Union: Law reform needed to protect workers in 2021

President General of the All Trinidad General Workers Trade Union Nirvan Maharaj is calling on the government to make legislative reform a priority to prevent mass retrenchment in 2021.

The union also suggested, in a release on Thursday, that the government work towards dealing with the steady increase of unemployment, caused by restrictions to reduce the spread of covid19, through the protection of the law.

It said reform is necessary during the pandemic especially “when many companies unjustifiably are attempting to use covid19 as an excuse to circumvent existing collective agreements, reduce the labour force and force existing workers to multi-task and do two and three jobs at the same time, unilaterally implement decisions adversely affecting workers, exploit and oppress workers to the maximum.”

It said management, the government, workers and unions must work together to ensure company survivability and worker employability.

For 2021, the union recommends the government start with increasing the minimum wage to $20 an hour, “in order to assist in buffering the increased cost of living.”. The minimum wage is $17.50 at present.

Tthe union believes the government must then turn its focus of reform to the Retrenchment and Severance Benefits Act and the Companies Act to ensure workers are paid their benefits if the company crashes.

“This is to ensure that companies cannot use full retrenchment as an excuse to escape their financial obligations to workers.”

It is also important to establish an indemnity fund to which foreign-based companies must contribute, it argued. It said this can provide terminal benefits to workers in the event of the closure of a foreign company “and/or the upholding of any judgements made against these companies by our legal jurisdiction.”

The reform of the Registration, Recognition and Certification Board, the Industrial Relations Act – to ensure that the Industrial Court can enforce the awards and judgements it delivers – along with the reform of the hiring process of Industrial Court judges must also happen.

“There is also the urgent need for security of tenure of judges and adequate compensation to ensure fair and impartial judgements at all times and the maintaining of the independence of the Industrial Court.”

The union argued that many companies ignore awards and judgements, knowing the process can be daunting for unions and ordinary workers.

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