saint vincent and the grenadines review · review and analysis of compliance of the national labour...

REVIEW AND ANALYSIS OF COMPLIANCE OF THE

NATIONAL LABOUR LEGISLATION OF SAINT VINCENT AND THE GRENADINES WITH CARICOM MODEL LABOUR LAWS

May, 2007

By: Clive Pegus Table of Contents I. INTRODUCTION .......................................................................................... 3

Legal status of CARICOM Model Law and ILO Conventions in Saint Vincent and the Grenadines.............................................................................................. 4 Legal Obligations of Saint Vincent and the Grenadines..................................... 6 Applicable Legislation of Saint Vincent and the Grenadines............................. 6

II. Termination of Employment.......................................................................... 7 Introduction......................................................................................................... 7 Scope of Application........................................................................................... 7 Contract of employment ..................................................................................... 7 Continuity of employment .................................................................................. 8 Protection of employment................................................................................... 8 Termination of employment ............................................................................... 8 Termination Notice ............................................................................................. 9 Summary dismissal ........................................................................................... 10 Unfair dismissal ................................................................................................ 10 Burden of proof................................................................................................. 11 Disciplinary action............................................................................................ 11 Remedies........................................................................................................... 11 Transfer of business .......................................................................................... 11 Redundancy and Severance Pay ....................................................................... 11 Winding up........................................................................................................ 13

III. Registration, Status and Recognition of Trade Unions and Employers’ Organizations ........................................................................................................ 14

Introduction................................................................................................... 14 Scope of application...................................................................................... 14 Basic employee rights ................................................................................... 14

Freedom of association and protection for employees ..................................... 15 Protection of trade union from employer interference.................................. 15 Basic employer rights ................................................................................... 15 No compulsion to join or not to join an organisation ................................... 16 Membership .................................................................................................. 16

Review and Analysis of Compliance of the National Labour Legislation of Saint Vincent and the Grenadines with CARICOM Model Labour Laws

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Federation ..................................................................................................... 16 Remedies....................................................................................................... 16

Registration and status ...................................................................................... 16 Registration of organisation.......................................................................... 16 Cancellation of registration........................................................................... 18 Annual return ................................................................................................ 18 Legal status ................................................................................................... 18 Amalgamation............................................................................................... 18 Safeguard for Members of Organisations ..................................................... 18

Recognition of Bargaining Rights .................................................................... 18 Tripartite body for certification .................................................................... 18 Application procedures ................................................................................. 18 Appropriateness of bargaining unit............................................................... 19 Employer recognition or notice .................................................................... 19 Determination by poll ................................................................................... 19 Compulsory recognition and duty to negotiate in good faith ....................... 20 Closing of undertaking.................................................................................. 20

Collective Agreements...................................................................................... 20 IV. Equality of Opportunity and Treatment in Employment and Occupation 22

Objectives ......................................................................................................... 22 Status of ILO Conventions................................................................................ 22 Principles........................................................................................................... 22 Status of compliance in Saint Vincent and the Grenadines .............................. 23 Equal remuneration for equal work .................................................................. 24 Gaps in legislative framework .......................................................................... 24

V. Occupational Safety and Health and the Working Environment.................. 25 Content of CARICOM Model Labour Law...................................................... 25 Scope of Application......................................................................................... 25 Registration of Industrial Establishments and Mines ....................................... 25 Administration .................................................................................................. 26 General Occupational Safety and Health Requirements................................... 26 Duties of employer, workers and other persons................................................ 26 Duties of Workers ............................................................................................. 27 OSH Committees .............................................................................................. 28 Notices .............................................................................................................. 28 Enforcement...................................................................................................... 28

VI. Recommendations..................................................................................... 29 Termination of Employment............................................................................. 29 Registration, Status and Recognition of Trade Unions and Employers’ Organizations .................................................................................................... 29 Equality of Opportunity and Treatment in Employment and Occupation........ 29 Occupational Safety and Health and the Working Environment...................... 30


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I. INTRODUCTION

This study undertakes a detailed audit and assessment of the extent to which existing national legislation of Saint Vincent and the Grenadines complies with the CARICOM model labour harmonization legislation in the areas of:

• Termination of employment; • Registration, status and recognition of trade unions and employers’

organizations; • Equality of opportunity and non-discrimination in employment; and • Occupational safety and health and the working environment.

These model laws, which were adopted by the CARICOM Standing Committee of Ministers responsible for Labour in 1995 and 1997 for implementation by Member States, are based on the core labour standards of the ILO and seek to mirror relevant ILO Conventions, namely:

• Termination of Employment Convention, 1982 (No. 158); • Freedom of Association Convention, 1948 (No. 87); • Right to Organise and Collective Bargaining Convention, 1949 (No. 98); • Equal Remuneration Convention, 1951 (No. 100); • Discrimination (Employment and Occupation) Convention, 1958 (No.

111); • Occupational Safety and Health Conventions.

In fact, among the stated objectives of the first three named CARICOM Model Labour Laws is to give effect to the related ILO Conventions. The other CARICOM Model Labour Law appears compatible with the standards established in core ILO Occupational Safety and Health (OSH) Conventions and Recommendations. It should be noted however that the ILO has adopted several OSH instruments since the approval of the CARICOM OSH Model Law. In particular, the ILO adopted in 2002 a Protocol to Convention No. 155 to regulate further the recording and notification of occupational accidents and diseases, which should be considered by all CARICOM Member States in their efforts to implement the CARICOM Model Labour Laws. While the primary focus of the study is concerned with compliance of Saint Vincent and the Grenadines with the CARICOM Model Labour Laws, comparisons are made with the applicable ILO Conventions. This approach has practical value in the light of Saint Vincent and the Grenadines’s obligation under international law and ILO jurisprudence to comply with treaties that it has ratified and with core international labour standards and to submit periodic reports on such compliance to the Committee of Experts on the Application of Conventions and Recommendations. In fact, Saint Vincent and the Grenadines’s obligation to comply with ratified ILO Conventions and core fundamental labour standards has


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greater legal force within Saint Vincent and the Grenadines than that of its obligation with respect to the CARICOM Model Law. This study is based essentially on legislative compliance. Its remit does not include other sources of law such as the common law or case law. It also does not focus on what may be accepted and practised as good industrial relations principles within Saint Vincent and the Grenadines. The intention is to ensure that the legislation in Saint Vincent and the Grenadines becomes fully compliant with the CARICOM Model Law and its ILO obligations. While this assessment seeks to address the salient provisions of the CARICOM Model Labour Laws and related ILO Conventions and in particular gaps and inconsistencies in the legislation of Saint Vincent and the Grenadines, it does not address every single provision. Consequently, absence of comment on any particular provision of the CARICOM Model Labour Laws should not be construed as an acknowledgement of compliance by Saint Vincent and the Grenadines.

