Caswell Franklyn, Head of Unity Workers Union

When I write these columns and highlight noncompliance with rules and regulations, I do so with one objective in mind. That is, to expose the wrongdoing, with the hope that those responsible would take corrective action.

In my last column, I wrote about the appalling terms and conditions under which Barbadian workers suffer, at the hands of expatriate employers. After its publication, I was swamped with calls from workers, who are being wrongly classified as self employed, in the local private sector and amazingly in the public service.

Employers classify their workers as self employed in an effort to save payroll costs but in so doing, they put their workers at a serious disadvantage. Subject to the maximum insurable earnings of $4,650 per month or $1,073 per week, regular employees pay 10.1% of their earnings as National Insurance contributions and employers pay an additional 11.25% on behalf of the workers. Self employed workers pay 16.1%.

When an employer illegitimately classifies a worker as self employed that employer saves 11.25% that should be paid into the National Insurance Scheme (NIS). That cost saving measure means that the employee pays 6% more contributions. The disadvantage to the worker does not stop there. Self employed workers do not get vacation pay, and in the event of an accident at work, they are not entitled to receive injury benefits from NIS.

It is therefore important for a worker to know if he/she is being exploited by being classified as self employed. Prior to the enactment of the Employment Rights Act (ERA), a worker had to rely on the common law to determine if a contract of employment existed. However, the First Schedule of that act has codified some of the factors used to determine the existence of a contract of employment. It states:

In determining whether a contract of employment exists,

consideration shall be given to whether

(a) there is an obligation on the part of the employee to give personal and exclusive service;

(b) the work is done according to the instructions of the employer, and the manner in which the work is being carried out is subject to the control and direction of the employer;

(c) the work has continuity, and such continuity creates for the employee an economic dependence upon the employer, without there being any financial risk to the employee;

(d) the work is carried out within fixed hours or at a workplace or workplaces specified or agreed by the employer;

(e) the work involves the integration of the employee in the organisation of the business, including his subjection to its policies;

(f) the employee is subject to the procedures of the business for addressing grievances and disciplinary matters;

(g) the employee is in receipt of periodic remuneration payable on a stipulated basis, for example, at hourly, weekly or monthly intervals, and all such payments are subject to statutory deductions;

(h) the employee is entitled to holidays with pay; and

(i) the employee makes no, or only nominal, investment in tools and equipment.

Please note that all of these factors do not have to exist in order to make the determination.

My biggest concern is that workers in this country are increasingly being treated slightly better than slaves, despite there being an impressive set of labour laws on the books. Mind you, one of the biggest, if not the biggest offender, is Government.

For example, this administration passed the ERA in 2012 which requires employers, including statutory boards, to give a written statement of employment particulars to employees, prior to or forthwith upon the commencement of their employment contract. To date, the Barbados Revenue Authority has so far failed to comply with this requirement.

Also, that same act requires employers to engage in consultation, with employees or their representatives, at least six weeks prior to making staff redundant. In 2014 the National Housing Corporation summoned some members of its staff to the boardroom and informed them that they were being made redundant immediately. So far, none of the 23 workers being represented by Unity Workers Union has received one red cent in severance pay.

It is time that workers say to this Government, thus far and no further!

80 responses to “The Caswell Franklyn Column – Rules to Determine Self Employment”


  1. @ Hants
    Hush do!!

    Would you pump the sea dry in order to prevent future drownings?
    Or just insist that brass bowls learn to swim…?

    What you are proposing is about as possible as pumping the sea dry….
    Check out if even the Ministry of Labour don’t use ‘self-employed’ staff…. 🙂

  2. Well Well & Consequences Observing Blogger. Avatar
    Well Well & Consequences Observing Blogger.

    Am sure Hants saw where Caswell posted to me that the government engages in the same nasty illegal practices against employees…..

    ….the only remedy for fighting this evil dishonesty and deceit from both government and the public sector on down is to completely shut down the country for one week…

    ….and if they both refuse to make the requiste changes, shut down the country for 2 weeks…

    …. and if both government and private sector still continue to treat employees like they are slaves, shut down the country for 3 weeks…..

    ….and keep shutting down the country until they both understand the message.


  3. @ Hants
    Bushie’s BEST ‘Boss’ experience EVER with employees, has been with some ‘self-employed’ fellas that the Bushman ‘fired’ many years ago …and offered work as ‘self employed contractors’.

    Shiite man Hants… you should see them now….

    THEY now employ others …
    THEY now got almost as much money as the bushman…. (almost!! 🙂 )
    THEY don’t have to bow or scrape to ANYONE…. including Bushie.. (but they still genuinely respect the bushman)
    THEY are no longer anybody’s servants, slaves or serfs…
    They KNOW that they are capable of success…

    That was some of the best shit that Bushie EVER did boss…..

    The ‘problem’ with self-employed BBBBBs is that, in their minds, they are still SLAVES, who continue to see themselves as mendicant serfs, and who now have no one to wipe (and whip) their sorry asses….

