Preliminary document for discussion
National Mechanisms for the Application of Core Principles and Rights at Work
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- 4.3.2. Barbados
- 4.4. The Role of Social Dialogue in the Integration Process
- 4.4.1. Jamaica
- 4.4.2. Barbados
- 4.4.3. Social Partnership and Social Contract
4.3. National Mechanisms for the Application of Core Principles and Rights at Work4.3.1. JamaicaThe Ministry of labour in Jamaica is the main agent for the enforcement of the core labour principles. An individual’s right of freedom of association as contained in the Constitution and the LRIDA are directly enforceable. Under Section 4 of the Act, if any person prevents another from exercising this right s/he is liable to penalties. Typically where this takes place, the Ministry refers the matter to the Director of Public Prosecutions (DPP), who, if s/he feels that a case exists, has the authority to take the matter to court. However, there is a Labour Advisory Committee (LAC) which is tripartite in composition. Any of the main actors in industrial relations can make suggestions as to the necessary policy changes or specific modifications to practices. As regards breaches of Conventions and laws, there has been a history of trade unions and employers taking matters to court to enforce and define positions. Presently, the degree of social dialogue is increasing both through the LAC and in the public forum. There is a functional link between the activities of the Committee and PROMALCO. However, as indicated, there seems to be some degree of discontent on the part of employers and the trade unions regarding the extent to which legislative changes are being made. As regards the introduction of the social contract this is ironically one of the greatest areas of dissensus locally. The initial move in 1996 occurred within the inner chambers of Cabinet and did not originally involve the Minister of Labour, the trade unions or the employers. At the level of the LAC there is some degree of divisiveness on the subject of the right to strike and the de-certification of trade unions. Inasmuch as there is a National Productivity Council the unions have complained that there is a small cadre of hand-picked private sector members who are entrusted to guide the discussion. Labour has been excluded from this group. Thus what seems to be the issue is not whether there is a mechanism for the implementation of regional norms. These are in place. A greater problem in Jamaica is that there is some amount of mistrust and dissensus among the social partners. What is encouraging though is that the employers and trade union are still in dialogue and seem equally eager to have the legislative changes made. 4.3.2. BarbadosIn comparison to Jamaica Barbados has fewer official mechanisms for the enforcement of the core labour standards. The Labour Department does not have the power to force an employer or trade union to attend meetings either for conciliation or in pursuance of a complaint regarding any of the core principles. In any event, there is little in the way of legislation regarding freedom of association except for the Constitution. Since there is no compulsory recognition of trade unions there is really nothing to force compliance with any principle or guideline relating to the recognition of a trade union for the purposes of collective bargaining. Where any individual is of the view that his/her constitutional rights are being abridged, then s/he may bring the matter to the courts. Similarly, a trade union may take legal action. Notwithstanding this potential to recourse to the courts, if a matter relating to the right of a union to bargain on were to go before the court for determination it would, in the considered opinion of this author, not likely succeed since cases such as Banton v. Alcoa Minerals make it clear that freedom of association is a personal right and is not equivalent to the right to collective bargaining. What makes the principles enforceable in Barbados is the sheer power that the trade unions have due to the history of collective bargaining and the large percentage of workers they cover under collective labour agreements. Nonetheless, there is a high degree of consensus within Barbadian labour-management relations and society on the whole. Thus, practice actually gives effect to many of the provisions of the regional and international labour standards. As in Jamaica, there is a consultative body for the determining of labour policy. Similarly, both trade unions and employers have taken matters before the courts and have managed to define the boundaries of law and practice. Barbados has a LAC and National Productivity Council as well. At present a number of proposals are either in discussion or in Parliament. These include employment rights, recognition of trade unions among others. The discussions are proceeding in earnest although in the weeks leading up to the completion of this report the country was under an election watch. By the time this report is published, a new government would have been chosen. Nevertheless, given the high level of social consensus in Barbados there is no reason to believe that the process will cease. 