Recommendations are made regarding amendments required to address gaps and inconsistencies in Saint Vincent and the Grenadines’s legislation with a view to achieving compliance with the CARICOM Model Laws and applicable ILO Conventions. It must be noted that these recommendations emanate from a purely technical assessment of the legislation against the benchmark of the CARICOM Model Labour Laws and relevant ILO Conventions. It is recognised that the soundness and practicability of the proposed amendments are matters to be determined the Government of Saint Vincent and the Grenadines through the consultative process with the social partners in the labour movement and the employers’ federation. The final determination of the practical value and soundness of the recommendations must be that of the people of Saint Vincent and the Grenadines in general and the social partners in particular. It is therefore anticipated that the findings and recommendations of the study will be subject to review by the social partners of Saint Vincent and the Grenadines.

Legal status of CARICOM Model Law and ILO Conventions in Saint Vincent and the Grenadines The CARICOM Model Labour Laws were adopted by the CARICOM Ministers of Labour for implementation by Member States. While Members States are expected to implement the model law as an important requirement of the CARICOM Single Market and Economy, there is no legal obligation to ensure compliance; the CARICOM Model Laws are precatory and non-binding; and non-compliance does not invite any sanctions. The non-binding nature of the CARICOM Model Law contrasts with the binding nature of a ratified ILO Convention. One fundamental principle of international


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law is that treaties are binding upon the parties to them and must be performed in good faith. This rule known as pacta sunt servanda is one of the oldest principle of international law, now re-affirmed in Article 26 of the Vienna Convention on the Law of Treaties. Moreover, Article 27 of the Vienna Convention on the Law of Treaties prevents a party from invoking the provisions of its domestic law as justification for its failure to perform an obligation under the treaty. It should be noted that Saint Vincent and the Grenadines has not ratified the Termination of Employment Convention, 1982 (No. 158) or any of the 18 core Occupational Safety and Health (OSH). It should be noted also that the International Labour Conference at its Eighty-eight Session declared that all Members of the ILO, which includes Saint Vincent and the Grenadines, have an obligation, arising from the very fact of membership in the Organization, to respect, to promote and to realize, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are subject to those Conventions, namely:

(a) freedom of association and the effective recognition of the right to collective bargaining;

(b) the elimination of all forms of forced and compulsory labour; (c) the effective abolition of child labour; and (d) the elimination of discrimination in respect of employment and

occupation. Thus, it is important from an international law perspective for the domestic law of Saint Vincent and the Grenadines to be consistent with its international legal obligations. The question arises as to how a treaty or convention ratified by Saint Vincent and the Grenadines becomes domestic law within the jurisdiction of Saint Vincent and the Grenadines. Saint Vincent and the Grenadines has a dualist and not a monist legal tradition. In a dualist legal system, unlike a monist system, treaties when ratified are not automatically incorporated into the domestic law of the ratifying State. The process of incorporation of the provisions of an international treaty, where not consistent with or not a part of existing domestic law, requires the enactment of legislation. The process of legislation in Saint Vincent and the Grenadines, as is the case of all Parliamentary systems of democracy, is at times a time-consuming and cumbersome process. Saint Vincent and the Grenadines may wish therefore to consider the adoption of the good practice of Belize, which provides through its International Labour Organization Conventions Act, Chapter 304:011 for the automatic incorporation in domestic law of ILO Conventions ratified by Belize, regardless of any conflicting law. In fact, where the ratified ILO Convention conflicts with an existing law in Belize, the provision of the ILO Convention

1 www.belizelaw.org


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prevails. This procedure is an efficient method of incorporating a ratified ILO Convention into domestic law. Of course, the automatic incorporation is subject to democratic and Parliamentary safeguards in that prior to ratification the treaty is laid before Parliament subject to negative resolution procedure. Parliament must have a say as to whether the treaty should be ratified in the first place. For the system of automatic incorporation of a treaty to be effective within the democratic framework, the ratification process must not be seen as an exclusive executive act. It must be subject to Parliamentary scrutiny. Legal Obligations of Saint Vincent and the Grenadines Saint Vincent and the Grenadines therefore has a legal obligation under international law and ILO jurisdiction to comply with the following ILO Conventions that it has ratified or acceded to and that are subject of this study:

• Freedom of Association Convention, 1948 (No. 87); • Right to Organise and Collective Bargaining Convention, 1949 (No. 98); • Equal Remuneration Convention, 1951 (No. 100); • Discrimination (Employment and Occupation) Convention, 1958 (No.

111). It should be noted that Saint Vincent and the Grenadines has not ratified any of the 18 core ILO Occupational Safety and Health Conventions. One can argue that the provisions of these Conventions, which are relevant to this study, are not only international treaty law but also peremptory norms of international labour law. Applicable Legislation of Saint Vincent and the Grenadines The statutes of Saint Vincent and the Grenadines which seek to incorporate provisions relevant to the CARICOM Model Laws and the applicable ILO Conventions are:

Protection of Employment Act, 2003 Equal Pay Act, 1994 Labour Relations Act, 2001 Factories Act, Chapter 335.


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II. Termination of Employment Introduction The objectives of the CARICOM model legislation on termination of employment (in this section referred to as “CARICOM Model Labour Law”) are:

(a) to give effect to the provisions of the ILO Convention concerning Termination of Employment, 1981 (No. 158);

(b) to confer upon employees the right to continuity of employment and protection against unfair dismissals; and

(c) to establish procedures for employers to follow to terminate an employment relationship in a fair and equitable manner.

