Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Repetition

The Committee notes that, according to the comments submitted by the International Trade Union Confederation (ITUC), collective bargaining in the public service sector is not allowed by the legislation. The Committee requests the Government to take measures in order to recognize the right to collective bargaining to all public employees and public servants not engaged in the administration of the State, in accordance with Article 6 of the Convention.

Article 4 of the Convention. Promotion of collective bargaining. The Committee noted that section 7 of the Labour Unions Act (LUA) sets forth the lawful purposes for which trade union federations may be established. The said purposes include, inter alia: the formulation of policy relating to the proper management of labour unions and the general welfare of employees; the planning and administration of workers’ education programmes; and consulting on all matters relating to labour union affairs. Noting that the lawful purposes delineated under section 7 of the LUA does not include collective bargaining, the Committee recalls that the right to collective bargaining should also be granted to federations and confederations of trade unions (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 249). In this connection, the Committee requests the Government to confirm whether the right of trade union federations to engage in collective bargaining is assured, in the LUA or in other legislation.

Compulsory arbitration. The Committee noted that, under section 5(3) of the Labour Disputes (Arbitration and Settlement) Act of 2006, in cases where a labour dispute reported to a labour officer is not referred to the Industrial Court within eight weeks from the time the report is made, any of the parties or both the parties to the dispute may refer the dispute to the Industrial Court. Section 27 of the Act, the Committee further notes, empowers the minister to refer disputes to the Industrial Court where one or both parties to a dispute refuse to comply with the recommendations of the report issued by a board of inquiry. In this connection, the Committee recalls that recourse to compulsory arbitration is acceptable only for; (1) workers in essential services, in the strict sense of the term; and (2) public employees engaged in the administration of the State. Otherwise, provisions that permit the authorities to impose compulsory arbitration, or allow one party unilaterally to submit a dispute to the authorities for arbitration, run counter to the principle of the voluntary negotiation of collective agreements enshrined in Article 4 of the Convention. The Committee requests the Government to amend the above legislation so as to bring it into conformity with the Convention.