4.4. The Role of Social Dialogue in the Integration ProcessWithin the regional agreements and at the national levels, there is a clear commitment to social dialogue. At the level of the Caribbean Employers’ Confederation (CEC) and the Caribbean Congress of Labour (CCL) are involved in a project to promote the concept among their members. CARICOM on the whole is committed in principle to social dialogue. It is useful that COSHOD was given this mandate after the CARICOM Declaration of 1995 came into being. In the Foreword to the Declaration the Secretary General declares, “it is an important policy guide on labour matters for the social partners and will contribute to the development of ....enhanced social partnership. It underscores the rights and responsibilities of the social partners, and provides the bases for the development of labour policies, and informs the enactment of labour legislation.”27 COSHOD, in carrying out its mandate, underscores the awareness “... among Community workers and employers that international competitiveness is essential for social and economic development of Member States, and requires collaboration of employers and workers for increased production and productivity in Community enterprises.”28 This is consistent with the 1995 Declaration, which dedicates an entire chapter to it. The Declaration in Chapter VIII, Article 43 asserts that the member states undertake to promote collective bargaining, consultation and tripartism as essential elements of the system of industrial relations in the CARICOM region.”29 Article 44 commits the member states to “employ their best endeavours to consult with the Social Partners in establishing the relevant principles and policies to be applied in conditions and situations of financial stringencies.”30 Finally Article 45 declares that shall be construed “... as permitting Member States to use the practice of consultation or tripartism as a substitute for collective bargaining...”31 Coupled with the Declaration and the mandate of COSHOD is the aforementioned Charter of Civil Society. This instrument has been signed almost unanimously. Within the Charter is the commitment to strengthen the fundamental elements of civil society, and in particular, to recognize the need for collaboration among the social partners. Among the principles contained in the Charter are; Freedom of movement within the region; equal opportunity for employment and equal remuneration for work of equal value. Article XVIII underlines the rights of all citizens to participate in economic life, thus it affirms a commitment to collaboration among the social partners to provide creative employment for the youth and physically challenged. Further to its objective, the Charter addresses the role of social partners more explicitly. Article XXII binds the member states to “undertake to establish within their respective countries, a framework for genuine consultation among the social partners in order to reach common understandings on and support for the objectives, contents and implementation of national economic and social programmes and their respective roles and responsibilities in good governance.”32 The Charter also requires that in complying with its objective, governments should establish national committees or other such competent bodies, to ensure compliance and to monitor the degree of compliance with the accord. There is evidence that at both the regional and national levels there is much progress in this area. The 2001 CARICOM Heads of Government meeting inaugurated a regional business and labour advisory committee in which the CCL and CEC are important members. 4.4.1. JamaicaIn Jamaica, mechanisms for social dialogue and tripartism have existed for several years, although they have not been very active. Since the 1970s there have been Joint Industrial Councils (JICs), which set standards within particular industries. Within these JICs there are grievance procedures and disputes settlement mechanisms, which operate as a congruent auxiliary to the procedures outlines under the LRIDA. More recently the dialogue and discourse has increased. In 1996, a draft Social Contract was put before the social partners. Some progress has been made but there is yet to be any signing of the document. Nonetheless the social dialogue is continuing. Since the late 1990s, in several key industries such as the Bauxite sector, there have been Memoranda of Understanding. (MOU) a number of industries and companies have developed Memoranda of Understanding (MOUs). These outline the corresponding and reciprocal responsibilities or the partners. Perhaps the most well known is that which exists among the various employers and trade unions in the bauxite industry. However, there is no national social contract. It is recognized that at the industry level there have historically been consultative relationships. For example, in the construction, industrial security, sugar and banana industries, there are Joint Industrial Councils (JICs). These JICs comprise representatives of employers and trade unions and with some guidance the Ministry of Labour have conducted collective Bargaining and determined general rules and standards of engagement, which relate to the conduct of both parties. Typically, JICs set industry or sector wide rates, to which even non-members generally adhere. Jamaica also has a National Minimum Wage Advisory Committee, a National Housing Trust, and the aforementioned Labour Advisory Committee. It is of note that the dispute