It should be noted that Saint Vincent and the Grenadines has not ratified the ILO Convention No. 158. Its Protection of Employment Act, 2003 addresses in a substantial manner the scope of issues contained in the CARICOM Model Law or the ILO Convention No. 158, including terms and conditions of employment, continuity of employment, termination of employment, unfair dismissal, redundancy and severance pay, burden of proof and remedies. Scope of Application The provisions of Part 11 of the model legislation (contracts of employment) apply to all contracts of employment with certain categories of exemption listed in section 10 (fixed term or fixed task contracts of less than six weeks, employee of a family member and employees with collective agreements). ILO’s Convention 158 applies to all branches of economic activities and to all employed persons except fixed term or specific task workers, workers during their probationary period and workers engaged on a casual basis for short terms. The Convention also provides for Governments after consultation with workers’ and employers’ representative organizations to exclude categories of workers whose terms and conditions are governed by special arrangements, which facilitate protection equivalent to the Convention. Contract of employment Saint Vincent and the Grenadines Protection of Employment Act, 2003 provides for a probationary period and an obligation on the employer to provide a written contract of employment to his/her employee within seven days. Section 7 (1) provides that probationary period shall not exceed six months. It should be noted here that the CARICOM Model Labour Law provides for the probationary period to be a period of three months from appointment, subject to an extension upon agreement of an employer and an employee for a period not to exceed six months.


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Section 8 provides that save in the case of daily paid and weekly paid workers, an employer shall inform an employee in writing of the terms and conditions of employment and such terms and conditions shall include:

(a) date of commencement; (b) name and address of the parties; (c) rate of pay and pay period; (d) probationary period, if any; (e) hours of work including time off and rest period, if any; (f) rate of vacation, sick leave and maternity leave; (g) duties to be performed.

There is no requirement for the contract of employment to include a provision for the termination of the contract, although the Act makes adequate provisions for termination of employment. Continuity of employment Section 24 of the Saint Vincent and the Grenadines Protection of Employment Act 2003 provides that cessation of employment of or by an employee for the following reasons shall not constitute a break in the continuity of employment:

(a) a trade dispute; (b) accident, sickness, injury or absence during any period of maternity

leave as certified by a medical practitioner; (c) operation of any other law; (d) act of God; (e) any agreement with the employer; (f) absence permitted or condoned by the employer; (g) suspension or temporary ay off where there is no severance payment to

which the employee would normally be entitled. Section 20 also preserves the continuity of employment where there is a change in ownership of a business. It provides that the sale of a business shall not affect the accruing or accrued rights of the employees and that the successor employer remains liable. Protection of employment Section 5 protects an employee against unfair termination of employment without good cause. It provides that the employment of a worker shall not be terminated for reasons related to his employment before he is provided an opportunity to defend himself against the allegations made except in cases where the employer cannot reasonably be expected to provide such opportunity. Termination of employment Section 6 provides for termination of a fixed term contract of employment on the expiration of the term.


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Section 9 provides for termination with good cause without severance pay where the employee:

(a) has been found guilty of misconduct in or in relation to employment which is of such a nature that it would be unreasonable to expect the employment relationship to continue;

(b) has (i) been guilty of repeated misconduct or unsatisfactory performance which in the first instance is not sufficiently serious to warrant dismissal under paragraph (a) above and is of such a nature that employer could not reasonably be expected to continue his employment if such conduct is repeated; or (ii) not been performing satisfactorily and during any period within six months, the employee has been warned by employer in writing or orally in the presence of two credible witnesses on more than one occasion whereby the employer has indicated the nature of his conduct or his unsatisfactory performance and the action which the employer intends to take and thereafter no improvement in the conduct or the performance has resulted.

(c) has been found guilty of a criminal offence relating to his employment, without the connivance, expressed or implied, of the employer;

(d) does not have the capacity or qualification to perform the work of the kind he was employed to do

Provided that the employer has given at least two warnings to that effect and within three months thereafter no rectification of defect or deficiency

(e) cannot be retained in the position he held without contravention by him of some existing law.

In all other cases, where the employer desires to terminate for reason other than those set out in section 9.2 on the ground that no reasonable employer can continue to employ the employee in that position, the employer may in accordance with section 10 file a petition to the Labour Commissioner seeking permission for termination pursuant to Part 1V. The Labour Commissioner is required to give notice to the employee and the employee has a right to be heard. The employer may also terminate the employment of an employee on medical grounds where he or she is incapable of performing his or her duties due to physical or mental illness over a period of six months and likely to be permanent. In this regard, the employer is required to inform the Labour Commissioner and the employee is eligible for severance pay. Termination Notice An employee by virtue of section 13 is required to give a minimum of two weeks notice in writing of his/her intention to terminate the employment unless nature of work longer period is customarily given. An employer is required to give the following period of notice of termination:


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(i) in respect of a weekly paid employee with less that one year’s service, one week’s notice;

(ii) in respect of a weekly paid employee with more than one year but less than three year’s service, two weeks’ notice;

(iii) in respect of a weekly paid employee with more than three years but less than six years’ service, three weeks’ notice;

(iv) in respect of a weekly paid employee with more than six years’ service, four weeks’ notice

(v) in respect of a fortnightly paid employee with under two years of service, two weeks’ notice;

(vi) in respect of a fortnightly paid employee with more than two years but less than six years’ service, three weeks’ notice;

(vii) in respect of a fortnightly employee with over six years’ service, four weeks’ notice;

(viii) in respect of monthly paid employees, four weeks’ notice. No notice is required in summary dismissal. The effective date of termination date is deemed to be the date on which notice expires or where no notice given date on which termination takes effect. Summary dismissal Section 15 provides that an employer may summarily dismiss an employee without notice or severance pay where the employee is found to be guilty of serious misconduct pertaining to his employment if conduct of such nature that it would be unreasonable to require employer to continue employment relationship. The serious misconduct must be directly related to the employment relationship and has a detrimental effect on the employer’s business. Unfair dismissal Section 16 prohibits an employer from terminating the employment of an employee on the following grounds:

(a) trade union membership or participation in lawful trade union activities outside working hours or with the employer’s consent within working hours;

(b) seeking office or acting in capacity of a workers’ representative; (c) making a complaint or participating in proceedings against

employer involving an alleged violation of laws or regulations (d) race, colour, sex, marital status, pregnancy, religion, political

opinion, nationality or social origin; (e) reasonable absence from work due to family responsibilities; (f) maternity leave certified (g) absence due to illness or injury with medical certificate by third

day; (h) jury service


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It should be noted that disability and HIV status are not included in the prohibition grounds. Burden of proof The onus of proving that the dismissal was reasonable in the circumstances lies with the employer2. Disciplinary action Section 19 gives the employer the right to take disciplinary action when it is reasonable to do so having regard to circumstances. Disciplinary action includes (a) verbal warning (b) written warning (c) suspension or (d) demotion. The employer shall have regard to nature of violation, terms of contract, duties, nature of damage and previous conduct. No fine or monetary penalty may be imposed except where restitution would be appropriate following an agreement between parties. Where employee is of the opinion that the action is unreasonable he/she may refer the matter to Commissioner under Part 1V. Remedies According to section 17, where the Commissioner, Hearing Officer or Tribunal finds complaint substantiated, employer may be ordered to:

(a) reinstate if appropriate and both parties agree; (b) re-engage in comparable or suitable work or position; (c) pay severance benefits.

