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

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

Other comments on C098

Observation

Direct Request

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Article 4 of the Convention. Promotion of collective bargaining. The Committee takes due note of the Government’s response to the observations provided by the International Trade Union Confederation (ITUC) in 2014. Regarding the threshold of 20 per cent of employees’ membership in order to bargain collectively, the Government indicates that a consultative process has to be done in this regard but there has been no formal complaint from trade unions concerning this requirement and that the current threshold encourages growth in union membership. Recalling that if no union in a specific negotiating unit meets the required percentage for representativeness to be able to negotiate on behalf of all workers, minority unions should be able to negotiate, jointly, or separately, on behalf of their own members (see General Survey on the fundamental Conventions, 2012, paragraph 235), the Committee requests the Government to provide information on any measures taken or envisaged with a view to ensure that the current threshold allows the promotion and development of free and voluntary collective bargaining within the meaning of the Convention.

Right to collective bargaining in practice. The Committee requests the Government to inform on the measures taken to promote collective bargaining and to provide data on the number of collective agreements signed and in force, the sectors of activity concerned and the number of workers covered.