COUNTRY

Written Agreements

An employment contract can be expressed or implied, oral or in writing, or partly oral and partly in writing. The form of contract is determined by an agreement between the parties or the applicable collective agreements. A term can be implied only if it is necessary to make the contract work and if it is so obvious that it goes without saying. If implied terms are inconsistent with the express terms of a contract, express terms take precedence in effect.

Oral Agreements

An employment contract can be expressed or implied, oral or in writing, or partly oral and partly in writing. The form of contract is determined by an agreement between the parties or the applicable collective agreements. A term can be implied only if it is necessary to make the contract work and if it is so obvious that it goes without saying. If implied terms are inconsistent with the express terms of a contract, express terms take precedence in effect.

Implied Agreements

An employment contract can be expressed or implied, oral or in writing, or partly oral and partly in writing. The form of contract is determined by an agreement between the parties or the applicable collective agreements. A term can be implied only if it is necessary to make the contract work, and if it is so obvious that it goes without saying. If implied terms are inconsistent with the express terms of a contract, express terms take precedence in effect.

The standard working hours are 8 hours per day, exclusive of meal and rest breaks. The working hours during a week must not exceed 40 hours. The normal working day for businesses that schedule employees to work only 4 days in the week shall not exceed 10 hours, exclusive of meal and rest breaks. When an employee continues to work for 2 hours after their normal working day, they 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.

Different schedules and working hours can be determined by collective agreements.

Employees in Trinidad and Tobago are entitled to 2 weeks of paid annual leave after they complete 1 year of working. When a public holiday falls during the annual holiday of an employee, they are entitled to 1 additional day of paid leave for every holiday. When an employee becomes sick during their annual leave, they get an additional day of paid leave for every day of sick leave once the sick leave is certified by a medical practitioner. Part-time employees are entitled to annual leave based on a pro-rata basis for the number of hours worked.

Employees are entitled to 14 days of sick leave per year after they have completed 6 months of service. They must submit a medical certificate for sick leave in excess of 2 days at a time. The National Insurance Board (NIB) grants sickness benefits to insured employees who are incapable of working because of sickness and are certified by a registered medical practitioner.

The amount of benefit is determined according to the earning class (based on the average earnings of the employee in the last 3 months), ranging from TTD 23.14 (Trinidad & Tobago Dollar) to TTD 268.97 per day. The difference between sickness benefits and the salary of the employee is paid by the employer. The sickness benefit is paid up to a maximum of 52 weeks. When employees receive sickness benefits, they are not liable to pay contributions to the NIB. They receive credits so that their loss of earnings does not affect their entitlement to any further benefits.

Pregnant employees are entitled to 14 weeks of paid maternity leave that can be started 6 weeks prior to the expected date of delivery. To be eligible for this leave, employees must be employed with the same employer for over 12 months and must inform their employer of availing this leave at least 8 weeks before the expected date of delivery with a medical certificate. Employees are also entitled to maternity leave with pay when the child dies at birth or any time within 14 weeks. Employees can also take time off for prenatal medical care during their working hours.

Employees are entitled to maternity benefits from the National Insurance Board and pay from their employers. Employers must pay employees 1 month’s leave with full pay and 2 months’ leave with half pay. Employees’ right to maternity leave pay is limited to once in 24 months commencing at the beginning of maternity leave.

Maternity benefit from National Insurance Board (NIB) is paid to insured employees who are certified as being at least 26 weeks pregnant by a medical practitioner. They must have been employed and paying contributions for 10 out of previous 13 weeks. The benefit is comprised of a weekly payment of a Maternity Allowance (to a maximum of 14 weeks paid in a lump sum) and a Maternity Grant of TTD 3,750 (Trinidad & Tobago Dollar). The amount of allowance depends on the earning class (based on the average earnings of the employee in the last 3 months), ranging from TTD 23.14 to TTD 268.97 per day.

There are no provisions regarding paternity leave or benefits in Trinidad and Tobago.

Minimum Wage

In Trinidad and Tobago, the national minimum wage is set by the Order of the Ministry of Labor in accordance with the recommendation from the Minimum Wages Board. No employee must be paid less than the minimum wage. The minimum wage is set to TTD 20.50 (Trinidad and Tobago Dollar) per hour, with effect from January 1, 2024.