Transfer of business By virtue of section 20, the change of ownership of an undertaking whether by sale or other disposition shall not affect the rights accruing or accrued to employee at time of sale or disposition and buyer and seller jointly and severally responsible for such rights. The rights and obligations accrued and accruing together with name and address of new owner shall be recorded with the Commissioner at time of sale or disposition of business where the services of an employee are continued. Redundancy and Severance Pay An employer may terminate the employment of an employee on grounds of redundancy. This occurs where the termination is part of a reduction in work force as a direct result of:

(a) modernization or automation; (b) sale or disposition; (c) reorganisation; (d) discontinuance; (e) impossibility or impracticability to carry on at usual level as a result of

(i) materials shortage (ii) act of God; breakdown of equipment; (f) operations reduction due to economic circumstance

2 Section 18, Protection of Employment Act, 2003


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The employer is required to inform the recognised union or if none, the employees’ representative and the Labour Commissioner in writing one month prior to termination of five or more employees and shall inform them of:

(a) circumstances giving rise to the redundancy; (b) reasons for the redundancy; (c) number and categories persons intended to be retrenched; (d) period during which the retrenchment shall take place ; and (e) result of consultations with union

By virtue of section 25, severance pay is calculated as follows”

(a) two weeks pay for each year continuous service from two years to ten years;

(b) three weeks pay for each year of continuous service from eleven to twenty-five years;

(c) four weeks pay for each year in excess of twenty-five years. According to section 26, where there is change in ownership or operation of a business or where the employer dies, the employee is not entitled to severance pay if the contract of employment continues or if he or she is offered new contract of employment on terms and condition no less favourable than his or her earlier contract. In addition, where an employee becomes entitled to severance pay and he or she takes up another employment with lesser pay from the same employer, his or her entitlement to severance pay shall not be affected. According to section 29, where an employee has been demoted or given employment on diminished wages by his or her employer on any date, the services of the employee in the earlier employment shall be deemed, for purposes of the Act, to have been terminated on that date and the employee shall be entitled to severance pay accordingly. Every employer is required to maintain accurate record of date of employment for each employee. The record should be available for inspection by employee3. Failure to do so is an offence. Section 33 provides that where an employee, who is entitled to the payment of pension or gratuity or both from an employer, ceases to be employed in circumstances where pension, gratuity or both are payable upon the termination of his or her services, he or she shall not be entitled to severance pay unless it is less than the severance in which case the difference may be paid in severance. When services are terminated, the employer shall provide worker with information on (a) date of employment (b) category of employment and (c) reason for termination.

3 Section 31, Protection of Employment Act, 2003


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Winding up Section 21(1) provides that where an employer’s business is wound up or becomes insolvent, the employment relationship shall be terminated one month from the date of winding up or the appointment of receiver. This provision does not apply where the business continues to operate. Section 21 (3) provides that where the employer’s business is wound up or a receiver has been appointed, an employee or any person legally entitled to claim on his or her behalf payment to which he or she is entitled shall have priority over all other creditors including the Crown for following sums:

(a) wages, overtime pay, commissions and other forms of remuneration relating to work performed during the twenty six weeks preceding the date of winding up proceedings or the appointment of a receiver;

(b) outstanding holiday pay for work performed during the last two years; (c) sums owing in respect of other types of paid absence accrued during the

preceding twelve months; (d) severance pay, compensation for unfair dismissal and other payments

that are owing in respect of the termination of employment.


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III. Registration, Status and Recognition of Trade Unions and Employers’ Organizations

Introduction The stated objectives of CARICOM Harmonization Act Regarding Registration, Status and Recognition of Trade Unions and Employers’ Organisations (referred to in this section as “CARICOM Model Labour Law”) are:

(a) to give effect to the provisions of National Constitutions on freedom of association, the ILO Conventions on Freedom of Association, No. 87 (1948) and on the Right to Organise and to Collective Bargaining, No. 98 (1949);

(b) to establish procedures for the registration and status of trade unions and employers’ organisations;

(c) to promote and protect the recognition of trade unions; and (d) to encourage orderly and effective collective bargaining.

Unlike the ILO Convention on Termination of Employment, No. 158 (1981), Saint and Nevis, together with all other CARICOM Member States have ratified the ILO Conventions on Freedom of Association, No. 87 (1948) and on the Right to Organise and to Collective Bargaining, No. 98(1949). In addition, the principles and standards inherent in ILO Conventions No. 87 and 98 are fundamental principles of international labour law, which all ILO Members, even if they have not ratified the Conventions in question, have an obligation, arising from the very fact of membership in the ILO, to respect, to promote and to realise in good faith4. Scope of application The Labour Relations Act, 2001 deals with the registration, status and recognition of trade unions and employers’ organisations. The Act applies to all employees except members of the disciplined forces, interpreted to include the police, prison and fire services. There are no national regulations, which make provision for rights of association of police, fire and prison services as required in the CARICOM Model Law. Basic employee rights The Labour Relations Act in section 4 provides for all the basic employee rights mentioned in the CARICOM Model Legislation. It provides that every employee has the right to:

(a) take part in the formation of any trade union; (b) be a member of any trade union; (c) take part in lawful trade union activities; (d) hold office in any trade union; (e) take part in the election of shop stewards or safety representatives within

the trade union; 4 ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, Paragraph 2


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(f) be elected or act in the capacity of a shop steward or safety representative or be a candidate in an election of a trade union;

(g) exercise any right conferred or recognised by this Act or any national law and assist any employee, shop steward, safety representative or trade union in the exercise of such rights.

For the purposes of this section, a trade union includes a federation of trade unions. Freedom of association and protection for employees The measures outlined in the CARICOM Model Legislation for the protection of employees are contained in the Labour Relations Act, 2001. Section 5 of the Labour Relations Act, 2001 provides that: An employer or employers' association, and any person acting on behalf of that association, with respect to any employee or any person seeking employment shall not –

(a) prohibit that employee or person seeking employment from becoming a member of a trade union or require that employee or person seeking employment to relinquish his/her trade union membership;

(b) discriminate or take any prejudicial action against an employee or person seeking employment by reason of his/her trade union membership or because of his/her participation in lawful trade union activities or because of his/her exercise or anticipated exercise of any right conferred or recognised under this Act or any other Act relating to employment relations;

(c) (threaten such employee or person that he or she will suffer any disadvantage from exercising any right conferred or recognised under this Act or under any national law or under any collective agreement;

(d) promise such employee or person any benefit or advantage for not exercising any right conferred or recognised under this Act or under any national law on employment or labour relations.

