The Labour Clauses (Concessions) Act is merely the most recent legislative expression of this well-established “Barbados Model”.
The Act is a simple and straightforward piece of legislation. To begin with, it relates only to those specially favoured business enterprises that are receiving “concessions” from our Government in the form of tax exemptions, tax waivers, tax remits and other benefits.
These “concessions” are granted to such specially favoured business enterprises under such Acts of Parliament as the Duties, Taxes and Other Payments (Exemptions) Act, the Shipping (Incentives) Act, the Tourism Development Act, the Special Development Areas Act, and the Small Business Development Act.
The new Labour Clauses (Concessions) Act is, in effect, making two simple demands of such business enterprises.
Firstly, it is calling upon them to simply obey the law and comply with their already existing obligations under such Laws as the Employment Rights Act, the Employment (Prevention of Discrimination) Act, the Protection of Wages Act, the Safety and Health at Work Act, the Holidays With Pay Act, the Shops Act, the Employment (Sexual Harassment Prevention) Act and the Labour Clauses (Public Contracts) Act.
And second, it is informing them that – going forward – their employment relationship with their workers will oblige them to:-
- pay their employees the wage rates that have been established as standard for the sector or industry within which they are operating;
- observe the hours of work and other conditions of employment that have been established as standard for the particular sector or industry;
- comply with their obligations to their employees under the National Insurance Act; and
- recognize the freedom of their employees to be members of a registered trade union and to bargain collectively.
Having either merely reiterated or established these obligations, the new Labour Clauses (Concessions) Act then goes on to declare that if an Employer breaches these obligations, the Minister of Government who has responsibility for the “concession” that the Employer enjoys “may” – after consultation with the Minister responsible for Labour – suspend or revoke the “concession”.
However, if the Employer is aggrieved by the Minister’s decision to suspend or revoke a concession, the Employer has the right to appeal the decision before the Barbados Revenue Appeals Tribunal that has been established under the Barbados Revenue Authority Act.
This is precisely the type of social legislation that Barbados is so well known for. As the Mighty Gabby would say – “It is as Bajan as Sir Gary or even me!”
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David Comissiong is a progressive Pan-Africanist political operative, founder of the Clement Payne Movement, and former head of the Barbadian government’s Commission for Pan-African affairs. Comissiong is a key Pan-Africanist in Caribbean politics and a member of the CARICOM Reparations Commission. He is also Barbados’ ambasadorial representative to the Caribbean Community.
