Caswell Franklyn, Head of Unity Workers Union

Recently, a father handed me an employment contract, that was issued to his young daughter by an offshore company operating in Barbados, and asked if there was anything I could do.

I read the document and was horrified when I realised that this is the same company whose praises were being sung by a minister of government. I am left to wonder if Government is aware of the appalling terms and conditions under which its people suffer at the hands of expatriate employers.

The investors of this company, like so many others, have been encouraged by Government to set up here, in order to bring in much needed foreign exchange and to provide jobs. But after reading the contract I am angry since it seems that Government is prostituting its people to get foreign exchange.

Government’s primary duty is to protect its citizen, which not only include providing a safe environment from the gun-toting criminals, (and they are doing a poor job in that regard) but of necessity that duty must extend to protecting the vulnerable from exploitation. It will not suffice just to put laws in place and thereafter make little or no provisions to ensure that those law are being enforced.

This young lady was offered an administrative position for the measly wage of $65, which is equivalent to 2,082 Indian rupees per day. The contract explicitly states, among other things that:

The employee is an independent contractor responsible for her own National Insurance contributions at the self employed rate; she is required to be on the job from 9:00 a.m. to 5:00 p.m. Monday to Friday and 9:00 a.m to 1:00 p.m. on Saturdays; she is required to work overtime and “shall not be entitled to additional remuneration for such additional hours”.

Also as far as I can discern, the employee is subject to the company’s policies, procedures, rules and regulations but the contract goes on to say that the employee “shall not be the servant and/or employee and/or agent” of the employer.

No one in his/her right mind would believe that a person, who is employed under such terms and conditions, is self employed. Under the National Insurance legislation, only the NIS Board, and not some scallywag foreign investor, is empowered to determine who pays contributions at the self employed rate.

Further and more recently, the First Schedule of the Employment Rights Act sets out a number of factors to determine if a person is an employee or an independent contractor. That piece of legislation was completely ignored in the drafting of the contract.

Exploitation of workers is rife in Barbados, even where Government is the employer and it would appear that foreign investors have taken their cue from Government’s lead. By way of example, on August 2, 2017 Sir Roy Trotman complained in the Senate that the Barbados Revenue Authority (BRA) was depriving workers of their pensions. He is correct in so far as retiring employees of BRA are being denied the rightful amount their pensions and gratuities.

In accordance with subsection 10.(1) of the Barbados Revenue Authority Act, officers, who were seconded from central government to the authority, were guaranteed that their service with BRA would count toward their public service pensions, as if the officer had not been so seconded. As I understand it, this provision is being misinterpreted to say that the service with BRA counts toward the pension but not the salary received during the period of secondment.

Subsection 10.(2) then provides that those “public officers shall be employed on terms and conditions that are no less favourable than those enjoyed by a public officer of proximate rank…” To my mind, subsection 10.(2) is absolutely clear and there is really no need for this confusion.

One of the terms of public service employment is that an officer’s pension is based on the salary for last thirty-six months of that officer’s service. Since the persons who transitioned to BRA are employed under no less favourable terms, this matter is really a “no brainer”. My advice to Government is to stop the exploitation; do the decent thing and pay the people their just dessert.

54 responses to “The Caswell Franklyn Column – Offshore Companies Breaching Employment Laws with Impunity”

  1. Annoyed Citizen Avatar

    I personally think that some of you are full of bullshit. Yes he has spoken out on some things in the past that has repercussions, so does every other person, but at least he is speaking his mind on issues that affect us all.

    Government is in bed with some of these companies, I KNOW THAT FOR A FACT, Payola is a prominent thing in Barbados to get things done quickly (taking a leaf from the music industry)

    Kindly note, that this particular company is owned by INDIANS from India who not only happen to be idiotic in their dealings but RACIST to boot. Because it says American University does not make it American.

    Think about it, IF you were in this situation what would you do? currently the country is going through a recession, so as a local Staff at this institution, know most probably would know that jobs are hard to come by and they may have families to support and are probably trying to put up with the crap in order to try to make it for themselves and family.

    I know a few who work there and they do not agree with a lot of things. Some staff are currently being bullied and pressured to sign contracts or else. The permanent staff contracts are no better, Don’t talk about going to the LABOUR DEPARTMENT EITHER, What can they do, they are understaffed and over worked with a lot to deal with on a daily basis. A lot of the contract is against the LABOUR LAWS OF BARBADOS.

    Its one thing to bring these people here to set up businesses, BUT ANOTHER TO SELL OUT YOUR OWN PEOPLE IN DOING SO, TO BE MISTREATED, BE UNDERPAID, AND FORCED TO HANDLE A LOT OF SHIT BASE ON RACISM OR WHAT IS CONSIDERED THEIR CAST SYSTEM. This should not be happening, NOT HERE IN BIM. Not after everything our forefathers fought so hard against.

    When bringing companies to Barbados, Gov should have an institution in place to police these companies and make sure that they comply with the Laws of Barbados. And to make sure that Our people are treated properly. Also to safeguard our foreign exchange, Make sure these companies cannot send all funds acquired out of the island as they do now.

    This Current Government should be investigated for taking bribes, and held accountable for their actions. They were placed in power by the people, to represent the people and should be held accountable by the people. So take a leaf from Trinidad and Jamaica and a few other countries. If found guilty they should be prosecuted.


  2. If found guilty they should be prosecuted.
    +++++++++++++++++++++++++++++++++++
    Presumably they would have to be prosecuted BEFORE they can be found guilty…

    Perhaps if found guilty, they should be PERSECUTED.


  3. The contract is quite unfair for an employee to be expected to sign; but because of today’s economic situation, some people might just well be forced to sign to earn an honest dollar.

    The first part of the headline I agree with that the company is flouting the labour laws; but as for the second part, I am only able to understand that as speculation.

    If NIS was informed about this; then they ought to prosecute; and only if they didnt prosecute would you say that they are getting away with it.

    There is a schedule to the Employment Rights Act which lists factors to be taken into account for determining whether someone is an employee or not; the list concedes that it is not exhaustive and many if not all of the items have come from the common law. The contract itself meets a few items on that list; Example: work carried out within fixed hours or at a workpalce specified; work involves the integration of the employee in the employer’s organisation; employee is subject to the procedures of the business.

    ALSO the contract itself is inconsistent and refers to the “Contractor” as “Employee” as well.

    A rose by any other name is a rose.

    If they remain unprosecuted, then either they have received special treatment (concessions or other “legal” amenities); or the relevant authorities aren’t doing their job.
    If the latter, then the problem is two-fold: shame on the employer and shame on the administration that sits by and lets the laws of Barbados be flouted.


  4. that slavery, she should be at work from 9 to 5, and saturdays 9 to 1pm. I dont think they want to pay her when she work overtime or on saturdays. There should be some board that is responsible for these companies that come in barbados to rob and take advantage of workers. Some years back a company came into barbados, and employed workers but didnt pay them, then it was later learned that the company was shut down in canada, so they move to barbados, where the set up was easy, and no questions asked. I think the girl should be looking for another job, if she can find one.

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