Employer of Record Guide in 

Trinidad and Tobago

Vacation Leave

Annual Leave Entitlement:

• Minimum: 14 working days per year after 12 months of continuous service
• Accrual: Typically earned monthly (1.17 days per month)
• Carry-over: Usually limited to a portion of unused leave
• Cash-out: Must be paid out upon termination

Sick Leave

Sick Leave Provisions:

• Entitlement: 14 days per year (may be cumulative up to 126 days)
• Medical certificate: Required for absences over 3 consecutive days
• Payment: Full pay for legitimate sick leave
• Chronic conditions: Extended sick leave may be available with medical documentation

Maternity Leave

Maternity Benefits:

• Duration: 14 weeks (98 days)
• Payment: 60% of average earnings, paid by National Insurance Scheme
• Job protection: Position must be held open during leave
• Medical benefits: Continued health coverage during leave

Paternity Leave

Paternal Leave Provisions:

• Duration: Limited paternity leave provisions (typically 3-5 days)
• Payment: Often unpaid unless provided by employer policy
• Adoption: Similar provisions may apply for adoptive fathers

Bereavement Leave

Compassionate Leave:

• Duration: Typically 3-5 days for immediate family members
• Payment: Usually paid leave
• Extended family: May be unpaid or at employer's discretion
• Documentation: Death certificate may be required

Personal & Family Leave

Other Leave Types:

• Study leave: For approved educational pursuits
• Jury duty: Paid leave for civic duties
• Emergency leave: Short-term leave for family emergencies
• Union activities: Time off for legitimate union business

Summary

Termination Types

Termination With Cause:

• Serious misconduct, theft, fraud, or gross negligence
• Repeated violations of company policy
• No notice or severance required
• Burden of proof lies with employer

Termination Without Cause:

• Redundancy, restructuring, or performance issues
• Requires proper notice or payment in lieu
• Must follow fair procedures

Notice Period Requirements

Notice periods vary based on length of service:

Payment in Lieu:

• Employers may pay salary instead of providing working notice
• Payment must include all benefits and allowances
• Calculation based on average earnings over previous 13 weeks

Severance Pay

Severance Entitlements:

• Eligibility: Employees with 2+ years of continuous service
• Rate: 2 weeks' pay per year of service
• Maximum: Typically capped at 24 weeks' pay
• Calculation: Based on average weekly earnings

Probationary Periods

Probation Rules:

• Duration: Typically 3-6 months for new employees
• Notice: Shorter notice periods during probation (usually 1 week)
• Extensions: Must be agreed upon in writing
• Rights: Basic employment rights still apply during probation

Final Pay Requirements

Final Payment Timeline:

• Notice period: All outstanding wages must be paid during notice
• Final day: All accrued benefits, vacation pay, and severance
• Timeline: Within 7 days of termination or next regular pay period
• Deductions: Only lawful deductions permitted

Anti-Discrimination & Retaliation Laws

Protected Grounds:

• Race, religion, sex, age, disability
• Pregnancy and maternity status
• Trade union membership or activities
• Filing complaints or grievances

Prohibited Actions:

• Dismissal based on discriminatory grounds
• Retaliation for exercising employment rights
• Constructive dismissal through hostile work environment

National Public Holidays

Trinidad and Tobago observes the following public holidays:

Holiday Pay Eligibility

Qualification Requirements:

• Must have worked for at least 3 months before the holiday
• Must work the scheduled day before and after the holiday (unless excused)
• Part-time employees qualify on a pro-rated basis

Payment Rates:

• Regular holiday pay: Full day's wages for eligible employees
• Working on holidays: Double time plus a substitute day off
• Substitute holidays: When holiday falls on weekend, Monday becomes the observed holiday

Religious Observances

Trinidad and Tobago's diverse population means multiple religious holidays are recognised:

• Christian holidays: Good Friday, Easter Monday, Christmas, Boxing Day
• Hindu holidays: Divali
• Muslim holidays: Eid-ul-Fitr
• Other observances: Spiritual Baptist Liberation Day reflects the country's cultural diversity

Required Documents for Employment

Essential Documentation:

• Employment contract: Detailed terms and conditions
• National identification: Valid ID card or passport
• Tax Registration Number (TRN): For income tax purposes
• National Insurance Number: For social security contributions
• Bank account details: For salary payments
• Educational certificates: Relevant qualifications
• Work permits: For non-nationals (if applicable)

Language Requirements

Official Language:

• English is the official language of business and government
• All employment contracts and official documents are in English
• No additional language requirements for most positions
• Spanish may be beneficial for certain roles due to regional proximity

Background Checks & References

Permissible Checks:

• Criminal background: Police certificate of character
• Employment verification: Previous employer references
• Educational verification: Degree and certificate authentication
• Professional licensing: For regulated professions
• Credit checks: Only for financial or fiduciary roles

Legal Requirements:

• Written consent required for all background checks
• Checks must be relevant to the position
• Results must be kept confidential

Data Protection & Privacy

Privacy Considerations:

• Data Protection Act: Governs collection and use of personal information
• Employee consent: Required for data collection and processing
• Retention limits: Personal data should not be kept longer than necessary
• Access rights: Employees can request access to their personal data
• Cross-border transfers: Special considerations for data sent overseas

IP Assignment & Confidentiality

Intellectual Property:

• Work-for-hire: Generally, work created during employment belongs to employer
• Inventions: May require specific assignment clauses
• Confidentiality agreements: Common for sensitive roles
• Non-compete clauses: Limited enforceability, must be reasonable in scope and duration

Probation Period Setup

Probationary Arrangements:

• Standard duration: 3-6 months for most positions
• Performance reviews: Regular assessments during probation
• Extension options: Must be mutually agreed and documented
• Termination rights: Shorter notice periods apply
• Benefits: Usually full benefits apply even during probation

Onboarding Timeline

What the EOR Handles

Borderless AI manages:

• Employment contract preparation and execution
• Tax registration and compliance
• National Insurance registration
• Payroll setup and processing
• Local regulatory compliance
• Document collection and verification
• Ongoing HR administration

Worker Classification: Employee vs. Contractor

Employee Classification:

• Works under direct supervision and control
• Uses employer's equipment and facilities
• Integrated into business operations
• Entitled to benefits, leave, and job security
• Subject to income tax withholding

Independent Contractor:

• Operates with autonomy and independence
• Uses own tools and equipment
• Provides services to multiple clients
• Responsible for own taxes and benefits
• Issues invoices for services rendered

Misclassification Risks:

• Back payment of benefits and contributions
• Penalties from tax and labour authorities
• Legal liability for employment rights violations

Unionisation & Collective Agreements

Trade Union Environment:

• Strong tradition of trade unionism in Trinidad and Tobago
• Major unions in oil, gas, manufacturing, and public sectors
• Recognition procedures: Unions must be certified to represent workers
• Collective bargaining: Wages and conditions negotiated industry-wide
• Industrial relations: Formal dispute resolution mechanisms exist

Key Considerations:

• Some industries have mandatory union membership
• Collective agreements may override individual employment terms
• Strike action is regulated but legally protected
• Employers must recognise certified unions

Cultural Norms & DEI Expectations

Workplace Culture:

• Diversity: Multi-ethnic, multi-religious society with strong diversity expectations
• Communication style: Generally friendly and relationship-focused
• Hierarchy: Moderate respect for authority, but open communication encouraged
• Work-life balance: Family and community commitments highly valued
• Carnival season: Expect reduced productivity during Carnival period

DEI Best Practices:

• Inclusive hiring practices across ethnic and religious lines
• Accommodation for religious observances
• Gender equality in pay and opportunities
• Disability accommodation as required by law

Remote Work Considerations

Legal Framework:

• No specific remote work legislation, but employment laws still apply
• Health and safety: Employer duty of care extends to home offices
• Equipment provision: Employer typically responsible for work tools
• Working time: Standard hour limits and overtime rules apply
• Data security: Enhanced importance for confidential information

Practical Considerations:

• Internet infrastructure generally good in urban areas
• Time zone alignment with North American markets
• Cultural adaptation to remote work accelerated post-COVID
• Tax implications for cross-border remote work arrangements

Cross-Border Remote Work:

• Tax residency implications for employees working from other countries
• Social security coordination agreements may apply
• Work permit requirements for non-nationals working remotely
• Currency and payment method considerations