Protection of trade union from employer interference The provisions of the CARICOM Model Labour Law relating to the protection of trade unions from employer interference are contained in the Labour Relations Act, 2001. Section 6 of that Act provides that no person do any act designed to promote the establishment of a trade union under the control of an employers' association, or to support by financing or other means any trade union with the object of placing the trade union under the control of an employers' association. Basic employer rights The provisions of the CARICOM Model Legislation are contained in the Labour Relations Act, 2001. Section 7 of the Act provides that every employer has the right to -

(a) take part in the formation of an employers' association;


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(b) be a member of any employers’ association, and take part in its lawful activities;

(c) hold office in any employers’ association; (d) exercise any and all rights conferred or recognised by this Act or

national law on employment or labour relations, and assist any employer or employers' association in the exercise of such rights.

No compulsion to join or not to join an organisation Section 8 of the Labour Relations Act, 2001 prohibits any person from seeking by the use of any threat or intimidation, to compel or coerce any other person to join or not to join, or to support or not to support, a trade union or employers' association. Membership Section 9 confers upon any person eligible for membership in a trade union or employers' association the right to membership in that organisation if he or she pays any fees that are properly payable to it, and such person has the right to remain a member as long as he or she complies with the rules of the organisation. Moreover, a trade union or employers' association shall not in its constitution violate in any manner the provisions of the Equal Pay Act or discriminate through its actions against any person on the grounds of race, sex, religion, ethnic origin, political opinion, disability, age, pregnancy, marital status or family responsibilities. Federation Section 10 provides that a trade union or employers’ association may for, participate in, be affiliated or contribute to, or join any national or international trade union or employers’ association. Remedies Section 11 provides for remedies for any person aggrieved by a decision of a trade union or employers’ association with respect to an infringement of his/her rights and protection relating to the provisions on freedom of association contained in the Act. Where the allegation involves the dismissal or denial of employment, the burden of proof that the dismissal or denial of employment was not due to the fact that the employee or person is a member of a trade union or participates in its activities shall be on the employer. The Court has the power to make an order for reinstatement, restoration to the employee of any benefit, entitlement or advantage, or compensation. Registration and status Registration of organisation The Act provides for compulsory registration of trade unions and employers’ association. The organisation must submit three copies of its rules and have a


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minimum of twenty-five members. Provided that the Registrar is satisfied that the constitution is consistent with the Act and does not contain any provision that may be contrary to any law of Saint Lucia, the Registrar will register the organisation. It should be noted here that the CARICOM Model Law confers discretion on the national authority to determine the minimum membership threshold for the registration of a trade union5, whereas under ILO jurisprudence a minimum membership threshold of twenty-five is considered to be too high. The constitution of the organisation must contain some statutory provisions contained in the schedule to the Act, including the following information:

1) the name of the organisation; 2) the objects of the organization; 3) the qualifications for membership; 4) provision for the office-bearers in the organisation among whom shall be

the president or chairperson, a secretary or general secretary and treasurer;

5) provision for periodic elections to all offices and for the appointment of a temporary replacement if an office-holder becomes disqualified or incapacitated from holding office;

6) provision for a general meeting open to all members, at least once every two years;

7) a provision that any member or delegate may propose a resolution at a general meeting;

8) the fees and other subscriptions payable, and the maximum period of arrears permitted before a member loses his or her good standing;

9) the grounds on which an officer or member may be suspended or expelled from office or from membership, each ground being specified;

10) the procedure for suspension or expulsion from office or from membership, including provision that the affected officer or member be fully informed in writing of the allegations against him or her, that he or she shall have a reasonable opportunity to meet those allegations and shall have the right of appeal;

11) provision for the keeping of full and accurate records by the treasurer or other appropriate officer, for the annual audit of those accounts by an auditor appointed by the trade union or organisation who shall not be a member of that trade union or organisation, and for the availability to all members on request of full, audited annual statements of account;

12) provision for the banking and investment of the funds of the organisation;

13) provision for the paying out of the organisation's funds, including the authority to sign cheques;

14) the conditions under which a member may become entitled to any financial benefit provided by the organisation;

5 Section 13 (3) CARICOM Model Law regarding Registration, Status and Recognition of Trade Unions and Employers’ Organisations


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15) provision for the amending of the constitution; 16) the duration of its financial year; 17) the inspection of the register of members and other books of the

organisation by its members; 18) the manner of amalgamating with other organisations; 19) the manner of dissolving the organisation.

Cancellation of registration The Registrar has the power to cancel the registration of an organisation either at the organisation’s request, or on grounds that registration was obtained by fraud or mistake or for financial irregularity. The Registrar is required to give two months’ notice of his/her intention specifying the grounds of the proposed cancellation. An aggrieved person has the right of appeal to the High Court against the Registrar’s decision Annual return The organisation has a statutory duty to submit within six months after the end of each financial year to the Registrar an annual return with the audited annual financial statement. Legal status A registered organisation shall by virtue of section 20 of the Act be a body corporate with the capacity to contract, to hold property and to sue and be sued. Amalgamation An organisation may in accordance with its constitution and subject to the provisions of the Act amalgamate with any other organisation of its kind. Safeguard for Members of Organisations The Labour Relations Act provides in sections 24, 25 and 26 provisions similar to the CARICOM Model Legislation on compliance with constitution, improper election practices, and deposit and safeguard of funds. Recognition of Bargaining Rights Tripartite body for certification The Minister has a statutory duty to consult with the Labour Commissioner, and representatives of trade unions and employers’ association in the appointment of a tripartite body for recognition and certification of trade unions. Application procedures The provisions of the CARICOM Model Legislation are contained in the Labour Relations Act, 2001. Section 28 provides that a trade union claiming to have as members in good standing a majority of the employees of an employer in a bargaining unit may, subject to the provisions of this Part, make application to the


