Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Workers covered by the Convention. In its previous comments, the Committee referred to the need to amend section 2(3) of the Industrial Relations Act (IRA), which excluded certain categories of workers from its scope of application. The Committee noted that a draft policy paper which recommended extending the scope to teachers, Central Bank employees and domestic workers was submitted to Cabinet in May 2021, and hoped that it would also include apprentices and persons in enterprises with policy and other managerial responsibilities. The Committee notes the Government’s indication that: (i) following a change of government in April 2025, it is expected that the above-mentioned paper will need to be resubmitted to Cabinet for consideration; and (ii) the inclusion of apprentices and persons in enterprises with policy and other managerial responsibilities is not envisaged at this stage. Regretting that no progress appears to have been made since 2021, the Committee urges the Government to take the necessary measures to amend section 2(3) of the IRA without further delay so as to bring it into full conformity with the Convention. The Committee requests the Government to provide a copy of the legislation once adopted.

Article 1 of the Convention. Adequate protection against anti-union discrimination. The Committee previously requested the Government to provide statistics on the number and nature of complaints of anti-union discrimination, in particular dismissals, filed to the competent authorities, their follow-up and outcome, as well as statistics on applications made to the court for such offences. The Committee notes that the Government states that such information is currently unavailable. Emphasizing the importance of having available statistical data in order to assess the effective application of the Convention, the Committee requests the Government to provide this information in the next report.

Article 4. Promotion of collective bargaining. For several years, the Committee has highlighted the need to amend section 34 of the IRA, which provides that, in order to be recognized as a collective bargaining agent, a trade union should represent 50 per cent of the workers in the bargaining unit. The Committee notes the Government’s indication that: (i) its official policy framework indicates that amendments to the IRA will be prioritized; and (ii) in August 2025, the Ministry of Labour, Small and Microenterprise Development held a tripartite National Stakeholder Consultation on the amendment of the IRA, during which the issue of section 34 was addressed. Taking due note of the above, the Committee firmly expects that the Government will take all necessary steps to ensure that section 34 of the IRA is modified so that, if no union in a specific negotiating unit meets the required threshold of representativeness to be able to negotiate on behalf of all workers, minority trade unions are able to negotiate, jointly or separately, at least on behalf of their own members. The Committee requests the Government to provide information on any evolution in this regard.

Articles 4 and 6. Representativeness for the purposes of collective bargaining in the public sector. For many years, the Committee has been referring to the need to amend section 24(3) of the Civil Service Act (CSA), which grants 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 with regret that the Government limits itself to stating that the exercise to revise the CSA remains ongoing. Recalling once again that decisions concerning the most representative organization should be made by virtue of objective and pre-established criteria so as to avoid any opportunities for partiality or abuse, the Committee reiterates its firm expectation that the necessary steps will be taken to ensure that section 24(3) of the CSA is modified accordingly. The Committee requests the Government to provide information on any developments in this regard.

Application of the Convention in practice. The Committee notes that the Government reports that between 2019 and May 2025, 13 collective agreements concluded with five different entities from the public utilities, banking and finance, manufacturing, and government services sectors were registered by the Industrial Court. Observing the limited number of sectors mentioned, the Committee requests the Government to provide information on the measures taken to promote collective bargaining in all sectors of activities covered by the Convention and to continue providing statistical data on the number of collective agreements concluded and in force in the country, specifying the sectors concerned, their level and scope, and the number of enterprises and workers covered.