Overtime, Holiday & Vacation Pay

Employees working more than the standard working hours in a week or on off-days or public holidays are entitled to overtime pay. Overtime pay is calculated as follows:

• For overtime worked beyond 8 hours on a working day – first 4 hours are paid at 1.5 times the hourly rate, next 4 hours at 2 times the hourly rate, and thereafter 3 times the hourly rate
• For overtime worked beyond 10 hours on a working day of a 4-day shift work – first 4 hours are paid at 1.5 times the hourly rate, next 4 hours at 2 times the hourly rate, and thereafter 3 times the hourly rate
• For time worked on an off-day or a holiday – first 8 hours are paid at 2 times the hourly rate, and thereafter 3 times the hourly rate
• For time worked beyond 40 hours work week – first 4 hours are paid at 1.5 times the hourly rate, next 4 hours at 2 times the hourly rate, and thereafter 3 times the hourly rate

Notice Period

There are statutory provisions for notice of dismissal only in case of retrenchment. A minimum written notice of 45 days is required in this case. In other cases, a notice requirement can be determined in the employment contract or collective agreements.

Severance Benefits

It is mandatory for employers to pay severance benefits to employees if they are dismissed for reasons of redundancy. Employees who have worked for more than 1 year with the employer are eligible to receive severance benefits. In case of absence of a collective agreement to the effect, the minimum severance benefits are paid as follows:

• Employees who have worked for more than 1 but less than 5 years – 2 weeks’ pay for each year of completed service
• Employees who have worked for 5 years or more – 2 weeks’ pay for each year of completed service till the 5th year and 3 week's pay for each year after that

If the proposed retrenchment plan includes the absorption of employees into another organization of the same employer or their successor, the employer can withhold severance benefits to employees and instead pay 50% of their basic salary as a relief payment for the period between retrenchment and absorption into the other job.

As there are no statutory requirements for paying severance pay in other cases, the matter is determined by individual employment contracts or collective agreements.

Pension

The National Insurance Retirement Benefit is designed to supplement the income of individuals after retirement. Every employee who has paid National Insurance contributions is entitled to a Retirement Benefit. They qualify for the benefit at any time between the ages of 60 and 65 if they are retired or at age 65 whether they retire or not. Insured members who have paid at least 750 contributions are entitled to a retirement pension. Those who have paid less than 750 contributions are entitled to the Retirement Grant, paid as a one-time lump sum amount.

Retirement pension is calculated according to the earnings class of the employee, based on the contributions paid. A basic pension is paid to those who have made 750 contributions. Those who have paid more than 750 contributions get an increment for each block of additional 25 contributions. The weekly basic pension ranges from TTD 130.78 (Trinidad and Tobago Dollar) to TTD 941.40, and the monthly basic pension ranges from TTD 566.72 to TTD 4,079.40.

A retirement grant is paid as a lump sum equal to thrice the total value of contributions made, subject to a minimum of TTD 3,000.

Dependents/Survivors Benefits

The National Insurance Board of Trinidad and Tobago provides pension benefits to dependents of insured members who die of reasons other than occupational injury. Eligible dependents include spouses, common law partners, children, step-children, adopted children, and dependent parents. The deceased member must have paid at least 50 contributions. Survivors must apply for the benefit within 12 months of the death of the insured member.

The rate of survivor benefit paid based on the death of an insured person will be determined by the earnings class of the average of all the contributions paid by the insured person. This benefit rate is shared between all the survivors in a ratio established in the regulations as follows – 60 % for the surviving spouse, and the rest is shared among any dependent children and/or parents. Benefits are paid to the surviving spouse for life or until they remarry, and children are paid until the age of 19.

In case of death of an employee due to occupational injury or disease, their dependents receive death benefits. The amount of benefits is determined by the rate of contribution paid by the deceased member in the week of their death arising out of the injury on the job or to the rate of Employment Injury Benefit that they were receiving.

Invalidity Benefits

In Trinidad and Tobago, insured members who are under the age of 60 and are medically certified as invalids are entitled to invalidity benefits from the National Insurance Board (NIB). To be eligible for benefits, they must have made at least 150 contributions, 50 of which must be made during the 3 years immediately preceding the start of invalidity, or 250 contributions in the immediately preceding 7 years, or 750 contributions or more in total. Insured persons must apply for the benefit within 13 weeks of the beginning of their invalidity. If the claim is made more than 12 months after the start of their illness or loss of earnings, the benefit shall be forfeited.

The amount of benefit depends on the average rate of all the contributions they have paid. Those who have paid more than 750 contributions get an increment for each block of additional 25 contributions.

In case of disability due to workplace injury or occupational disease, employees receive reimbursement for their medical expenses up to a maximum of TTD 28,125 per injury. In case of temporary incapacity to work, an injury benefit is paid for a maximum of 52 weeks. In case of permanent disability, a disability pension is paid until the disability ceases.