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tripartite body designated by the competent authority to be certified as the exclusive bargaining agent of the employees in the unit. All existing trade unions, which were certified as bargaining agents immediately before the coming into force of this Act, shall be deemed to be certified. If no collective agreement is in force and no trade union has been certified under this Part for the bargaining unit, the application may be made at any time. If no collective agreement is in force but a bargaining agent has been certified under this Part for the bargaining unit, the application may be made after the expiry of 12 months from the date of certification of the bargaining agent. If a collective agreement is in force the application may be made during the last three months of the term of the collective agreement or any renewal of it. Appropriateness of bargaining unit Section 30 provides for the procedures for the determination of the bargaining unit. The tripartite body shall on any application for certification under section 28 firstly determine the bargaining unit it considers appropriate in the circumstances and in so doing shall have regard to –

(a) the community of interest among the employees in the proposed bargaining unit;

(b) the nature and scope of the duties of the employees in the proposed unit; (c) the views of the employer and the trade unions concerned as to the

appropriateness of the bargaining unit; and (d) the historical development, if any, of collective bargaining in the

employer's undertaking. Employer recognition or notice The provisions of the CARICOM Model Legislation on employer recognition and notice are contained in section 31 of the Labour Relations Act, 2001. The employer has a duty to indicate whether he agrees to recognise the trade union as the bargaining agent for the bargaining unit or whether he/she doubts the trade union is entitled to recognition. The employer is required to provide reasons where he doubts the entitlement of the trade union. Determination by poll Section 33 provides for the majority organisation to be determined by poll where two or more trade unions have applied under section 27 in relation to the same bargaining unit, or where the one trade union has applied or where the employer has contested certification. A trade union must receive no less than fifty percent of the votes of the employees in the bargaining unit to qualify for certification as the bargaining agent of the bargaining unit. It should be noted that the minimum support of 50% employees in the bargaining unit to satisfy a claim for recognition is in accordance with the CARICOM Model


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Law. However ILO jurisprudence has recognised the principle of most representative organisation which allows a trade union that does not have this minimum level of support to negotiate at least on behalf of its members in the absence of any trade union with the minimum membership requirement. Compulsory recognition and duty to negotiate in good faith Section 39 of the Labour Relations Act 2001 provides for the compulsory recognition and a duty by the employer to negotiate in good faith where a trade union has been certified as the bargaining agent. The trade union also has a duty to provide full and proper representation of the interest of all the employees in the bargaining unit with respect to their rights under the collective agreement. However with respect to individual grievances an employee may be assisted by a representative of a trade union other than the certified trade union6. Closing of undertaking Section 41 of the Labour Relations Act, 2001 complies with the requirements of the CARICOM Model Legislation wit respect to the duty of an employer vis-à-vis the certified trade union where the employer proposes to close his/her undertaking. Such an employer is required to provide to the tripartite body and the trade union concerned with reasonable notice of intention, the reason for closure and the number and categories of workers to be affected. Collective Agreements The provisions of the CARICOM Model Legislation regarding the contents and enforceability of collective agreements and successor rights and obligations are complied with fully in sections 48, 49 and 50 of the Labour Relations Act. Section 48 provides that a collective agreement shall be committed to writing and signed by the parties to the agreement. It shall contain the date on which it is to become effective and effective procedures for the avoidance and settlement of rights and interests disputes, which procedures may include a reference of any dispute to conciliation, mediation or arbitration and for the settlement of all differences arising out of the interpretation, application and administration of the agreement. The Collective agreement may also provide for such other matters as may be agreed between the parties to the agreement. There is also a requirement to have the collective agreement lodged with the Minister of Labour or his or her designate. Section 49 provides that a collective agreement is binding, unless stated otherwise, on a trade union and the employer of the workers in the bargaining unit. It also provides that the terms of the collective agreement are deemed to be incorporated into the employment contract of each employee who is a member of

6 Labour Relations Act section 46


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the signatory trade union or a member of the bargaining unit for whom that trade union has been certified. With respect to successor rights and obligations, section 50 provides that if a business or a part of it is sold, leased, transferred, or otherwise disposed or –

(a) the purchaser, lessee or transferee is bound by all the proceedings under this Act that were commenced before the date of the disposition and the proceedings shall continue as if no change had occurred; and

(b) if a collective agreement is in force, it continues to bind the purchaser, lessee, or transferee to the same extent as if it had been signed by the purchaser, lessee or transferee.


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IV. Equality of Opportunity and Treatment in Employment and Occupation

Objectives The objectives of the CARICOM Model Harmonisation Act regarding Equality of Opportunity and Treatment in Employment and Occupation (hereinafter referred to in this chapter as “CARICOM Model Legislation”) are:

(a) to give effect to the provisions of the National Constitution; to the ILO Convention concerning Equal Remuneration, No. 100 (1951); to the ILO Convention concerning Discrimination In Employment and Occupation, No. 111 (1958); and to certain provisions in the UN Convention on the Elimination of All Forms of Discrimination Against Women;

(b) to eliminate, as far as possible, discrimination in employment and occupation against persons on the grounds of race, sex, religion, colour, ethnic origin, national extraction, social origin, political opinion, disability, family responsibilities, pregnancy or marital status;

(c) to promote recognition and acceptance of the principle of equal opportunity and treatment on the above grounds in employment, occupation and other related activities including education, vocational training, employment services, provision of goods and services, partnerships and professional trade organisations.

Status of ILO Conventions All thirteen CARICOM Member States, whose laws are reviewed in this study, except Suriname have ratified ILO Convention concerning Discrimination in Employment and Occupation, No. 111 (1958) and ILO Convention concerning Equal Remuneration, No. 100 (1951). All thirteen CARICOM Member States have ratified or acceded to the UN Convention on the Elimination of All Forms of Discrimination Against Women. Principles The fundamental principles underlying the CARICOM Model Legislation insofar as protection against unlawful discrimination is concerned are:

(i) any discrimination in employment or occupation based on race, sex, religion, colour, ethnic origin, indigenous population, national extraction, social origin, political opinion, disability, family responsibilities, pregnancy, marital status or age except for purposes of retirement and restrictions on work and employment of minors shall be unlawful;

(ii) the scope of application of the principles shall include all workers in the public and private sectors, professional partnerships, professional or trade organisations, qualifying bodies, vocational training bodies and employment agencies;


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(iii) the principles of unlawful discrimination and equality of opportunity shall also apply to the provision of goods, services and facilities, advertisements and application forms;

(iv) the prohibition against unlawful discrimination applies both to workers and to persons seeking employment;

(v) the prohibition against unlawful discrimination extends to terms and conditions of employment, including conditions of work or occupational safety and health measures, workplace facilities, and career development opportunities;

(vi) measures to promote equality of opportunity of a temporary nature shall not be deemed unlawful discrimination;

(vii) employers have a duty to ensure equal pay for work of equal value; except where otherwise provided, the person alleging a violation shall bear the evidential burden of presenting a prima facie case of discrimination and thereafter the burden shall shift to the respondent to disprove the allegation. Status of compliance in Saint Vincent and the Grenadines Section 16 (d) of the Protection of Employment Act, 2003 provides that an employer shall not terminate the services of an employee on the grounds of race, colour, sex, marital status, pregnancy, religion, political opinion, nationality or social origin. Discrimination on the grounds of family responsibility and disability is not included. Section 13 of Saint Vincent and the Grenadines Constitution provides that subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no persons shall be treated in a discriminatory manner by any persons acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

(3) In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such descriptions are not made subject or are recorded privileges of advantages which are not accorded to persons of another such description.

