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Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
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Employment and Legislation Law - HRMATT

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  • HR UPGRADED...v2K13 and Beyond -- HRMATT's 9th Biennial Conference
  • HR UPGRADED...v2K13 and Beyond -- HRMATT's 9th Biennial Conference
  • Transcript

    • 1. Employment Legislation /Employment Legislation / Labour LawLabour Law Diana Mahabir-Wyatt HRMATT’s 9th Biennial Conference Hilton Trinidad & Conference Center Date: Monday, May 13, 2013 Copyright © 2013. All rights reserved.Copyright © 2013. All rights reserved. Its content cannot be used or distributed without the authorization of Personal Management Service Limited (PMSL).Its content cannot be used or distributed without the authorization of Personal Management Service Limited (PMSL).
    • 2. HRMATT’s 9th Biennial Conference – May 13th & 14th, 2013 2
    • 3. CONTRACT OF SERVICE CONTAINS JOB TITLE PROBATIONARY PERIOD HOURS OF WORK TERMS AND CONDITIONS BENEFITS CONTRACT FOR SERVICES CONTAINS SCOPE OF WORK CONDITIONS FOR PERFORMANCE BASIS AND PERIODICITY OF PAYMENT CONTRACTS OF EMPLOYMENT BOTH BASED ON COMMON LAW
    • 4. TYPES OF EMPLOYMENT CONTRACTS OPEN ENDED CASUAL TEMPORARY TERM SPECIFIED PIECE WORK PROJECT FIXED TERM RENEWABLE LABOUR ONLY HRMATT’s 9th Biennial Conference – May 13th & 14th, 2013
    • 5. RECOURSERECOURSE MINISTRY OF LABOUR INDUSTRIAL COURT CIVIL COURT CIVIL COURT ARBITRATION
    • 6. CHARACTERISTICSCHARACTERISTICS CONTROL IS EXERCISED BY THE EMPLOYER OF BOTH WHAT IS DONE AND HOW IT IS DONE. REQUIRES ATTENDANCE OF SPECIFIC EMPLOYEE USUALLY FOR REGULAR PERIODS OF TIME. CONTRACTOR DETERMINES HOW WORK IS CARRIED OUT. SPECIFIC PERSON OR PERSONS NEED NOT BE PRESENT. CONTRACT OF CONTRACT FOR
    • 7. CHARACTERISTICSCHARACTERISTICS PAYMENT IS ON A REGULAR BASIS AND RELATED TO A STANDARD PERIOD DURING WHICH THE WORK IS DONE. EQUIPMENT, SYSTEMS AND CONTROLS ARE PROVIDED BY THE EMPLOYER AND SET FOR THE EMPLOYEE. PAYMENT IS FOR SATISFACTORY DELIVERY OF CONTRACTED OUTCOME AND NOT DEPENDENT ON TIME. CONTRACTOR PROVIDES HIS OWN EQUIPMENT AS WELL AS DIRECTION AND CONTROL. CONTRACT OF CONTRACT FOR
    • 8. INDUSTRIAL RELATIONS ACT
    • 9. A. UNDER THE I.R.A. 1. Upon recognition - to treat and enter into negotiations in good faith - I.R.A. Section 40 (1). 2. Not to victimize workers for trade union activities 3. Unless the employer has specifically agreed otherwise (e.g. through a union agreement) the employer does not have to pay any worker for time not spent working due to union activities (or, indeed, any other activities) - 42 (5). MANAGEMENT RESPONSIBILITIES FOR INDUSTRIAL RELATIONS •Definition - worker -Employer - non worker -Industrial Action -Strike -Lockout
    • 10. INDUSTRIAL RELATIONS ACT 4. To ensure that no provision in a collective agreement applies benefits to only members of a particular union -43 (5). 5. If a collective agreement has been registered, an employer cannot plead ignorance of the provisions in it. Even if the employer has genuinely never seen it, having just bought over the company from someone else for example, he is deemed to have seen it. 6. When employees are on a legal strike, an employer cannot dismiss such employees just on the grounds of that strike alone.
    • 11. INDUSTRIAL RELATIONS ACT 7. When employees are on an illegal strike, an employer can terminate their employment on those grounds alone - (in fact what the Act says is that the employer can treat such action on the part of the worker as evidence that the employee has terminated his/her own employment). The employer cannot, however, take an employee back on after an illegal strike and then subsequently dismiss that employee for having taken illegal strike action. 8. Where any offence punishable under the I.R.A. has been committed by a company, anyone who at that time was a managerial employee of the company is deemed personally guilty of the offence, and can be fined or imprisoned, depending on what the penalty was unless he can prove both that the offence was committed without his 'consent and connivance' and that the he exercised all due diligence in preventing the commission of the act.