    Don’t knock it just because brass bowls hate it….

  4. Well Well & Consequences Observing Blogger. Avatar
    Well Well & Consequences Observing Blogger.

    For decades, besides all the bribery and corruption. .. that’s the only thing that kept that strong bond sealed between the 2 black governments and the private sector……keeping the majority population in slave like conditions, with no recourse for change in order so they both can continue to maintain a slave society to benefit them both in their quest for infinite greed, selfishness and self enrichment….

    The unions and the majority population now hold the power in their hands after decades…..to shut that shit down…, completely.

    Bushman….see why I wanted them both under the glare of cameras so the public could see and hear for themselves.

    It is now time to shut down the country….but organized by the unions AND the people…ONLY.


  5. @ Bush Tea,

    I was self employed for most of my adult life.

    I was simply supporting Caswell’s contention that the people he is trying to help are being disadvantaged.


  6. Bush Tea wrote ” THEY now employ others …
    THEY now got almost as much money as the bushman…. (almost!! 🙂 )”

    You are the greatest Bushie. lol


  7. LOL @ Hants
    I was simply supporting Caswell’s contention that the people he is trying to help are being disadvantaged.
    +++++++++++++++++++
    Don’t mind Caswell… he is a modern day Jonah.
    Called to save the people ..but instead trying to run away in a little shiite boat called ‘Unity’…
    LOL
    ha ha ha

  8. Well Well @ Consequences Observing Blogger Avatar
    Well Well @ Consequences Observing Blogger

    Bushman…where are your 2 girls, the fish wives Crazy Naime and the spokesperson for criminal minorities Angela Yardfowl……after days of fire and fury, they both dead stopped cold….lol

    ah hope they are regroupng cause am locked and loaded….lol

    have you ever seen anything as sick as those two.


  9. Barbados is clearly a country living above its means. Its workers are OVERPAID, and enjoy a relatively high standard of living compared to the rest of the Commonwealth Caribbean and the rest of the Third World.

    Yet some dolts on this thread are complaining about EXPLOITATION.

    What exploitation? Do not confuse the personal and career interests of union activists like Caswell, who is trying to expand his fledgling organization, with the interests of Barbados. Barbados needs union organizers like it needs another hurricane. These people tell workers what they want to hear, but the results for the economy can be catastrophic.


  10. Trade unions exist because employers have repeatedly failed to exhibit what is fair and reasonable to the ‘average man in the street’.If employer X is fair,open,honest and sincere and such traits are seen by the worker as such,no trade union would succeed in that organization.

  11. Well Well & Consequences Observing Blogger. Avatar
    Well Well & Consequences Observing Blogger.

    Chadster is looking for attention now that he has been exposed, ignore him and he will go away, like Crazy Naime.


  12. How then can trade unions march for anything with these same employers?


  13. William Skinner

    is not an idiot………. his comments proves he’s a jackass.

    How can he define highlighting the injustices black people perpetrate against each other as “beating up on each other?”

    Perhaps he may care to explain how a few people explaining the negativities that are “holding back the race”…………. ARE THE ONES “holding back the race,” when in actuality it are those INDIVIDUALS who EXHIBIT these negatives against each other that are “holding back the race.”

    Black people doing shiite to each other, not supporting each other’s businesses, not helping each other, being envious, practicing segregation amongst each other (if you of a lighter complexion, live in a “wall house” in the “heights and terraces,” went to school at HC and have a “collar and tie job,” you believe you are much better than a person who is of a darker complexion, live in a “wood house” in the Orleans, attended Ellerslie and works at the SSA).

    And we have perfect examples on BU of people who exhibit that mentality, sense of superiority and harshly insult those who they believe are beneath them………. Just read comments from Chad99999, Hal Austin, William Skinner or Carl Moore.

    THESE ARE THE TYPES OF ATTITUDES THAT ARE HOLDING BACK THE RACE……….. NOT speaking about them………..

    …………..and PRETENDING that these attitudes DO NOT exist does not change reality.


  14. @ Bushie

    Your comments re: “Bush Tea August 28, 2017 at 7:47 AM,” explains the issue perfectly.

    Especially: “If Santa Claus was to fly over and hand a $500M business operation over to a bright black fella from Black Rock tomorrow, ….. by Christmas next year, Bizzy or baloney would be the new owner, and the BBBB from Black Rock would be driving up and down Barbados in a 2020 gold BMW with a different woman evert day, an aeroplane, .. and own three houses up by the leper.”

    ………. and: “4 – All the black public servants would suddenly know all the shiite rules that he was ‘infringing’, and unless he made them all millionaires, would apply the GRIG to his donkey…”

    +++++++++++++++++++++++++++++++++

    @ Caswell

    I must first apologise for deviating from the topic of your article.

    However, I am aware of a business in Barbados that has several legally registered subsidiary companies……. let’s say, for example, A (which is the administrative company), B, C, D & E.

    The people working for B, C, D & E are not employed by those companies………… they are hired by A. A then invoices the other companies for the cost of wages.

