Employment relations

WHEN one attains the age of majority, working or fulfilling duties regularly for wages or a salary is an inevitable part of the transition from dependency to autonomy. Skilled or domestic worker, professional or public servant, society cannot function without an honest and efficient workforce adding to its productivity and economic growth.

It is generally understood that secure employment ensures a socially functional family structure and contributes to the overall development of the human resource. Yet, commonly, employees are the most vulnerable in the world of work, and are usually the subject of injustice, workplace abuse and mistreatment.

In TT, employment issues such as workers' rights are protected by law. Some of these rights include minimum wage, rate of pay, maternity benefits and vacation and sick leave.

Legislation such as the Equal Opportunity Act chapter 22:03, the Minimum Wages Act chapter 88:04 and the Maternity Protection Act chapter 45:57, encapsulate the rights of the employee and seek to balance the scales in the employer/employee relationship.

These laws act as safety nets for citizens, by codifying their legal rights and providing recourse in the event of non-compliance.

With effect from January 2015, the minimum wage as determined by the Minimum Wages Board in accordance with the Minimum Wage Act was set at $15. In the event of an employer's non-compliance, employees are able to exercise their rights and report employers to their trade union or the minister of labour.

Payment of national insurance contributions is another issue of major concern. Under the national insurance system, employed people have access to benefits that include assistance with maternity, sickness, funeral grants and employment injury.

Payment of this contribution is shared between the employer and employee in accordance with the National Insurance Act Chapter 32:01. The employer is statutorily obligated to deduct the employee’s share of the contribution and is responsible for remitting the total contribution to the National Insurance Board. Where an employer fails to make any contribution, or contravenes any other requirement of the act, they are in violation of the law and can be fined.

Occasionally, female employees require leave to facilitate giving birth and the Maternity Protection Act allows for maternity leave and related benefits. It provides for 13 weeks maternity leave with one month's pay during such leave.

Importantly, the law ensures that an employee on maternity leave has the right to return to work in a position no less favourable than she left. In the event of the child’s death during the period of leave, an employee is entitled to the remaining period of leave with pay. Where an employee has not yet proceeded on maternity leave and has a premature birth, where the child dies either at birth or 13 weeks after, she is still entitled to her full or remaining period of leave with pay. Under the act, employees are also allowed time off, with pay, for the purpose of receiving prenatal medical care.

Industrial relations in TT can be contentious at best. This policy is based on voluntary collective bargaining between employers, employees, labour/trade unions and employment organisations. The Industrial Relations Act chapter 88:01 sets the standards for the practice of industrial relations in TT and sets a legal framework in which parties bargain collectively, settle disputes and seek arbitration at the Industrial Court.

The employment relationship between the State and its employees such as civil servants and teachers is for the most part governed by legislation, and sets standards for inter alia, terms of employment, pension and leave entitlement. Where the issue of collective bargaining is concerned, the respective association, bargains with the Chief Personnel Officer who is deemed to be the employer of state employees under the Industrial Relations Act. Wage increases and other allowances are usually at the helm of collective bargaining, with threats of possible strike or walkouts if the terms of the prospective memorandum of agreement are not met. Private sector bargaining is of a different nature where efforts at discourse are usually undertaken by the individual companies and an appointed union which represents the interest of the employees.

The Labour Market Inspectorate division of the Ministry of Labour and Small Enterprise Development is set up to ensure that both employers and employees are aware of the rights of workers, and that these rights are respected.

To act is to be empowered, and to be empowered is to be aware of your rights and responsibilities. Only then can the world of work function for all players involved, and productivity guaranteed.