(4) Subsection (1) of this section shall not apply to any law do far as that law makes provision-

(a) for the appropriation of public revenues or other public funds; (b) with respect to persons who are not citizens; (c) for the application, in the case of persons of any such description as

is mentioned in subsection (3) of this section ( or of persons connected with such persons), of the law with respect to adoption,


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marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description;

(d) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.

Equal remuneration for equal work It should be noted that even though Section 2 (1) defines remuneration in a broad sense, consistent with CARICOM Model Labour Law and the relevant ILO Convention. However, section 3 (1) seeks to guarantee “equal pay for equal work”, which is not in accordance with the definition contained in Article 1 (a) of the Convention. The Convention speaks of “equal remuneration for men and women workers for work of equal value”. It is submitted that compliance with the CARICOM Model Law and the ILO Convention will require an amendment of the term “equal work” to “work of equal value”. Gaps in legislative framework Family responsibilities, age and disability are not listed among the prohibited grounds of discrimination in the Prevention of Employment Act, 2003. In addition, the Constitutional provisions on protection from discrimination do not prohibit discrimination on the grounds of national extraction or social origin and does not apply to non-nationals of Saint Vincent and the Grenadines. This is inconsistent with the CARICOM Model Law and the ILO Convention. In addition there is no provision to the effect that any act of sexual harassment against an employee committed by an employer or a managerial employee or a co-worker shall constitute unlawful discrimination based on sex. The scope of application of the principles does not include professional partnerships, professional or trade organisations, qualifying bodies, vocational training bodies and employment agencies. The principles of unlawful discrimination and equality of opportunity do not apply to the provision of goods, services and facilities, advertisements and application forms. The prohibition against unlawful discrimination does not apply to persons seeking employment. There is no provision for measures to promote equality of opportunity of a temporary nature not to be deemed unlawful discrimination.


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V. Occupational Safety and Health and the Working Environment

Unlike the other model laws, CARICOM Model Law on Occupational Safety and Health and the Working Environment (hereinafter referred to in this Chapter as “the CARICOM Model Labour Law”) does not have among its objectives the incorporation of any ILO Conventions. It is an Act to provide for the occupational safety and health of workers in the working environment. Content of CARICOM Model Labour Law There are provisions relating to:

(i) registration of industrial establishments and mines; (ii) administration; (iii) general occupational safety and health requirements; (iv) duties of employers, workers and other persons; (v) hazardous chemicals, physical agents and biological agents; (vi) enterprise safety and health representatives and committees; (vii) notices of injury, accidents and explosions; (viii) enforcement ; and (ix) offences and penalties.

The CARICOM Model Legislation applies to the State and all branches of economic activity and to all employers and workers in all branches of economic activity. Saint Vincent and the Grenadines has not ratified any of the 18 core OSH Conventions nor the Protocol to Convention No. 155. Scope of Application The Factories Act Chapter 335 (Act 5 of 1955 as amended) (hereinafter referred to in this section on Saint Vincent and the Grenadines as “the Act”) applies only to factories, including those belonging to or in occupation of the Government and to building operations and works of engineering construction undertaken by or on behalf of the Government. It therefore does not apply to all workplaces as required by the CARICOM Model Legislation. Registration of Industrial Establishments and Mines Section 12 of the Factories Act provides for the registration of factories. All occupiers of factories are required to apply for the registration of factories within 30 days of commencement of the Act or the commencement of operations where applicable. The particulars of registration application shall include the names and addresses of the owner and employer, address and location of the industrial establishment, the nature and object of the process to be carried out, and the number of employees.


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Administration Section 17 provides for the appointment of an Inspector to administer and enforce the Act and regulations. He/she is to ensure that employers and other relevant persons are provided with information and advice concerning the Act and the protection of the occupational safety and health of workers generally. There is no statutory requirement for the appointment of a tripartite National Advisory Council on Occupational Safety and Health with technical or professional persons with expert knowledge to advise and make recommendations to the Minister and to promote awareness, including enforcement and the implementation of a national policy on occupational safety and health. General Occupational Safety and Health Requirements There are provisions in the Act relating to work at dangerous machines, protective clothing devices, emergency drills and exits, cleanliness and sanitary conveniences, disposal of waste, noise and vibrations, overcrowding, ventilation, availability of drinking water, washing and change facilities, first-aid provisions and restrooms. There is statutory protection of persons under the age of eighteen. Section 18 (3) gives the Inspector the power to serve a written notice upon an employer to prevent a young person from employment in any process or kind of work in a factory that is prejudicial to his/her health or the health of other persons. The Inspector may also order the employer to have the young person examined by a duly qualified medical practitioner and certified to be fit for employment in the factory in the process or kind of work. In addition, the Governor General may make orders prohibiting the employment of any young person in a factory, unless he/she has been certified by a medical practitioner to be fit for that employment. It should be noted the requirement for a medical certificate of fitness should be mandatory and not discretionary as suggested by the wording of the Act. Duties of employer, workers and other persons Part 11 of the Act makes provision for the health, safety and welfare. Section 8 provides certain duties on the occupier of a factory to safeguard the health of employees. These duties are to -

(a) keep the factory in a clean state; (b) not permit the factory to be overcrowded; (c) secure adequate ventilation in the factory; (d) provide suitable and sufficient lighting; (e) provide effective means for draining floors; and (f) provide suitable conveniences for the use of persons employed in the

factory. With respect to safety, section 9 imposes the following provisions on every factory –


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(a) there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person has at any time to work;

(b) adequate measures shall be taken for the prevention of fire in every factory and the provision of adequate means of escape in case of fire for workers;

(c) where in any factory, explosive or inflammable dust, gas, vapour or substance is present, precautions shall be taken in order to reduce the risk of fire or explosion to a minimum;

(d) all machinery used, and every part thereof which is in use in any factory, shall be made safe to all persons employed or working in the factory;

(e) every steam boiler, steam container, steam receiver, air receiver, gas holder or other pressure vessel used in any factory shall be operated and maintained in such a manner as to be safe to persons employed or working in the factory;

(f) all chains, ropes and lifting tackle, cranes and other lifting machines, hoists and lifts used in any factory shall be operated and maintained in such a manner as to be safe to persons employed in the factory;

(g) all floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and every part of the ways, works, machinery or plant used in the factory shall be in such a condition or so constructed or so placed that it can be used without risk of bodily injury.