    The employees’ decision to join the BWU was met with difficulty because the owner refused to acknowledge the “authenticity” of their union membership on the basis that they did not write “company A” on the registration forms, but wrote the names of the individual companies they worked for…………. and he walked out of the meeting with the union officials and employees.

    It is interesting to note that “company A” does not have any assets and in the event of the other subsidiary companies closing, the employees would have to apply to the NIS tribunal for their severance payments.

    Can this “business set-up” not infringe the employees’ rights?


  15. Artax

    I am not guilty of harshly criticizing anyone.

    On occasion, I have accurately referred to some people as “dunces”, but that is the worst of it.

    Compare that to the violent threats and abusive commentary of WW&C, Angela Skeete, Sunny Sunshine, etc and the disrespectful attacks of Caswell, who likes to refer to his betters as “idiots”. Obviously a case of what psychologists refer to as projection.

  16. Well Well & Consequences Observing Blogger. Avatar
    Well Well & Consequences Observing Blogger.

    http://www.nationnews.com/nationnews/news/100046/not-me

    This is why Dumbville Inniss cannot be trusted at anytime and for any reason, he would never protect the people on the island, his people, he would sell out each and every one of you to business people, no matter their crimes, make sure he never becomes prime minister or be a minister ever again….I remember him vividly joining with Fruendel to say clico policyholders deserved to be robbed by thiefing Leroy Parris because they were greedy.

    He can talk about listening to both sides first all he wants, he cannot stop union members or the public from boycotting cost u less..

    “MINISTER OF COMMERCE Donville Inniss will not be taking part in any boycott of Cost-U-Less.”

    The only one projecting idiocy on here is you Chadsterthetrumpimp, your comments are not meant to be critical but to demean, degrade and reduce black people to what you believe is something lower than yourself…which by the way is highly impossible.

    There is nothing lower than a planted trumptard, hence the reason white house workers and state department workers are resigning in droves, over 30 resigned recently, staying is bad for their resumes, no one will hire them after working for trump the skunk, so they all gotta leave now, before it’s too late and their resumes are rendered useless..

    …that is what being a trump idiot makes you…….a loser.

    You got exposed for being deceitful, destructive and useless, deal with it….am sure trump can find you a toilet to clean in the white house.

    All slithering things are being exposed.
    .


  17. Why is it that if our workers are so oppressed and deprived we figure in the 20 most obese countries in the world?

    http://www.telegraph.co.uk/travel/maps-and-graphics/the-most-obese-fattest-countries-in-the-world

    We are even more obese than the USA!!

  18. Well Well & Consequences Observing Blogger. Avatar
    Well Well & Consequences Observing Blogger.

    christ John…..obesity is an unhealthy and deadly disease…it is not a sign of wealth or the best salaries or the respected and best treated workers…., but definitely the definition of bad eating habit.

    I remember when fools used to buy Macdonald’s hamburgers for 99 cents and ate them like they were going out of style…many are dead or very, very ill….many sued the fast food dumps.

    Ya mean the couple low wage dollars most bajans get and waste it on nasty fast foods….ya jealous of and grudge them that too.

  19. NorthernObserver Avatar
    NorthernObserver

    When WW&C can put you away like that, you know that was an ignorant, misguided post.


  20. Barbados
    Belize
    Qatar
    Egypt
    United States
    Saudi Arabia
    Bahrain


  21. Obesity n.state of overeating after too frequent visits to chefette,kentucky,chicken barn,pizza house,de souse factory and grannies.Remedy….stop going to these places to eat.Eat local food crops made up of ground provisions with a dash of flying fish or cod fish at home.An occasional pig out with a pork chop should do no harm.All things in moderation.


  22. American Samoa has the distinction of having the most obese people on the planet.America and their fast food,spreading man made sickos wherever licorish people live and burdening the stupid governments with high health costs.Cheffete is the biggest target in Bdos.They should pay a special tax to the QEH but it’s a DLP thing so nothing will change.


  23. I think obesity and anorexia are both eating disorders and the root problem is unhappiness.

    Most people spend most of their waking time working for a living in a job.

    Few are happy.

    The list of obesity probably won’t match the list of the most unhappy countries so my theory will probably be proven wrong.


  24. @ John
    ‘wrong’ is not the word that Bushie would associate with your theories…

    But if Bushie used the word that comes to mind, Hal Austin would have a fit …and probably complain to WordPress that David is entertaining bullies…


  25. There is no amount of Union intervention that can help an unhappy employee … or employer!!

    Both are unhappy.


  26. @Chad99999 August 29, 2017 at 2:01 AM “Caswell, who likes to refer to his betters as “idiots””

    Believe me the people whom Caswell refers to as idiots are NOT his betters.

    You idiot (sorry David blogmaster)

    Lol


  27. Simpleton

    I don’t mind being called an idiot by certified morons.

  28. Well Well & Consequences Observing Blogger. Avatar
    Well Well & Consequences Observing Blogger.

    Lol…that is always Hal’s default complaint, a real tattle tale.

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