article 5(a). Cooperation between the inspection services and other government services and public or private institutions. The Committee notes the Government’s indication that a Memorandum of Understanding (MOU) has been finalized between the OSH Agency and the Tobago House of Assembly which includes among its objectives the delivery of effective and efficient monitoring of OSH issues in Tobago and the ensuring of a consistent, coordinated and comprehensive approach to OSH issues. It further notes that MOUs have also been signed between the OSH Agency and the Environmental Management Authority; the Fire Services of Trinidad and Tobago; the Ministry of Energy and Energy Affairs; and the Trinidad and Tobago Bureau of Standards. The Committee requests that the Government provide information on the objectives of these additional MOUs, as well as information on measures undertaken to accomplish the objectives for all the MOUs.

Articles 5(a), 17 and 18. Cooperation with the justice system and effective enforcement of legal provisions. The Committee notes that the MLSED is currently working on the development of a National Labour Inspection Enforcement Policy that aims to provide clear guidance on, among other things, the referral of matters to the Industrial Court. The Committee also takes due note of the information provided on the OSH Agency’s Enforcement Policy, in reply to the Committee’s previous request. The Committee requests the Government to provide further information on the National Labour Inspection Enforcement Policy, including its impact on the application of the legal provisions enforceable by labour inspectors, once adopted.

Article 5(b). Collaboration with employers and workers or their organizations. The Committee notes the Government’s indication, in reply to its previous request, that information on the activities of OSH committees in workplaces is not currently available to the OSH Agency. Nonetheless, the Government states that the collection of such information would facilitate the work of the Agency and that it remains committed to ensuring that there is collaboration between officials of the labour inspectorate and employers and workers. The Committee encourages the Government to pursue its efforts to collect information on the activities of OSH committees in workplaces, including information on the number and outcomes of investigations requested by OSH committees, and to provide this information, when collected.

Article 6. Status of labour inspectors. 1. Status of OSH inspectors. The Committee previously noted the Government’s indication that if OSH inspectors’ performance appraisals are unsatisfactory their contracts may not be renewed, but that there is an appeal process in the form of a grievance. Noting the Government’s indication that it will send further information in this respect, the Committee once again requests the Government to indicate the authority responsible for evaluating the performance of OSH inspectors, as well as the criteria and procedures applied.

2. Status of Chief Labour Inspector and Senior Labour Inspector. The Committee notes the Government’s indication, in reply to its previous request, that the positions of Chief Labour Inspector and the Senior Labour Inspector of the LIU are in the process of classification by the Personnel Department. The Committee requests the Government to provide information of any developments related to the classification of the posts of Chief Labour Inspector and Senior Labour Inspector.

Articles 7(1), (2), 10 and 16. Recruitment and number of inspectors. Number of inspections. The Committee notes the information in the Government’s report that currently there are 18 inspectors at the LIU and 28 inspectors at the OSH Agency. It also notes with concern that there are currently 30 vacancies in the inspectorate, and the Government’s statement that this places a significant constraint on the Inspectorate’s ability to implement its proactive and reactive compliance programmes. The Government indicates in this respect in its report submitted under the Labour Administration Convention, 1978 (No. 150), that the major challenge facing the labour administration system is the inadequate staffing for labour inspections. The Government indicates however that it is seeking to address the vacancies in the inspectorate. The Committee further notes with concern that the number of inspection visits declined from 1,177 in 2010–11 and 1,242 in 2011–12 to 612 in 2014–15. The Committee urges the Government to pursue its efforts to fill the remaining vacant positions at the inspectorate, and to continue to provide information on the number of inspection staff as soon as possible, and remaining vacancies. It requests the Government to continue to provide information on the number of inspection visits undertaken, and to provide information on the reasons for the significant decline of inspections between 2010 and 2015. It also requests the Government to provide information on any measures taken or envisaged in the meantime to overcome the constraints identified due to the significant number of vacancies.

Articles 20 and 21. Publication and communication of an annual report on labour inspection. The Committee notes the relevant excerpts of the annual reports of the OSH Agency and the LIU for the period of October 2010 to September 2015. The Committee requests the Government to continue to take measures 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

Articles 1 and 10(1) of the Convention. Organization of the labour administration system and training staff. The Committee notes the information provided by the Government in its report in response to its previous request that the National Training Agency (NTA) is the central coordinating body responsible for planning, coordinating and administering the national training system for Technical and Vocational Education and Training (TVET), operating under the Ministry of Education. The Committee refers to its comments made under the Employment Policy Convention, 1964 (No. 122) in this respect.

Article 2. Delegation of labour administration activities to non-governmental organizations. The Committee notes the Government’s statement, in response to the Committee’s previous request, that the MLSED works closely with the social partners for policy development and implementation but that it has not delegated any labour administration activities to employers’ or workers’ organizations.

