13^th January, 2007.

Honourable Minister Danny Montano

Ministry of Labour and Small and

Micro Enterprise Development

Riverside Plaza, Besson Street

PORT OF SPAIN

Re: Amend IRA to include Domestics as Workers

Dear Hon. Minister,

The National Union of Domestic Employees (NUDE) and concerned working people call upon you in your capacity as the Honourable Minister of Labour, Small and Micro Enterprise Development to amend Section 2 (3) of the Industrial Relations Act (IRA) by deleting paragraph (f) so that Domestics could be included as “Workers”.

This call for the recognition of Domestics as workers must not be ignored, especially now that there is consensus on Decent Work and Protection for all. The Commission on the Elimination of Discrimination Against Women observed this, as a principal area of concern and made a recommendation to the Trinidad and Tobago government since 2002 to include Domestics as workers under the IRA.

A similar recommendation came out of the Regional Strategy to Improve the Status, Terms and Conditions of Work of Domestic Workers in the Caribbean a workshop that was organized by the ILO Caribbean Office in Jamaica since 1997. This is a recommendation that is also included in the Trinidad and Tobago Draft Policy Statement on Women.

Because Domestics are specifically omitted from the protections provided under the IRA, they also have uneven coverage under much of the other protective labour legislation. Specifically, domestics are excluded from receiving benefits under the Retrenchment and Severance Benefits Act, which excludes them from compensation in the case that they become redundant.

They are also excluded from the Occupational Safety and Health Act (OSHA), legislation that protects workers health and provides for injury relief. Further, while it is mandatory for employers to register their employees with the National Insurance Board (NIB), this action is not mandatory for employers of domestics. Instead, domestics must register themselves to be eligible to receive the social security benefits provided under the NIB, an action that is often met by termination of employment when employers receive word from the NIB that their domestic employee has registered herself.

While Domestics are covered under the National Minimum Wage, which requires employers to pay a Minimum Wage and provide appropriate compensation for overtime work, Sunday work, and Public Holidays, the law is not often enforced. In many instances domestics are deprived of their wages and are forced to accept less than the Minimum Wage and are not paid for overtime and Public Holidays as the law has provided for under the Order. They are also covered under the Household Assistant Order which makes provisions for sick, vacation and maternity leave but these laws are not enforced.

In order to overcome these negatives, Domestic workers must gain the same legal recognition and status as other workers in the labour force by their inclusion under the Industrial Relations Act (IRA). Because, when they are added as a protected class under the IRA, many of the problems associated with these secondary legislative oversights would die away and Domestic workers would be able to seek redress in instances where they are deprived of their rights. They will no longer fear reprisal when standing up for just employment practices and for their basic fundamental rights according to Human Rights Treaties.

Yours In The Service Of The Working Class,

Ida Le Blanc

General Secretary

cc. Prime Minister Honourable Patrick Manning

All Members of the Senate

All Members of Parliament

Chairman Law Commission

ILO Caribbean Office

National Trade Union Centre

Non Governmental Organisation for the Advancement of Women

PETITION SUPPORTING THE LETTER OF 13^TH JANUARY, 2007 TO MINISTER OF LABOUR, SMALL AND MICRO ENTERPRISE DEVELOPMENT FROM THE NATIONAL UNION OF DOMESTIC EMPLOYEES.

WE SUPPORT THE CALL FOR THE INCLUSION OF DOMESTICS AS WORKERS UNDER THE DEFINITION OF “WORKER” UNDER THE INDUSTRIAL RELATIONS ACT.

NAME ORGANISATION

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Trinidad

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