    • 12. TRUCK ORDINANCE B. 1. An employer must pay actual wages in money. This does not exclude the payment of some fringe benefits (e.g. free company products) in kind. 2. No deductions can be made from a worker's wages without his consent other than deductions due to fines, deductions under the law, or deductions under known work rules for negligence or injury to tools or equipment.
    • 13. FOREIGN LABOUR CONTRACTS C. 1. A foreign employer wishing to hire Trinidadian Labourers to take them to another country to work must have the written consent of the President and provide a contract of employment describing work to be done, the country, place and locality where it is to be done, the address of the employer, the amount and periodicity of wages and an assurance that the labourer will be repatriated at the end of the contract period.
    • 14. TRADE DISPUTE AND PROTECTION OF PROPERTY
    • 15. D. 1. An employer cannot sue a union for loss of business or loss of income sustained due to a legal strike. 2. An employer cannot sue a union for trying to persuade workers to break their contract of employment or interfering with people's (picketing) rights to dispose of their labour or their money as they wish.
    • 16. RETRENCHMENT AND SEVERANCE BENEFITS ACT
    • 17. E. 1. Where an employer intends to retrench five or more workers he must give notice in writing to each such worker, to the recognized union (if any) and to the Minister of Labour. 2. The minimum period of notice required is 45 days before the actual retrenchment takes place, although if an employer can prove to the Minister that genuinely unforeseen circumstances have arisen which have made that length of notice impossible, the Minister may accept a shorter notice period.
    • 18. RETRENCHMENT AND SEVERANCE BENEFITS ACT 3. If less than five workers are to be retrenched at one time, providing others are also retrenched within the 45 day notice period, they will be counted together with the first ones. 4. If the recognized trade union objects to the retrenchment and asks the employer for further specific and relevant information about the reasons for the retrenchment, the employer must supply that information or, if the employer feels that disclosing the information requested would be detrimental to the company, he may refuse to do so. The union may take that refusal to the Ministry - or the Minister may intervene on his own. 5. If there is no union, a worker given notice may ask the Minister to intervene on his/her behalf. Where this happens, the employer must then respond to the Minister's intervention.
    • 19. RETRENCHMENT AND SEVERANCE BENEFITS ACT 6. An employer must not refuse to give a worker under such notice time off in order to look for another job, unless this would interfere with "the operational needs of the business". 7. The employer must pay severance benefits within thirty days of the expiration of notice.
    • 20. RETRENCHMENT AND SEVERANCE BENEFITS ACT 8. The minimum severance benefits payable by the employer are as follows: (a) Where he has served the employer without a break in service for between more than one but less than five years, he is entitled for each such completed year of service to two weeks’ pay at his basic rate if he is an hourly, daily or weekly rated worker, or one half month’s pay at his basic rate if he is a monthly rated worker;
    • 21. RETRENCHMENT AND SEVERANCE BENEFITS ACT (b) Where he has served the employer without a break in service for five years or more, he is in addition to his entitlement under paragraph (a), entitled for the fifth year and for each succeeding completed year of service to three weeks pay at his basic rate if he is an hourly, daily or weekly rated worker, or three quarters month’s pay at his basic rate if he is a monthly rated worker. (c) For each period of service amounting to less than a completed year of service and in respect of workers who qualify under section 3(1)(d), payment shall be calculated on a pro-rata basis.
    • 22. WORKMEN'S WAGES (PROTECTION)
    • 23. WORKMEN'S WAGES (PROTECTION) G. 1. An employer must not pay out wages to a manual labourer in a rum shop or other place where intoxicating liquor is sold unless the labourer is employed in that establishment.
    • 24. MINIMUMWAGES ACT  NATIONAL MINIMUM WAGES & CERTAIN BASIC CONDITIONS  IMPACTS OF THE ORDERS  CHANGES TO THE ACT ITSELF - DEFINITIONS - RIGHTS TO REDRESS - TRANSFER FROM CIVIL TO INDUSTRIAL COURT
    • 25. $12.50 minimum wage now in effect Story Created: Jan 2, 2011 at 10:46 PM ECT EXPRESS NEWSPAPER The new minimum wage in Trinidad and Tobago took effect on Saturday. The Minimum Wages Order 2010 increased the wage from $9 per hour to $12.50 per hour. The announcement of the increase was first made by Minister of Labour Errol McLeod during his national budget presentation last year. The order, which revoked its 2005 predecessor, highlighted some of the categories of workers that will benefit from the new legislation. "The national minimum wage and provisions relating to overtime in this Order shall be applicable to petrol filling station employees, catering industry employees, shop assistants, security industry employees and household assistants," the order read.
