12 May

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WORK PERMITS

Under the Immigration Act Chapter 18:01 of Trinidad and Tobago, no person other than a citizen or resident is allowed to engage in any profession, trade or occupation whether for gain or not, or be employed, unless a valid work permit is in force in relation to that person. Immigration Act, however, makes allowance for a person other than a citizen or resident to be employed in Trinidad and Tobago for a maximum of 30 days at any one time in a 12-month period. This means that this person will be allowed to enter the country to work without a...

12 May

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DATA PROTECTION LAW

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in Laws of Trinidad and Tobago

Data Protection Law In Trinidad and Tobago The Data Protection Act, 2011 provides for the protection of personalprivacy and information (“DPA”) processed and collected by public bodies and private organisations. The DPA was partially proclaimed on the 6th January 2012 by Legal Notice 2 of 2012 and only Part I and sections 7 to 18, 22, 23, 25(1), 26 and 28 of Part II have come into operation. No timetable has been set for the proclamation of the remainder of the DPA and it is possible that there may be changes to the remainder of the legislation before it is proclaimed. Definition of Personal...

08 May

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LABOUR REGULATION

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in Laws of Trinidad and Tobago

The general industrial relations policy in Trinidad and Tobago is based on voluntary collective bargaining between employers and workers, via their representative associations, for the settlement of terms and conditions of employment. The employment relationship in Trinidad and Tobago may be governed by either or a combination of both industrial relations principles and practices, and legislation. While the Government has ratified several ILO Conventions, including the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), these Conventions only become effective when they are legislatively implemented. A 144 Tripartite Committee, comprising all of the social partners, trade unions, employers, and Government,...

08 May

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SEVERANCE PAY ENTITLEMENT

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in Laws of Trinidad and Tobago

Severance pay is usually only paid to workers who have been made redundant or retirees, and in very rare cases, people who resign can also qualify. An employer is not required to pay severance to workers if everyone is being severed, owing to the fact that the business is being closed down; however, the employer must pay severance if only a portion of the workforce is being made redundant. Firstly, according to Section 6 of the Retrenchment and Severance Benefits Act 1985, as amended, the employer is required to give the employees 45 days notice in writing. Secondly, your rights (if you...

08 May

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BREACH OF CONTRACTS

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in Laws of Trinidad and Tobago

https://youtu.be/p7nH3k-Yxoo...

01 May

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A NOBEL PRIZE, INDEED

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in Laws of Trinidad and Tobago

The brouhaha surrounding the award of the Nobel Peace Prize to President Barrack Obama has been most unseemly and inappropriate. The Nobel Committee had the wisdom, foresight and intelligence to give this award to Mr Obama because it recognised just how significant an impact he has already had and can still have on world affairs and how much he can be an instrument to bring about peace, harmony and hope to a fractured and tortured world. The reactions and behaviour post-announcement of many Americans, ranged from being quite amazing, to just downright disgusting in some cases. Americans should hang their collective...

28 April

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TRINIDAD AND TOBAGO DEATH PENALTY LAWS

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in Laws of Trinidad and Tobago

Chronology of Death Penalty laws in Trinidad and Tobago 1. The Bill of Rights 1688 expressly prohibits any “cruel and unusual punishment”. 2. According to Section 4 of the Offences Against the Person Act (Chapter 11:08) “Every person convicted of murder shall suffer death” and the Criminal Procedure Act (Chapter 12:02) in section 57 provides: “(1) Every warrant for the execution of any prisoner under sentence of death shall be under the hand and Seal of the President, and shall be directed to the Marshal, and shall be carried into execution by such Marshal or his assistant at such time and place as...

28 April

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MEMORANDUM ON THE REGISTRATION OF LOCAL AGENTS OF FOREIGN GOVERNEMENTS OR FOREIGN ENTERPRISES ACT 1980

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in Laws of Trinidad and Tobago

1. By this Act:- (a) Everybody who is an “Agent” of a “Foreign Government” or “Foreign Enterprise” must ensure that his Agreement in respect of his Agency is in writing and subject to the laws of Trinidad and Tobago and he must not enter into a contract providing for such an Agency otherwise than in accordance with this provision on penalty or a fine on summary conviction of $20,000.00 or five years imprisonment. (b) In respect of a Contract of Agency established after the commencement of the Act (namely the 8th December 1980) the Agent must within sixty (60) days of execution...

28 April

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A Modern Public Procurement Law For Trinidad And Tobago A Necessity For Good Governance

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in Laws of Trinidad and Tobago

This article highlights features of the submission of the Private Sector/Civil Society Group to Government for a modern procurement law as specified in the Draft Public Procurement and Disposal of Public Property Bill available at www.jcc.org.tt/procurement. The impact of the proposed law will – systemically bring all agencies spending public money under a single, overarching legal and regulatory framework that effectively covers all stages of the procurement process; provide effective mechanisms for oversight and control; require appropriate transparency of the value and impact of transactions involving public money; ensure, as far as possible, integrity in the public procurement system; meet international anti-corruption standards consistent with our...

27 April

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COMMERCIAL LAW MEMORANDUM ON EXCHANGE CONTROL

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in Laws of Trinidad and Tobago

1. The Exchange Control Act Chap. 79:50 regulates all foreign currency transactions in Trinidad and Tobago and is designed to prevent the escape of currency and preserve the Country’s foreign exchange reserve. Prior to April 12, 1993 there existed under the Exchange Control Act and Regulations made thereunder a range of controls and restrictions in respect of dealings in gold, local and foreign currencies, securities and payments to non-residents designed strictly to control any leakage of foreign exchange. To be lawful any such dealings required the prior approval of the Central Bank of Trinidad and Tobago. 2. With the passage of...