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Trinidad and Tobago - Working time - 2011


LAST UPDATE

8 April 2011

SOURCES


Name of Act

The Minimum Wages Order 2010, Legal Supplement Part B, Vol. 49, No. 156, 10 December 2010
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Name of Act

Public Holidays and Festivals Act, Chapter 19:05, of 1872 as amended up to 2006.

Name of Act

Employment of women (night work) Act, Chapter 88:12, Act No. 3 of 1939 as amended up to 1980.

Name of Act

Children Act, Chapter 46:01, Act No. 4 of 1925 as amended up to 2007

Name of Act

The Minimum Wages Shop Assistants Order, 1991

Name of Act

The Minimum Wages Catering Industry Order, 1991

Name of Act

The Minimum Wages Household Assistants Order 1991.pdf

Name of Act

The Wages Regulation(Agricultural Undertakings) Order, 1964

Other source used

Other source used

Industrial and Employment Relations Department (DIALOGUE) of the ILO Website. National Labour Law Profile: Trinidad and Tobago.

LEGAL DEFINITIONS


Night work(er)

Night worker is the worker who perform work in any industrial undertaking during any portion of a period of eleven consecutive hours including the interval between ten o’ clock in the evening and five o’ clock in the morning.
Children Act §88
Employment of women (night work) Act §2

Young worker

Young workers are the workers over the age of 14 years and under the age of 18 years old.
Children Act §2

NORMAL HOURS LIMITS


Daily hours limit


General limit

The normal working day shall not exceed eight hours, exclusive of meal and rest breaks.
The Minimum Wages Order §3(1)

Exceptions

Nothwithstanding the normal daily hours limit, in businesses which schedule of work is only four days per week the daily hours shall not exceed ten hours, exclusive of meal and rest breaks.
The Minimum Wages Order §4

Weekly hours limit


General limit

The normal working week shall not exceed forty hours, exclusive of meals and rest breaks.
The Minimum Wages Order §3(2)

OVERTIME WORK


Criteria for overtime


General

Overtime work is the work performed in addition to the normal working day limit or on off-days, Sundays or public holidays, or for each additional hour or part thereof beyond forty hours in any one week exclusive of meal and rest break.
The Minimum Wages Order §5(1)

Compensation for overtime work


Overtime rate(s)

The overtime rates are set in 150%, 200% or 300% hourly rate depending on if the overtime work is performed up to the first four hours, up to eight hours or thereafter.
The Minimum Wages Order Second Schedule

Exceptions

The rate of wages for overtime workers does not apply to certain categories of workers:
-Trainees in government-approved training schools
-Registered apprentices
-Workers in certain government-approved schemes
-Students on vacation jobs
-Volunteers in registered charities
The Minimum Wages Order §8

Compensatory rest

Where a worker continues to work for two hours after his normal working day, he shall be entitled to a paid break of no less than 15 minutes and to a further paid break of no less than 20 minutes for every additional 2-hour period.
The Minimum Wages Order §3(5)

Special categories


Domestic work

Domestic workers are expressly included in the general provisions for overtime.
The Minimum Wages Order §6

REST PERIODS


Rest breaks


General provisions

A worker is entitled to a meal break of not less than 45 minutes after no more than 4 and one-half consecutive hours, calculated from the scheduled time of commencement of duty and an additional rest break of no less than 15 minutes after a subsequent period of no more than 3 hours.
The Minimum Wages Order §4(1)

Weekly rest periods


Duration

The weekly rest is one day which normally will be taken on Sunday.
The Minimum Wages Catering Industry Order §4
The Minimum Wages Shop Assistants Order §4
The Minimum Wages Household Assistants Order 1991 §5

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

For being entitled to annual leave the worker shall been employed at least for a period of more than 220 in that year.
The Wages Regulation(Agricultural Undertakings) Order §7(1)
The Minimum Wages Shop Assistants Order §7(1)
The Minimum Wages Shop Assistants Order, 1991 §6(1)
The Minimum Wages Catering Industry Order, 1991 §6(1)

Duration


» General

All workers in general are entitled to 14 consecutive days holiday with pay at the expiration of each complete year.
The Wages Regulation(Agricultural Undertakings) Order §7(1)
The Minimum Wages Household Assistants Order §7(1)
The Minimum Wages Shop Assistants Order, 1991 §6(1)
The Minimum Wages Catering Industry Order, 1991 §6(1)

Payment

Annual leave is paid.
The Wages Regulation(Agricultural Undertakings) Order §7(1)
The Minimum Wages Household Assistants Order §7(1)
The Minimum Wages Catering Industry Order, 1991 §6(1)
The Minimum Wages Shop Assistants Order, 1991 §6(1)

PUBLIC HOLIDAYS

The President of Trinidad and Tobago may by Order -
-amend the Schedule of Public Holidays, and
-declare any day to be a day of Public Festival and specify areas in which and conditions subject to which such public festival may be celebrated.

Number and dates

New Years Day (the First day of January in each year), Emancipation Day (the First day of August in each year), Independence Day (the 31st of August in each year), Labour Day (The 19th of June), Boxing Day (The26th day of December), Christmas Day (25th December in each year), Easter Monday, Good Friday, Spiritual Baptist Liberation Shouter Day (30th of March), Indian Arrival Day (30th of May in each year), Corpus Christi (First Thursday after Trinity Sunday), Republic Day (24th of September), plus Eid-ul-Fitr and Divaly Days (October), and all Sundays which are observed as Common Law Holidays.
Public Holidays and Festivals Act Schedule

Payment

It is unclear if public holidays are paid since there are no provisions in the legislation. However some sources determines that leave entitlements in the private sector are agreed between employers and unions, which became part of a registered collective agreement. In absence of such collective agreements paid public holidays are at the discretion of the employer.
DIALOGUE National Labour Law Profile: Trinidad and Tobago

NIGHT WORK


Criteria for night work

Night work is the work performed in the interval between ten o¿clock in the evening and five o¿ clock in the morning.
Children Act §88

Special categories


Young workers

Under the age of 18 years old it is not allowed to perform work during the night in any public or private industrial undertaking, or in any branch thereof other than an undertaking in which only members of the family of the proprietor or owner are employed.
Children Act §90(1)

Women

It is prohibited the employment of women to work at night in industrial undertakings save for certain limited exceptions;
- industrial undertakings in which only members of the same family are employed
-women holding responsible positions of management who are not ordinarily engaged in manual work
-where the work has to do with raw materials in course of treatment which are subject to rapid deterioration and for preparation and packing of fresh fruit for inmediate shipment.


in night work in Trinidad and Tobago
Employment of women (night work) Act §6

SHIFT WORK


Rest breaks

A worker on continuous or non-continuous shift work is entitled to a paid break of no less than 20 minutes after no more than 4 and one-half consecutive hours calculated from the scheduled time of commencement of duty and an additional paid break of no less than 10 minutes after a subsequent period of no more than 3 hours.
The Minimum Wages Order §4(2)

Results generated on: 25th October 2014 at 02:40:50.
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