2. OVERVIEW
Statutory provisions for employee protection
Aspects of workers’ benefits
Contract of employment
ILO conventions
Discrimination and equal remuneration
Freedom of association and collective bargaining
The Factories Act
The Workmen’s Compensation Act
Occupational Safety and Health Act (OSHA)
References
3. Statutory provisions for employee
protection
The word statutory means ‘by law’. All organisations and
individuals must comply, without exception, with laws that
relate to them.
Ignorance is no excuse for non-compliance, so HR must
ensure that managers and staff are kept up to date with
legislation that applies to them.
5. Health
Several elements must be present to ensure working conditions do not
cause any deterioration in employees’ health.
Clean workplace
Enough workspace for each person
Satisfactory ventilation
Adequate and safe supplies of water
Sufficient and sanitary washroom amenities
Adequate and suitable lunch room
Protection for employees who work with heavy items that could injure them.
6. Safety
The essentials needed to prevent accidents at the workplace are:
Warning notices
Protective guards
Cordons around hazardous areas
Adequate training for inexperienced persons
Adequate avenues of escape in the event of a fire or toxic chemical leakage
Supplies of suitable protective clothing
Entrances, exits and stairways to be kept clear
Handrails along staircases and open corridors.
7. Welfare
To provide facilities conducive to the welfare of employees, the following
are required:
Changings rooms with sufficient sitting
A locker to store clothes and personal effects
Suitable furniture for sitting
First aid kit with supply of first aid items
Insurance coverage
Advice, counselling and assistance to any employee with work-related or
personal problems.
8. Socioeconomic
To ensure job security and happiness of employees at work, an employee
should:
Be given a letter or contract of employment within a short time after starting
to work in the role
Receive at least minimum notice of termination of employment
Get at least the minimum wage rate
Know the maximum hours of work per day
Have freedom to join a trade union
Be granted equal opportunities.
Be entitled to leave from employment for sickness, maternity, emergency,
death of a close relative, holiday etc.
9. Contract of employment
The contract of employment is a legal document and both
employer and employees must abide by its conditions.
It is has traditionally been known as a vital document which
was used to regulate a mutually beneficial employer-
employee relationship.
10. ILO Conventions
The International Labour Organisation (ILO) sets
international labour standards, and its conventions are
binding on all members, including all CARICOM territories
that are signatories.
ILO conventions on decent work are relevant to HR as they
cover wages, holiday, maternity leave, health and safety, fair
treatment and trade union rights. The also ban forced
labour and restrict the use of child labour.
11. Discrimination
This means treating someone differently or unfairly for a reason
unconnected with the job, for example, because of their race, gender,
ethnic origin or marital status.
12. Equal Remuneration
All staff doing the same work, or work of ‘equal value’, must be paid at
the same rate, have the same conditions and benefits, and be offered the
same training and promotion opportunities.
13. Freedom of association and collective
bargaining
These conventions guarantee that employers and workers can establish
and join organisations of their choice, such as trade unions, and draw up
their own rules.
Workers cannot be dismissed or discriminated against because they join a
trade union or participate in union activities.
Trade unions can negotiate with employers on terms of employment and
try to conclude collective agreements on behalf of their members.
15. The Factories Act
The aim of the Factories Act is primarily to ensure that
anyone who works in a place where goods are
manufactured, produced or adapted in any way will be
protected. This is important because factories are
potentially dangerous with hazardous machinery and
substances.
16. The Workmen’s Compensation Act
This enables workers who are injured or incapacitated at
work, or who suffer an occupational disease to claim
financial compensation. In the case of death, this is paid to
their next of kin.
To protect themselves against large claims, all employers
must take out insurance and they must abide by their legal
obligations.
17. Occupational Safety an Health Act
(OSHA)
The OSHA was introduced in the 1970s in the US to reduce the number of
accidents and injuries in workplaces. It has since been adapted and
introduced in many countries.
Under the OSHA, inspections or risk assessments are carried out so that
hazardous conditions are identified. If they cannot be eliminated,
precautions must be taken to warn and protect employees.
With the advent of the OSHA, many companies in the Caribbean now have
a department called HSE – Health, Safety and Environment.
18. REFERENCES
Carysforth, C. et al (2012). Office Administration for CSEC –
A Caribbean Examinations Council Study Guide, Nelson
Thornes UK.
Ramtahal, F. (2013). Office Administration, (2nd ed.)
Caribbean Educational Publishers Trinidad.
Rapatsa, M. (2014). Contract of Employment, Statutory
Provisions and Collective Bargaining in Protecting Workers
Labour Rights. Journal of Business Management and Social
Sciences Research, Vol 3, Issue 8, p6-14.
