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Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

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The Committee notes that the Government has not provided its report.

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU), dated 10 August 2006, referring to pending legislative issues that are already under examination.

1. Article 4 of the Convention. The Committee recalls that for several years its comments have been referring to the need to amend provisions that afford a privileged position to associations that are already registered, without providing objective and pre-established criteria for determining the most representative association in the public service (section 24(3) of the Civil Service Act). The Committee requests the Government to adopt measures as indicated above and to provide information in this respect in its next report.

2. Promotion of collective bargaining. In its previous comments, the Committee referred to the need to amend section 34 of the Industrial Relations Act (IRA) in order to ensure that, in cases in which no trade union represents the majority of workers, the minority unions can negotiate jointly a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members. The Committee once again requests the Government to take the necessary measures to amend section 34 of the IRA as indicated above and to provide information in its next report on any measure adopted in this respect.

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