There is no statutory requirement under the Factories Act for an occupier to take every reasonable precaution for protection of the general public who comes into contact with the worksite. There is also no requirement for an employer to ensure that a written occupational safety and health policy is prepared and reviewed annually in consultation with the Occupational Safety and Health Committee or safety representative. Duties of Workers Section 15 provides for the duties of workers. It states that no persons employed in a factory shall wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the health, safety or welfare of the persons employed in the factory or place, and where any means or appliance for securing the health or safety is provided for the use of any person under the Act, he/she use the means or appliance. In addition, no person employed in a factory shall wilfully and without reasonable cause do anything likely to endanger himself or others. There is no statutory requirement for a worker to report to his/her employer or supervisor the absence of or defect in any equipment or protective device and clothing of which he is aware and which may endanger himself, herself or another worker or any contravention of the Act or Regulations of which he/she knows.


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There is no statutory right of a worker to refuse to work where he/she has reasonable justification to believe that (a) equipment, machine, tool or device or (b) physical condition of workplace - presents imminent and serious danger to life or health. OSH Committees There is no statutory requirement for the occupier of a factory with twenty or more employees to make arrangements for the appointment of a Joint Occupational Safety and Health Committee or the appointment of a workers’ safety representative in factories with more than five but less than twenty workers. Notices The occupier has an obligation to notify forthwith the Inspector, where a person is killed or critically injured from any cause at the factory. Enforcement The Inspector is vested with the power to enter any factory, inspect any register, remove any register or article violating the Act, conduct tests, require an employer to conduct tests, make enquiries of any person in the workplace and require any equipment to be tested. The Inspector may also order an employer to comply with Act forthwith or within such time as he or she may specify. Where an Inspector makes an order and finds that the contravention is a danger or hazard to safety and health, he/she may order that the workplace, equipment, machine, device, article or process be not used until the order is complied with. He/she may also order that work be stopped until the danger or hazard is removed.


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VI. Recommendations Termination of Employment In order to comply fully with the CARICOM Model Labour Law, the following amendments are required to the Protection of Employment Act, 2003:

(i) Section 8 on terms and conditions of employment should include a provision for the termination of the contract, other than those provided by the Act.

(ii) Section 16 on prohibitions against termination of employment should be amended to include disability and HIV status as prohibited grounds.

Registration, Status and Recognition of Trade Unions and Employers’ Organizations In order to comply fully with the CARICOM Model Labour Law, the following amendments are required to the Labour Relations Act, 2001:

(i) The act should provide for national regulations to be made for rights of association of police, fire and prison services.

N.B. In order to comply with the ILO Convention No. 87, the minimum

membership threshold should be reduced to 20 members for trade unions and six for employers’ organisations.

In order to comply with ILO Convention No. 98 the principle of most

representative organisation provides for a trade union with less than 50% support of members in a bargaining unit to engage in collective bargaining at least for their own members where there is no recognised trade union.

Equality of Opportunity and Treatment in Employment and Occupation In order to comply fully with the CARICOM Model Labour Law, the following legislative amendments are required:

(i) The Protection of Employment Act, 2003 Section 16 on prohibitions against termination of employment should be amended to include disability and HIV status as prohibited grounds.

(ii) The Constitutional provisions on protection from discrimination should be amended to include the prohibition of discrimination on the grounds of national extraction or social origin and to apply to all persons whether a national or not in employment or seeking employment. In addition, there should be the addition of a new section which provides that an act of sexual harassment against an employee committed by an employer, managerial employee or co-worker shall constitute unlawful discrimination based on sex.


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(iii) The scope of application of the non-discrimination principles set out in the Constitution and the Protection of Employment Act should extend to professional partnerships, professional or trade organisations, qualifying bodies, vocational training bodies and employment agencies.

(iv) The principles of unlawful discrimination and equality of opportunity should also apply to the provision of goods, services and facilities, advertisements and application forms.

(v) There should be a provision for measures to promote equality of opportunity of a temporary nature not to be deemed unlawful discrimination.

(vi) The Equal Pay Act, 1994 section 3 (1), which seeks to guarantee “equal pay for equal work”, should be amended to read equal remuneration for work of equal value.

Occupational Safety and Health and the Working Environment In order to comply fully with the CARICOM Model Law, the following amendments are required with respect to the Factories Act Chapter 335 (Act 5 of 1955 as amended):

(i) Section 4 on general application should be amended to provide for coverage of the provisions of the Act to all industrial establishments and to all workplaces. There should be consequential replacement of the word “factory” wherever it appears in the Act to the word “industrial establishment”.

(ii) There should be a statutory requirement for the appointment of a tripartite National Advisory Council on Occupational Safety and Health with technical or professional persons with expert knowledge to advise and make recommendations to the Minister and to promote awareness, including enforcement and the implementation of a national policy on occupational safety and health.

(iii) There should be a statutory requirement for an occupier to take every reasonable precaution for the protection of the general public who comes into contact with the worksite.

(iv) There should be a statutory requirement for an employer to ensure that a written occupational safety and health policy is prepared and reviewed annually in consultation with the Occupational Safety and Health Committee or safety representative.

(v) There should be a statutory duty imposed on a worker to report to his/her employer or supervisor the absence of or defect in any equipment or protective device and clothing of which he is aware and which may endanger himself, herself or another worker or any contravention of the Act or Regulations of which he/she knows.

(vi) There should be a statutory right of a worker to refuse to work where he/she has reasonable justification to believe that (a) equipment, machine, tool or device or (b) physical condition of workplace - presents imminent and serious danger to life or health.


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(vii) There should be a statutory requirement for the occupier of a factory with twenty or more employees to make arrangements for the appointment of a Joint Occupational Safety and Health Committee or the appointment of a workers’ safety representative in factories with more than five but less than twenty workers.

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