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

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

Article 3 of the Convention. Right of organizations to organize their activities freely and to formulate their programmes. In its previous comments, the Committee has been referring for a number of years to the need to amend or repeal the following sections of the Industrial Relations Act (IRA): (1) section 59(4)(a) concerning the majority required for calling a strike; (2) sections 61(d) and 65 concerning recourse to the courts by either party or by the Ministry of Labour to end a strike; and (3) section 67 (in conjunction with the second schedule) and section 69 concerning services in which industrial action may be prohibited.

The Committee notes that the Government indicates in its report that: (1) the Industrial Relations Advisory Committee was established in February 2012, with the mandate, as stated in section 81 of the IRA, to keep this Act under review; (2) it has already commenced its review of the IRA with a view to making proposals to the minister for its development and reform, including in particular the modification of any of the provisions thereof; and (3) while noting that it can avail itself of the technical assistance of the ILO, the Government proposes to do so as work of the Industrial Relations Advisory Committee proceeds and should the need arise. The Committee takes note of these indications and hopes that concrete measures will be taken in the near future to amend or repeal the abovementioned sections of the IRA. The Committee requests the Government to indicate in its next report any progress made in this respect.

Finally, the Committee notes the comments from the International Trade Union Confederation (ITUC) dated 31 July 2012 which refer to issues already raised by the Committee. It also notes the Government’s reply to the comments made by the ITUC in 2008 and 2010, in particular that the alleged denial of the right of domestic workers to legally join trade unions is not accurate, and that the National Union of Domestic Employees was part of the tripartite delegation of Trinidad and Tobago and an active participant in the discussion of the Domestic Workers Convention, 2011 (No. 189), and Recommendation, 2011 (No. 201).