Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Abolition of Forced Labour Convention, 1957 (No. 105) - Trinidad and Tobago (Ratification: 1963)

Other comments on C105

Observation

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Article 1(c) of the Convention. Sanctions involving compulsory labour for various breaches of labour discipline. In its earlier comments, the Committee noted that sections 157 and 158 of the Shipping Act, 1987, under which penalties of imprisonment (involving compulsory labour pursuant to sections 255 and 269(3) of the Prison Rules) may be imposed for breaches of labour discipline in circumstances where the life, personal safety or health of persons are not endangered. The Committee requested the Government to take the necessary measures to amend the Shipping Act, in order to bring the abovementioned provisions into conformity with the Convention.

The Committee notes the Government’s indication in its report that the Ministry of Works and Transport, which has responsibility for overseeing the implementation of the Shipping Act, will recommend the amendment of the following provisions in order to provide for an appropriate fine instead of imprisonment: section 157(b) (wilfully disobeying any lawful command) and section 157(c) and (e) (continually disobeying any lawful command or wilfully neglecting duty and combining with any of the crew to disobey a lawful command or to neglect duty). The Government also indicates that section 158(a) and (b) which provides for imprisonment for seafarer desertion and when a seafarer neglects to join a ship, will be repealed. The Committee hopes that, within the framework of the amendments of the abovementioned sections of the Shipping Act, the Government will take the necessary measures to ensure that no penalties of imprisonment may be imposed on seafarers for breaches of labour discipline.

Article 1(d). Sanctions for participating in strikes. In its earlier comments, the Committee noted that pursuant to section 8(1) of the Trade Disputes and Protection of Property Act, a person employed in certain public services (but not limited in this respect to services whose interruption might endanger the life, personal safety or health of the whole or part of the population) who wilfully and maliciously breaks a contract of service, is liable to a fine or to imprisonment of three months. It also noted that pursuant to section 69 of the Industrial Relations Act, penalties of imprisonment (involving compulsory labour) could be imposed on certain categories of workers for participation in an industrial action. The Committee requested the Government to take the necessary measures, within the framework of the review of the Industrial Relations Act, to ensure that no penalties of imprisonment may be imposed on persons for the peaceful participation in a strike. It also requested the Government to provide information on the measures taken or envisaged to amend the Trade Disputes and Protection of Property Act.

The Committee notes the Government’s indication in its report that the Ministry of Labour is currently in the process of amending the Industrial Relations Act, Chapter 88:01. The Government also indicates that national tripartite consultations were held within the first quarter of 2016; subsequently a report was prepared for dissemination to the stakeholders for their comments, and once comments are received, further consultations would be conducted. With regard to the Trade Disputes and Protection of Property Act, the Government states that it has not taken any measures to amend the Act yet. Referring to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee hopes that within the framework of the amendment of the Industrial Relations Act, the Government will take the necessary measures to ensure that no penalties of imprisonment may be imposed on persons for the peaceful participation in a strike. It also requests the Government to provide information on any measures taken or envisaged to amend the Trade Disputes and Protection of Property Act in this regard.