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Trinidad and Tobago - Minimum Wages - 2009


LAST UPDATE

2 November 2009.

SOURCES


Name of Act

The Minimum Wages Order 2005, Legal Supplement Part B, Vol. 44, No. 64, 21 April 2005

Name of Act

Minimum Wages Act 1976, Act No. 35 of 1976, Chap. 88:04

Name of Act

Minimum Wages (Amendment) Act 2000, Act No. 11 of 2000, Legal Supplement Part A, Vol. 39, No. 110, 8th June 2000

LEGAL DEFINITIONS


Employee/worker

Means a person in receipt of earnings from an employer in respect of employment and includes an out-worker.
Minimum Wages Act § 1

Employer

Means a person who employs a worker.
Minimum Wages Act § 1

MINIMUM WAGE FIXING


Procedure


Government decides after tripartite or bipartite body discussions/recommendations

The government sets the minimum wage in an Order based on the recommendation of the Minimum Wages Board, set up of government, employers` and workers` representatives. The government may accept the recommendation of the Board either fully or in part, or reject it. A notification period of 21 days allows concerned persons to raise any objections to the Minimum Wages Board recommendation. These objections are referred back to the Board for consideration. A national minimum wage rate that applies to workers in all sectors was implemented in 1998. Prior to this, only certain occupations and sectors were covered by a statutory minimum wage rate.
Minimum Wages Act §§ 11, 14, 15, 17

Minimum wage set through decentralized collective bargaining

Wages may be fixed by collective agreement, but these wages may not be lower than any minimum wage rate set by the government.
Minimum Wages Act § 19

Criteria


Cost of living

Yes.
Minimum Wages Act § 14

Level of wages and incomes in the country

Yes, the general level of wages.
Minimum Wages Act § 14

Social security benefits

Yes - including consideration of contributions payable and benefits provided under the system of national insurance established by the National Insurance Act
Minimum Wages Act § 14

Economic development

Yes.
Minimum Wages Act § 14

Productivity

Yes.
Minimum Wages Act § 14

Level of employment

Yes - the desirability of attaining and maintaining high levels of employment.
Minimum Wages Act § 14

Coverage


Scope

A national minimum wage applies to workers in Trinidad and Tobago. Certain categories of workers are excluded from this order (see section: Categories of workers excluded from minimum wage protection).
Minimum Wage Order §§ 2, 3, 6, 8

Excluded categories


» Workers

Trainees in government-approved training schools
Registered apprentices
Workers in certain government-approved schemes
Students on vacation jobs
Volunteers in registered charities
Minimum Wage Order § 8

Specific minimum wage rates


» Specific minimum wage by occupation

No - The national minimum wage is a standard rate that applies to all occupations.
Minimum Wages Act § 3

» Specific minimum wage by sector

No - The national minimum wage is a standard rate that applies to all sectors.
Minimum Wages Act § 3

» Specific minimum wage by region

No - The national minimum wage is a standard rate that applies to all regions.
Minimum Wages Act § 3

» Minimum wage levels for specific categories of workers


» Piece-rate workers

Piece rate workers and out-workers must be paid either:
· an agreed piece-rate; or
· an hourly rate based on a fair estimate of the average number of hours the worker is likely to perform in a normal working day.
Rates should not be less than the equivalent of the national minimum wage.
Minimum Wage Order § 2

» Other categories

Out-worker shall mean a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired or adapted for sale, in his own home or on other premises not under the control or management of the person who gave out the articles and materials.
Minimum Wages Act § 1

Level


Minimum wage level(s) in national currency

National Minimum Wage Rate
$TT 9 per hour
Minimum Wage Order § 2

Last minimum wage update

29 March 2005
Minimum Wage Order

In-kind allowances

When calculating the minimum wage paid to a worker, gratuities, service charges and commissions may not be included. The legislation does not state whether wages paid in-kind may be included.
Minimum Wage Order § 2

Rate of payment


» Hourly

Yes.
Minimum Wage Order § 2

» Daily

Yes.
Minimum Wage Order First Schedule

» Weekly

Yes.
Minimum Wage Order First Schedule

» Monthly

Yes.
Minimum Wage Order First Schedule

Scheduled frequency of adjustment

The legislation does not state how frequently the minimum wage rate should be adjusted.

Enforcement mechanisms


Labour inspection

An authorized labour inspection officer may carry out the inspections necessary in order to ensure that the minimum wage rate is applied.

In the event that a complaint is made by a worker, alleging non-compliance with any minimum wage order, the employer may not dismiss, suspend or otherwise adversely affect the employment of the worker by reason only of the complaint made.
Minimum Wages Act §§ 21, 22c

Fines in national currency for non-respect of legislation

In case where an employer has been found by the Industrial Court to be guilty of paying less than the statutory minimum remuneration to any worker, the employer shall be liable to pay to the worker a sum equal in amount to the difference between the amount actually paid as remuneration and the statutory minimum remuneration in addition to compound interest, at a rate to be determined by the court.
Minimum Wages Act §§ 24, 25
Minimum Wages (Amendment) Act § 9

Results generated on: 25th October 2014 at 23:14:04.
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