FUTURE OF WORK AND NON-STANDARD FORMS OF EMPLOYMENT GOVERNANCE - - PowerPoint PPT Presentation

FUTURE OF WORK AND NON-STANDARD FORMS OF EMPLOYMENT – GOVERNANCE CHALLENGES

Presented by Gerard E. Pinard Consultant, Zatopek Solutions Inc.

ILO – SALISES RESEARCH CONSULTATION UWI St. Augustine Campus

2017 December 04

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INDUSTRIAL RELATIONS ACT (IRA)

Industrial Relations in Trinidad and Tobago is governed by the Industrial Relations Act, No 23 of 1972 Chapter 88:01 which was preceded by the Industrial Stabilisation Act 1965.

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AGENCIES UNDER THE IRA

• 1. Ministry of Labour – Conciliation Department

(MoL)

• 2. Registration

Recognition and Certification Board (RRCB)

• 3. Industrial Court of Trinidad and Tobago (IC)

ALL UNDER-RESOURCED AND IN DANGER OF COLLAPSING

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WHO IS A WORKER (IRA)

A “worker” means (a) any person who has entered into or works under a contract with an employer to do any skilled, unskilled, manual, technical, clerical or other work for hire or reward, whether the contract is expressed or implied, oral or in writing, or partly oral and partly in writing, and whether it is a contract

• f

service

• r

apprenticeship or a contract personally to execute any work or labour; (b) any person who by any trade usage or custom or as a result

• f any established pattern of employment or recruitment of

labour in any business or industry is usually employed or usually

• ffers himself for and accepts employment accordingly; or

(c) any person who provides services or performs duties for an employer under a labour only contract

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WHO IS NOT A WORKER

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WHO IS NOT A WORKER

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WHO IS NOT A WORKER

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"employer" means a person who employs a worker and the term shall include- (a) such persons acting jointly for the purpose

• f collective bargaining;

(b) an association or organisation of employers that is a trade union registered under the Trade Unions Act; and (c) a person for whose benefit work or duties is

• r are performed by a worker under a labour
• nly contract, within the meaning of

subsection (4)(b);

WHO IS AN EMPLOYER (IRA)

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WHO IS AN EMPLOYER (IRA)

(4) For the purposes of this Act- (b)Where a person engages the services of a worker for the purpose of providing those services to another, then, such other person shall be deemed to be the employer of the worker under a labour only contract.

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THE SYSTEM IS BROKEN

1) Economy in shambles 2) Competitiveness declining steadily 3) Unemployment increasing 4) Meanwhile, “we jamming still”!

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COMPETE OR DIE – choose

1) Legislation

• utdated

and counter- productive– punitive rather than collaborative 2) Work vs Employment - Change of mindset needed 3) Current

• ne-on-one

Employer/Worker model is dead or dying 4) Businesses need flexibility in

• rder

to survive and grow 5) Workers need guaranteed basic rights

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WHOLESALE CHANGE NEEDED

1) Tinkering with IRA is not enough – we have already missed the boat 2) Focus must be

• n

productivity and competitiveness of businesses 3) State needs to accept responsibility for guaranteeing basic rights 4) Setting up of Labour Co-operatives and

• ther Worker Pools?

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MINIMUM TERMS & CONDITIONS 1) Maximum Working Hours 2) Annual Vacation Leave 3) Sick Leave 4) Maternity/Paternity Leave 5) Life Insurance Coverage 6) Unemployment Insurance 7) Meaningful Post-retirement Benefits that are portable

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BACK TO THE TABLE

TRIPARTITE DIALOGUE NEEDS TO BE RE-ACTIVATED AMONG LABOUR, BUSINESS AND GOVERNMENT (TRIPARTITE SOCIAL AND ECONOMIC COMPACT 2000 REBOOTED)

QUESTIONS? THANK YOU

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