Harmonization of labour law/legislation in the countries of the Caribbean has been on the agenda of the ILO and the Caribbean Community (CARICOM) for a number of years2. The ILO provided technical support in drafting four model 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.

At the CARICOM Standing Committee of Ministers responsible for Labour (SCML) held in April 1995, model legislation was accepted in the areas of:

• termination of employment,
• registration, status and recognition of trade unions and employers’ organizations and
• equality of opportunity and non-discrimination in employment. 

A model law on occupational safety and health and the working environment was subsequently accepted by the SCML in April 1997. 

As part of it recommendations, CARICOM requested that member States consider model legislation as a basis for tripartite consultation at the national level with the view to legislative enactment, where appropriate, as either new legislation, in whole or in part, or as a basis for updating existing legislation.   

CARICOM has continued to request reports from Governments concerning the extent to which there is consistency between national legislation and the model legislation. The received reports, however, are of a general nature and most often consist of lists of titles of laws that Governments consider to be relevant or that they indicate are substantially or minimally consistency with the model legislation.

Ratification of International Labour Standards

Over the past several years, there has been a significant increase in the number of ratifications by CARICOM members of ILO fundamental standards as well as other key standards affecting the rights and conditions of work of CARICOM working people.  As shown in Table 1, ten of the thirteen member States in the English- and Dutch-speaking Caribbean have ratified all eight of ILO Fundamental Conventions. Two of the remaining countries have ratified all but one, and the third has ratified five of the eight.  This commitment must also be accompanied by a legislative framework that ensures effective application of the standards. Furthermore, the ILO’s Committee of Experts on the Application of Conventions and recommendations has also called for legislative revision in some areas of the law to ensure consistency with ratified Conventions.

Caribbean Single Market and Economy – Regional integration process

The Heads of Governments of the Caribbean Community (CARICOM) have expressed their determination to work towards establishing a single market and economy.

One of the main objectives of the CARICOM Single Market and Economy (CSME) is the full use of labour (full employment) and full exploitation of the other factors of production (natural resources).

The key elements of the CSME include: free movement of goods and services, right of establishment, a common external tariff, free circulation, free movement of capital, a common trade policy and of particular importance to the ILO, free movement of labour.

Ambassador Lolita Applewhaite, Deputy Secretary General of CARICOM, addressing the USAID Guyana Trade and Investment Seminar on “Trade and Labour: The right to Decent Work,” 17 March 2005, stated, “an integral part of the CARICOM Single Market is a regional labour market since the free movement of skills and labour is now one of the key pillars of the CSME. The free movement of skills and labour gives CARICOM nationals, for 5 selected categories at present, the right to move to that part of the single economic space where the opportunities for productive employment, whether as a wage earner or a non-wage earner, are the greatest.”

The Problem

Recognizing the need to move forward with the harmonization of labour legislation in the light of the coming on line of the CSME, CARICOM has requested assistance from and collaboration with the ILO in carrying out a labour legislation audit in the region. The scope of the current proposal will concentrate on the four areas covered by the CARICOM model legislation as a first priority.

While it may be considered “normal” that national labour laws will vary in their wording and in their enforcement mechanisms from country to country, it should not be considered normal or appropriate that the national labour laws vary significantly from the nationally ratified ILO Conventions or from the scope and intent of the CARCICOM model legislation, endorsed by the Ministers of Labour.

In addition to the variance of labour laws, there are also differences in the nature and extent of the process of legislative review that has been undertaken in reference to the CARICOM models.

As the Free Movement Regime comes into effect in 2006, workers will become more concerned with equality of treatment throughout CARICOM and the level of protection offered under national labour law.  Employers and investors are also interested in the consistency of the content and application of labour laws. There is a growing need for citizens, workers and investors to have access to accurate and complete information about national labour legislation so that they can make informed decisions about their migration or investment opportunities. There is also a growing need for the tripartite partners to have a complete understanding of the various national legislative frameworks so that they can properly advise their constituents. For these reasons, there is an increasing need to assess the progress that has been made and to identify in which areas of the model legislation, countries have adopted legislation and where there are significant gaps and to identify other areas where pressure will rise as the CSME comes into effect.

Development Objective

To contribute to the effective application of Fundamental principles and rights at work at national level and to ensure that they are taken into consideration in the regional integration process of the Caribbean Community (CARICOM) Single Market and Economy (CSME)

Immediate Objective 1

At the end of the project, national labour legislation, in the areas of the four CARICOM agreed model labour legislation, will have been reviewed and gaps identified.

Immediate Objective 2

At the end of the project, member States and the social partners will have been trained on, a) the provisions of their national legislation in the four areas where CARICOM model labour legislation exists, b) the provisions of other Caribbean national labour legislation and c) the steps needed to be taken at national level to bring their national labour legislation in line with international labour standards and the intent of the four CARICOM model labour legislation.

Immediate Objective 3

At the end of the project, memberStates and the social partners will have reached a consensus at the national and subregional level on areas where further guidance on labour legislation might be developed to assist the regional integration process.