Labour Relations Practices

This brief is an attempt to explain as simply as possible the main aspects of employment relationships in Barbados. It is not intended to be a comprehensive analysis of industrial relations practice on the island and does not purport to deal with every situation that may arise. In any case where a situation arises that is out of the ordinary, the employer should consult a human resources advisory firm or seek legal advice.

Contract of Employment

The fundamental legal institution of Labour Law is the individual Contract of Employment.  It is the basis of the relationship between the employer and the employee; it constitutes an agreement between the two parties and sets out their employment rights, responsibilities and duties. All employees have an employment contract with their employer and both parties are bound to the employment contract until it ends or until the terms are changed.  Employment contracts may be formed through expressed written agreement; expressed oral agreement; and or conduct of the parties.  Contract terms can come from a number of different sources which can be grouped under two main headings; voluntary, that is, sources that are determined on the initiative of the prospective parties to the contract or by their representatives, and legal that is, sources which have been established by statute or the common law to regulate the structure of contracts of employment and some aspects of behaviour of the parties who make such contracts. Examples are:

At the present time there is little statute law which structures or otherwise regulates the substance of the contract of employment between employers and their employees. The contract of employment remains very substantially, therefore, a subject which is regulated by the common law, and, in fact, is no more than a set of voluntary but enforceable promises under the protection primarily of the civil law. However, in the traditions of good industrial relations practice each employee should be issued a written statement of main employment particulars prior to or on commencement of employment. This statement should outline some of the main employment terms such as the job description, hours of work, probation period, rate of wages and or method of calculation, as well as the intervals at which wages are paid.  

It is worthy to note that impending legislation which will seek to confer on employed persons new employment rights has incorporated in its provisions the abovementioned practice and stipulates enforcement measures.   

Industrial Relations System

Industrial relations are concerned with the interactions among three groups. These are the primary parties (employers and employees), the secondary parties which consist of management or management organisations and trade unions, and the third parties comprising state agencies which attempt to mediate between the employers and employees and unions. It is however the interaction between the primary parties (employer & employee) and the secondary parties (management & unions) that result in industrial relations practice.

Historically industrial relations in Barbados have relied on a system of voluntarism.  It is a system whereby the government permits the employers and the trade unions to conduct labour management affairs and to reach levels of satisfactory relationships through negotiations, discussion and eventual compromise which result in agreements that both parties will enact and respect.  Though there is minimum government interference there is a general understanding that the government still has to set down certain minimal standards below which the players will not go, and those minimal standards being as well intended to cover those areas where there is no interface between the trade union and the employers for whatever reason.

Voluntarism acts on the following principles:

• Unrestricted Search & Selection Process
• Contract of Services - (Expressed/Implied)
• Collective Agreement
• Conciliation/Mediation through Labour Department
• Social Partnership by Invitation
• Principal Legislation.

Trade Unions

Generally, workers in large and medium companies are organised in trade unions, however, it is a constitutional right of all employees to join a union of their choice. Trade Unions are governed by the Trade Unions Act, Cap. 361 and provides for compulsory registration of all workers' and employers' organisations within three months of formation. The Barbados Workers Union is the largest and most prominent trade union in the private sector but also represents workers in the public sector.  The second largest union is the National Union of Public Workers which operates exclusively in the public sector. The Barbados Employers' Confederation is the main trade union representing employers and its membership is drawn from a wide cross-section of services.  It plays a major role in the formulation of the employers' position on human resource management, labour relations, and labour market policies in Barbados.

The Labour Department provides conciliation services and assists in the resolution of grievances and disputes when the primary and secondary parties fail to reach an agreement at a domestic level.  Its mandate is to enforce labour legislation and monitor occupational safety and health standards.  The department is governed by the Labour Department Act, Cap.23 which states that the primary statutory functions of the Chief Labour Office are to receive and investigate all representations made to him with a view to the settlement of disputes and grievances and to conciliation.  Additionally, his role is to advise the government with regard to the betterment of industrial relations and all labour matters; as well as to ensure the due enforcement of the Acts which he may from time to time be required to enforce.  In the Department's role to enforce labour legislation the Labour Department Act gives Labour Officers the powers of entry which enable them to inspect and examine work premises to ensure that legal provisions are being observed.