Harmonization of Labour Legislation in ILO member States in the English and Dutch-speaking Caribbean (RLA/05/M09/CAN)

Desk Officer:

Harmonization of labour law (meaning that the scope of the laws and the enforcement of the legislation comply with the provisions of the CARICOM model texts, as well as the relevant ILO international labour standards ratified by the countries concerned) in the countries of the Caribbean has been on the agenda of the ILO and the Caribbean Community (CARICOM) for a number of years. Throughout the late 1980s and early 1990s the ILO provided technical support in drafting model legislation in the areas of:

• Termination of employment,
• Registration, status and recognition of trade unions and employers' organizations,
• Equality of opportunity and non-discrimation in employment, and
• Occupational safety and health.




At the 13th meeting of the CARICOM Standing Committee of Ministers responsible for Labour (1995, Bahamas), the technical assistance provided by the ILO in drafting the model texts was noted with appreciation and 3 model texts were accepted. The CARICOM model law on occupational safety and health and the working environment was accepted at a later meeting of the Standing Committee (1997, Trinidad and Tobago.

CARICOM member States are expected to use these models 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. Within the scope of this project, it is understood that the bodies responsible for the application of the legislation and the actual language of the legislation will differ from country to country to reflect their unique economic and social situations.

DIALOGUE, the Office unit responsible for labour law reform, will support the Subregional Office for the Caribbean in implementing the project. The purpose of this project is:

• To undertake a comparative analysis to identify the extent to which national labour legislation (in the ILO's 13 member States) is in accordance with the 4 CARICOM model labour legislations and relevant international labour standards, by identifying areas of compliance and areas where gaps exist.
• To develop a database of relevant national labour legislation in respect of the 4 CARICOM model legislations, the texts and provisions of the 4 CARICOM model texts, the full texts of relevant ILO Conventions and Recommendations and the results of the comparative analysis.
• To raise awareness and provide training for the tripartite partners on the scope and provisions of the 4 CARICOM model texts, the relevant ILO Conventions and Recommendations, the relevant national legislation in the 4 subject areas, and the relevant national labour legislations of the other Caribbean nations.
• To engage the tripartite partners at the national level in a social dialogue process about their national labour legislation, the legislative process and to identify areas where implementation mechanisms needed to be reinforced.
• To identify possible areas where further legislative guidelines may be needed.
• To stimulate regional social dialogue on harmonization of labour legislation.