Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Malawi (Ratification: 1965)

Other comments on C098

Observation

Direct Request

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The Committee takes note of the observations made by the Teachers Union of Malawi (TUM) and the Private Schools Employees Union of Malawi (PSEUM), received on 3 September 2021, containing allegations of interference in trade union activities. The Committee requests the Government to provide its comments in this regard.

Article 4 of the Convention. Measures to encourage and promote collective bargaining. In its previous comments, the Committee had requested the Government to take the necessary measures to ensure that if there is no union representing the required percentage to be designated as the collective bargaining agent, collective bargaining rights are granted to the existing unions, jointly or separately, at least on behalf of their own members. The Committee notes that the Government reiterates that the social partners are yet to request for the review of the bargaining threshold of 20 per cent, established in law, and that if there are any changes in the threshold, the Committee will be communicated accordingly. The Committee had also requested the Government to provide information on the number of workers covered by the collective agreements in force in the country. The Committee notes the Government’s indication that currently there are 40 collective bargaining agreements in place covering the sectors of finance; retail; private schools; agriculture; manufacturing; printing; media; transport; statutory; security; hotels; and construction. Of these, only 14 have data on the number of workers covered, which corresponds to 2,922 (1,584 male and 1,261 female). The Committee notes the Government’s indication that it has put in place conducive legislation and environment for workers and employers’ organizations to have collective bargaining agreements, while it acknowledges that trade unionism coverage in the country is still low and that this affects the number of collective bargaining agreements in place as well as coverage. In this respect, the Committee emphasizes once again that the representativeness requirements set by legislation to be designated as a bargaining agent may bear a substantial influence on the number of collective agreements concluded and that such requirements should be designed in a manner that effectively promotes the development of free and voluntary collective bargaining. The Committee therefore requests once again the Government to take the necessary measures, in consultation with the most representative social partners, to ensure that the threshold established by legislation to become a bargaining agent effectively guarantees the promotion of collective bargaining within the meaning of the Convention, taking into consideration that, when the threshold is not reached, the existing unions should be given the possibility, jointly or separately, to bargain collectively, at least on behalf of their own members. The Committee also requests the Government to indicate the measures taken or envisaged to encourage and promote collective bargaining in all sectors covered by the Convention, and to continue providing information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.