Management Consultants FUTURE OF WORK AND NON-STANDARD FORMS OF EMPLOYMENT – GOVERNANCE CHALLENGES Presented by Gerard E. Pinard Consultant, Zatopek Solutions Inc. ILO – SALISES RESEARCH CONSULTATION UWI St. Augustine Campus 2017 December 04
INDUSTRIAL RELATIONS ACT (IRA) Industrial Relations in Trinidad and Tobago is governed by the Industrial Relations Act, No 23 of 1972 Chapter 88:01 which was preceded by the Industrial Stabilisation Act 1965. December 5, 2017 Zatopek Solutions Inc. 2
AGENCIES UNDER THE IRA 1. Ministry of Labour – Conciliation Department (MoL) 2. Registration Recognition and Certification Board (RRCB) 3. Industrial Court of Trinidad and Tobago (IC) ALL UNDER-RESOURCED AND IN DANGER OF COLLAPSING December 5, 2017 Zatopek Solutions Inc. 3
WHO IS A WORKER (IRA) A “worker” means (a) any person who has entered into or works under a contract with an employer to do any skilled, unskilled, manual, technical, clerical or other work for hire or reward, whether the contract is expressed or implied, oral or in writing, or partly oral and partly in writing, and whether it is a contract of service or apprenticeship or a contract personally to execute any work or labour; (b) any person who by any trade usage or custom or as a result of any established pattern of employment or recruitment of labour in any business or industry is usually employed or usually offers himself for and accepts employment accordingly; or (c) any person who provides services or performs duties for an employer under a labour only contract Zatopek Solutions Inc. 4
WHO IS NOT A WORKER December 5, 2017 Zatopek Solutions Inc. 5
WHO IS NOT A WORKER December 5, 2017 Zatopek Solutions Inc. 6
WHO IS NOT A WORKER December 5, 2017 Zatopek Solutions Inc. 7
WHO IS AN EMPLOYER (IRA) "employer" means a person who employs a worker and the term shall include- (a) such persons acting jointly for the purpose of collective bargaining; (b) an association or organisation of employers that is a trade union registered under the Trade Unions Act; and (c) a person for whose benefit work or duties is or are performed by a worker under a labour only contract , within the meaning of subsection (4)(b); December 5, 2017 Zatopek Solutions Inc. 8
WHO IS AN EMPLOYER (IRA) (4) For the purposes of this Act- (b)Where a person engages the services of a worker for the purpose of providing those services to another, then, such other person shall be deemed to be the employer of the worker under a labour only contract. December 5, 2017 Zatopek Solutions Inc. 9
THE SYSTEM IS BROKEN 1) Economy in shambles 2) Competitiveness declining steadily 3) Unemployment increasing 4) Meanwhile, “we jamming still”! December 5, 2017 Zatopek Solutions Inc. 10
COMPETE OR DIE – choose 1) Legislation outdated and counter- productive– punitive rather than collaborative 2) Work vs Employment - Change of mindset needed 3) Current one-on-one Employer/Worker model is dead or dying 4) Businesses need flexibility in order to survive and grow 5) Workers need guaranteed basic rights December 5, 2017 Zatopek Solutions Inc. 11
WHOLESALE CHANGE NEEDED 1) Tinkering with IRA is not enough – we have already missed the boat 2) Focus must be on productivity and competitiveness of businesses 3) State needs to accept responsibility for guaranteeing basic rights 4) Setting up of Labour Co-operatives and other Worker Pools? December 5, 2017 Zatopek Solutions Inc. 12
MINIMUM TERMS & CONDITIONS 1) Maximum Working Hours 2) Annual Vacation Leave 3) Sick Leave 4) Maternity/Paternity Leave 5) Life Insurance Coverage 6) Unemployment Insurance 7) Meaningful Post-retirement Benefits that are portable December 5, 2017 Zatopek Solutions Inc. 13
BACK TO THE TABLE TRIPARTITE DIALOGUE NEEDS TO BE RE-ACTIVATED AMONG LABOUR, BUSINESS AND GOVERNMENT (TRIPARTITE SOCIAL AND ECONOMIC COMPACT 2000 REBOOTED) December 5, 2017 Zatopek Solutions Inc. 14
Management Consultants QUESTIONS? THANK YOU
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