Article 3. Activities in the field of national labour policy regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Committee once again requests the Government to provide information on all activities in the field of national labour policy regulated by having recourse to direct negotiations between employers’ and workers’ organizations.

Article 4. Coordination of functions and responsibilities within the labour administration system. The Committee notes the organizational chart of the MLSED, provided by the Government, indicating the manner in which the labour administration system is organized following a review. It also notes the information provided by the Government that, following an audit undertaken in 2003, it undertook a number of activities to provide better services and to promote greater coordination in its work. From 2011 to 2015, the work of the MLSED was guided by a Strategic Plan which recognized the importance of the principles of the Decent Work Agenda. The Committee further notes the information provided by the Government, in response to its previous request, that social security does not fall under the remit of the MLSED and that it is dealt with by the National Insurance Board of Trinidad and Tobago. The Committee requests the Government to continue to provide information on the measures taken to ensure the effective operation of the labour administration system, including any subsequent strategic plans adopted. It also requests the Government to provide information on the manner in which the MLSED coordinates with the National Insurance Board with respect to social security issues.

Article 5. Tripartite consultation, cooperation and negotiations within the labour administration system. The Committee notes that a tripartite Industrial Relations Advisory Committee (IRAC) was appointed for a two-year term from 2012–14 and prepared a policy paper for the amendment of the Industrial Relations Act that was used in the drafting of the Industrial Relations (Amendment Bill), 2015. It also notes that the purpose of the Bill was to strengthen and improve the industrial relations system in Trinidad and Tobago and to create an independent dispute settlement process by the formation of the Conciliation and Mediation Service. It also notes the information provided by the Government on the activities of the Minimum Wages Board, which is responsible for advising and making recommendations to the Minister of Labour on matters relating to the fixing of minimum wages and terms and conditions of service; and the HIV/AIDS Advocacy and Sustainability Centre Advisory Board, which includes representatives of workers’ and employers’ organizations and provides guidance for the development of the National Workplace Policy on HIV/AIDS. The Committee further notes the information provided by the Government concerning the ILO 144 Tripartite Consultative Committee, and it refers in this respect to its comments made under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6(2)(a). Preparation, implementation, supervision and evaluation of the national employment policy. The Committee notes the information provided by the Government, in reply to its previous request, concerning the development of a national employment policy, and refers in this respect to its comments under the Employment Policy Convention, 1964 (No. 122).

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. The Committee notes the Government’s indication, in reply to its previous request concerning the manner in which labour administration services are provided to workers who are not, in law, treated as employed persons, that as part of the preventative conciliation initiative, it has sought to focus its efforts on the informal sector and those who may be more vulnerable to workplace exploitation. The Government also indicates that self-employed persons can access the services of the OSH Agency and the HIV/AIDS Advocacy and Sustainability Centre, which has also undertaken sensitization of workers in the informal economy. Members of cooperatives can access the services of the Cooperatives Development Division, including cooperatives operating in the informal economy. The Government further indicates that the LIU extends its services to the informal economy with respect to the enforcement of the national minimum wage. Taking due note of this and related information, the Committee requests the Government to provide information on how the LIU monitors or reviews enforcement of the national minimum wage laws for those operating in the informal economy, and whether the LIU plays a role in providing for the proactive monitoring of working conditions for domestic workers, including those listed in the recently created Register of Domestic Workers.

Article 8. Responsibilities related to the preparation of national policy concerning international labour affairs and State representation. The Committee notes the information provided by the Government, in response to its previous request, that the ILO 144 Tripartite Consultative Committee provides critical guidance in respect of ratification and effective implementation of international labour standards. It refers in this respect to its comments under Convention No. 144.

Article 9. Verification of the legality of labour administration activities carried out by parastatal agencies and regional or local agencies and their conformity with the objectives established. The Committee notes the information provided by the Government, in response to its previous request, that the MLSED has oversight over the National Entrepreneurial Development Company, Ltd., the Cipriani College of Labour and Cooperative Studies and the OSH Agency. The Government indicates that it uses the periodic reports of these agencies to satisfy itself that they are operating in accordance with national laws, are adhering to objectives assigned to them and to undertake an assessment of their activities. The Committee requests the Government to continue to provide information regarding the periodic reporting of the parastatal agencies responsible for particular labour administration activities to the MLSED, with a view to the proper coordination of their functions and responsibilities.

Article 10. Human resources and material means necessary for the operation of the labour administration system. The Committee welcomes the information provided by the Government regarding the composition of the MLSED, as well as the detailed job descriptions for a number of positions, outlining their duties and responsibilities, compensation and benefits as well as the required knowledge, skills, experience and training for these posts. Noting the Government’s indication that the MLSED is staffed by both contract workers and civil servants, the Committee once again requests 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, and to provide further information on the material means and financial resources available to labour administration staff for the performance of their duties.