Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2015, which refer to matters already examined by the Committee and also denounce fixed and unreasonable procedural requirements for, and limitations on, collective bargaining. The Committee requests the Government to provide its comments in this regard.

Article 4 of the Convention. Right to collective bargaining. The Committee had previously referred to the following matters:

• – the denial of the right to negotiate collectively in cases where a trade union fails to prove that at least 40 per cent of the workers in the unit are its members or, when having met the former condition, a single union that is engaged in the procedure of obtaining recognition does not obtain 50 per cent of the votes of the workers in a ballot that the Minister has caused to be taken (section 5(5) of Act No. 14 of 1975 and section 3(1)(d) of its regulations); and
• – the need to take measures to amend the legislation so that a ballot is made possible when one or more trade unions are already established as bargaining agents and another trade union claims that it has more affiliated members in the bargaining unit than the other trade unions, and therefore invokes its most representative status in the unit in order to be considered as a bargaining agent.

The Committee notes that in its report the Government indicates that there is no new development in relation to lowering the mentioned percentage of workers. The Committee further notes that the Government does not provide any new information on legislative amendments allowing a ballot in cases of disputes concerning representativeness. Regretting the lack of progress, the Committee firmly hopes that the Government will take the necessary measures in the very near future to amend its legislation in order to: (i) lower the percentage mentioned or, if no union obtains the required 50 per cent of the votes of the total number of workers to be declared the exclusive bargaining agent, to grant collective bargaining rights to all the unions, at least on behalf of their own members; and (ii) allow a ballot in cases of disputes concerning representativeness, so as to bring it into full conformity with the Convention. The Committee requests the Government to provide information on any developments in this regard.