Chinese contract shows employer breaking T&T labour laws

The Sunday Express has obtained a copy of the employee contract of a local firm hired by the Government that is in breach of the Trinidad and Tobago labour laws.

The local firm, Trinity Housing, is Rahael Holdings Limited, Tradezone #1 El Socorro Ext, San Juan has hired Chinese labourers to work on the two schools.

The report said the contract is for an initial period of two years, with an option for either party to renew it from year to year after, to a total of five years.

Here are some other details of the contract as reported by the Express:

• Workers must hold valid T&T work permits
• Workers will be paid a basic salary of $16.20 an hour
• The hourly rate is a net figure for the first 120 hours per fortnight
• Workers pay will increase to $20.50 an hour after the 120 hours per fortnight
• Workers will have housing facilities
• Accommodation will be for a maximum of four people per room
• Accommodation to include a separate bed per person and bedding
• Accommodation to include fans or other ventilation for each room, adequate storage space for personal effects and adequate lavatory and bathing facilities
• Free transportation from the housing facility to work sites
• Free transport from airport upon arrival and departure, to and from medical facilities in case of sickness and to and from the bank for the purpose of establishing a bank account

The company will withhold $1,500 for each of the first six months of the contract up to a maximum of $9,000
The company "may" use the money to buy a return ticket for any workers who wants to return home before the expiration of five years

The paper said that the contract document it has seen clearly states that a worker is granted a work permit for one year and is bound to work for two years with an option to renew the contracts. The five year option is optional.

The paper also said one provision is a clear breach of the Trinidad and Tobago labour laws since it commits each person to work 60 hours a week. The labour code specifies a work week of a maximum of 40 hours after which employers must pay overtime.

In addition the paper states that a pay slip that it has seen shows deductions for National Insurance and Health Surcharge, which is contrary to the contractual arrangements.

Local contractor Emile Elias told the Express the employers are in serious breach of the country's labour laws.

"These contracts appear to be illegal on the face of it and the question is, why is the Government allowing its contractors to sign illegal contracts with workers?"

Elias spoke of a violation in other ways as well. He noted that the laws governing work permits state that foreigners would be hired only if government and local companies can prove to the Work Permit Committee that there were no available nationals to do the jobs that are available.

Elias contends that there is an over supply labourers in the local constructions industry and there is no need to import Chinese or any other labourers.

"It would seem to me that there is a cartel-workers are being hired from China through local labour brokers and these are powerful politicians, there seems to be a political mafia here that hires them, and these workers are being treated like slaves and can get no redress from their own country and ours. That's a national shame," he told the Express.