resolution system, despite the gaps which will be outlined in the in-depth study, is built on the principle of tripartism. The final arbiter in industrial disputes, The Industrial Disputes Tribunal, is itself a tripartite structure. In facing the challenges of globalization the government has also established another tripartite mechanism, the National Productivity Council. It takes into consideration the views and inputs of trade unions and employers. It should be noted that both the CCL and CEC have direct relationships with CARICOM’s COSHOD. Although they do not have voting rights their contributions are brought forward and form critical parts of the regional discourse. Both the Jamaica Employers’ Federation and the Jamaica Confederation of Trade Unions are affiliated to both the CEC and CCL respectively. 4.4.2. BarbadosBarbados has, perhaps more successfully than the other nations, not only established the normative mechanisms for the process but is showing every sign of success. According to Mark, “this country represents one of the most advanced forms of social dialogue in the Caribbean Community.” He notes that Barbados has “... earned rich dividends from this national endeavour.” 33 In the early 1990s there was a contraction of the economy. This accompanied with a high debt-service ratio and negative foreign investment led to the decision to seek the assistance of the International Monetary Fund (IMF) and the World Bank. Against the background of close to 25 percent unemployment and a shortfall in foreign exchange earnings, the IMF prescribed what Taylor describes as its standard dosage. This involved; a reduction of government expenditure, a reduction in social and employment benefits; a reduction in public sector employment; privatization of government enterprises and the ubiquitously recommended devaluation of the national currency. 34 Deciding to protect the Barbadian dollar government opted for an 18 month programme, which was arrived at in collaboration with the trade unions and employers. This involved; an eight percent reduction of salaries in the public sector, including those of government ministers; an approximately ten percent lay-off of government workers and an amendment of the Severance payment Act to reduce the amount of severance payment workers were entitled to on being made redundant. In the initial stages of this adjustment there was social protest by both employers and unions. Eventually the government of the day paid the political consequences and lost the general election in 1994. However, despite the social protest by trade unions and employers, the strategy was largely successful and there was an upturn in the economy. There was eventually a national accord out and the first agreement was signed. Out of this initiative came a more formal Protocol for the Implementation of a Prices and Incomes Policy in 1993. This initial accord has been amended by three further Protocols and is still in effect. It should be recognized that even though there was a change of government in 1994, the social contract agreement has continued to be honored and subscribed to by the various parties, thus underlining the deep rooted national consensus. Beyond the national document, there is a deep commitment to tripartism in the decision making processes. Like Jamaica, it has a tripartite National Productivity Council. In fact this council is one of the more successful elements of regional integration in that it is allied to a national body on Technical Vocational Education and Training (TVET) which exists in Jamaica. As such they both set standards and give certification, which are consistent across the region. Though the Barbadian model has been very successful, it must be cautioned that the extent to which it is applicable to other countries is suspect. In countries such as Guyana and Trinidad where there is wide-spread social dissensus based on both class and ethnicity, there is no pre-existing framework of concord upon which to operate. Similarly, Jamaica has significant class-related as well as political cleavages. In these three large economies, the implementation of the Barbadian model will be difficult but not impossible. 4.4.3. Social Partnership and Social ContractBarbados and Jamaica perhaps represent two of the extreme examples regarding social consensus. In Jamaica, the subject of industrial democracy and worker participation began as far back as the 1970s. In the mid 1980s, the question of social partnership was again raised. The most recent thrust began in 1996 with the introduction of a draft social contract designed by the government. An initiative of the government, there is little to suggest that the social partners were directly involved in its original design. Consequently, there has been no official signing at the national level of any document reflecting a national consensus. Barbados, on the other hand, reflects a higher degree of social consensus. Even outside of industrial relations. This is in direct contrast to Jamaica, which M G Smith (1965), Carl Stone (1980) and Taylor (2002a) described as being characterized by serious social cleavages and societal dissensus. In order to create social consensus in labour relations the greater task of fostering societal unity will have to be accomplished. Download 475.12 Kb. 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