    • 26. $12.50 minimum wage now in effect However, other terms and conditions that have been established in the respective pieces of legislation for these categories of workers will remain in effect. There are also some categories of workers that will not benefit from the wage hike. According to the order, the increase does not apply to: "a. trainees in training schools approved by appropriate Government agencies such at the (i) Youth Training and Employment Partnership Programme (YTEPP); or (ii) National Energy Skills Centre; "b. schemes developed from time to time by other Government ministries, departments or agencies; "c. other schemes submitted to and approved by the Minister to whom responsibility for labour is assigned; "d. registered apprentices; "e. students on vacation jobs;
    • 27. $12.50 minimum wage now in effect "And f. persons who volunteer services to registered charitable organisations and social services agencies registered with the Ministries responsible for social services, youth, sports, community development or gender affairs." The legislation was careful to mention that its proclamation was not meant to reduce the wages of employees who were already earning in excess of $12.50 an hour. "This order shall not be construed as authorising a. the reduction of wages paid to those employees who already receive wages in excess of the national minimum wage; and b. changes in the existing terms and conditions of any worker to effect a lowering of such terms and conditions.“ Abby Brathwaite
    • 28. NATIONAL INSURANCE AMENDMENTS  IMPACTS  PENSIONS REFORM  COST IMPLICATIONS
    • 29. NATIONAL INSURANCE AMENDMENTS Effective March 4, 2013 Maternity Grant and special maternity grant increased from $2,500 to 3,750 Retirement from $2,000 to 3,000 Funeral Grant from $5,000 to 7,500.
    • 30. MATERNITY PROTECTION ACT
    • 31. MATERNITY PROTECTION ACT  DEFINITIONS  EXTENDS AUTHORITY TO NURSES AND MIDWIVES  EMPLOYEE CAN GO STRAIGHT TO MINISTRY OF LABOUR  PRENATAL CARE – OFF WITH PAY  FULL PAY FOR FOURTEEN WEEKS
    • 32. MATERNITY PROTECTION ACT  EXTENSION OF UP TO FOURTEEN WEEKS FOR MEDICAL REASONS  EXTENSION OF UP TO FOUR WEEKS NON-MEDICAL REASONS  CANNOT TERMINATE ON GROUND OR RELATING TO PREGNANCY
    • 33. EQUAL OPPORTUNITY ACT
    • 34. EQUAL OPPORTUNITY ACT
    • 35. EQUAL OPPORTUNITY ACT  GENERALLY PROGRESSIVE  IMPACTS FOR EMPLOYERS - JOB OPPORTUNITIES - ADVERTISING - GENDER ISSUES - SECTION 7
    • 36. SECTION 7 1. A person shall not otherwise than in private, do any act which- (a) is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or group of persons; (b) is done because of the gender, race, ethnicity, origin or religion of the other person or of some or all of the persons in the group; and (c ) which is done with the intention of inciting gender, racial or religious hatred.
    • 37. SECTION 7 2. For the purposes of subsection (1), an act is taken not to be done in private if it- (a) cause words, sounds, images or writing to be communicated to the public; (b) is done in public place; (c ) is done in the sight and hearing of persons who are in a public place. 3. This section does not apply to acts committed in a place of public worship.
    • 38. OCCUPATIONAL SAFETY & HEALTHBILL
    • 39. OCCUPATIONAL SAFETY & HEALTHBILL  TO REPLACE FACTORIES ACT  EXTENSIVE COMMENTS SUBMITTED  IMPACTS ARE FAR REACHING  CURRENTLY ON PARLIAMENTARY AGENDA
    • 40. 40 Phone: 625-9212/6239685 E-mail: dmwyatt@pmsl.org Website (www.pmsl.org) Copyright © 2013. All rights reserved.Copyright © 2013. All rights reserved. Its content cannot be used or distributed without the authorization of Personal Management Service Limited (PMSL).Its content cannot be used or distributed without the authorization of Personal Management Service Limited (PMSL).

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