Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

See under Convention No. 87, as follows:

The Government has communicated the following information:

As regards the Committee of Experts' comments concerning Convention No. 87, it should be mentioned that the Tripartite Committee to which this matter was referred has recommended that the list of essential services should be specifically included in the revised schedule. Subsequently, the Government decided that the list of essential services should not be reduced at this time, and that, in fact, the list should be extended to include "Overseas Telecommunications Services" and "Telephone Services".

Re section 11A of the Labour Relations and Industrial Disputes Act, the Government considers that this provision does not restrict the rights of workers, trade unions or employers in the process of collective bargaining since it is a provision to be used only at the discretion of the Minister where all attempts for settlement have failed.

With reference to the Committee of Experts' comments on Convention No. 98 and related to the powers conferred on the Minister under the Labour Relations and Industrial Disputes Act as amended in 1978 concerning the imposition of compulsory arbitration the Government considers that this provision does not restrict the rights of workers, trade unions or employers in the process of collective bargaining since it is a provision to be used only at the discretion of the Minister where all attempts for settlement have failed.

In addition, the Supreme Court has ruled, inter alia:

(i) that section 11A of the Act does not give the Minister an unlimited discretion of reference but flows from considerations of the national interest; and

(ii) it must be exercised to secure industrial peace in the undertaking and not merely to satisfy some narrow personal interest.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the comments of 29 August 2008 by the International Trade Union Confederation (ITUC) on the application of the Convention. The Committee notes the Government’s report does not contain observations in relation to the ITUC’s 2007 comments. The Committee therefore again requests the Government to send its observations in relation to the ITUC’s comments of 2008 on acts of anti-union discrimination and the refusal to recognize a trade union, and also on the fact that there are no trade unions in the export processing zones. It also requests the Government to investigate these allegations, to ensure in the export processing zones the trade union rights provided for in the Convention and to provide information on any measures taken in this regard.

Article 4 of the Convention. The Committee recalls that several of its previous comments referred to the following matters:

–           the denial of the right to negotiate collectively in the case of workers in a bargaining unit when these workers do not amount to more than 40 per cent of the workers in the unit or when, if the former condition is satisfied, 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 the Government indicates that the Ministry of Labour and Social Security indicates that notwithstanding these apparent stumbling blocks, the current provisions are necessary to maintain industrial harmony in the local context. The Committee, however, recalls once again that by ratifying the Convention, the State undertook to promote collective bargaining and that this implied granting collective bargaining rights to the most representative trade union or (jointly) trade unions. The Committee therefore hopes that the Government will take the necessary measures in the very near future to amend its legislation, lowering the percentage mentioned and allowing a ballot in cases of disputes concerning representativeness, so as to bring it into full conformity with the Convention as soon as possible. The Committee requests the Government to indicate in its next report any measures taken or contemplated in this regard.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that no report has been received from the Government. The Committee also notes the comments from the International Trade Union Confederation (ITUC) dated 29 August 2008, which are being translated and will be taken up by the Committee in its next examination of the application of the Convention by Jamaica. The Committee also requests the Government to send its observations in relation to the ITUC’s comments of 2007 on acts of anti-union discrimination and the refusal to recognize a trade union, and also on the fact that there are no trade unions in the export processing zones.

Article 4 of the Convention. The Committee recalls that its previous comments referred to the following matters:

–      the denial of the right to negotiate collectively in the case of workers in a bargaining unit when these workers do not amount to more than 40 per cent of the workers in the unit or when, if the former condition is satisfied, 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 recalls once again that, by ratifying the Convention, the State undertook to promote collective bargaining and that this implied granting collective bargaining rights to the most representative trade union or (jointly) trade unions. The Committee therefore hopes that the Government will take the necessary measures in the very near future to amend its legislation, lowering the percentage mentioned and allowing a ballot in cases of disputes concerning representativeness, so as to bring it into full conformity with the Convention as soon as possible. The Committee requests the Government to provide information in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It is bound to repeat its previous comments on the application of Article 4 of the Convention which concerned:

–      the denial of the right to negotiate collectively in the case of workers in a bargaining unit when these workers do not amount to more than 40 per cent of the workers in the unit or when, if the former condition is satisfied, 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);

–      the need to take measures to amend the legislation so that a ballot is made possible where 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.

Recalling once again that, by ratifying the Convention, the State undertook to promote collective bargaining and that this implied granting of collective bargaining rights to the most representative trade union or (jointly) trade unions, the Committee hopes that the Government will take the necessary measures in order to amend its legislation, lowering the percentage mentioned and allowing a ballot in cases of conflicts of representativeness, so as to bring it into full conformity with the Convention in the very near future. The Committee requests the Government to keep it informed in this regard.

The Committee also notes the comments on the application of the Convention submitted by the International Trade Union Confederation (ITUC) which refer in part to issues already raised. The ITUC refers also to some comments concerning anti-union discrimination and refusal to recognize a union and states that no union exists in the export processing zones.

The Committee requests the Government to send its observations on the ITUC’s comments.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006, which refer in part to pending issues of a legislative nature that are already under examination. The ICFTU also reports obstacles to trade union rights in export processing zones, where trade unions do not exist. In this respect, the Committee requests the Government to provide its observations on the comments made by the ICFTU.

The Committee also requests the Government, in the context of the regular reporting cycle, to provide its observations for the Committee’s next session in November-December 2007 on all the issues relating to legislation and the application of the Convention in practice referred to in its previous observation in 2005 (see the 2005 observation, 76th Session).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information contained in the Government’s report and recalls that its previous comments on the application of Article 4 of the Convention concerned the following points:

–      the denial of the right to negotiate collectively in the case of workers in a bargaining unit when these workers do not amount to more than 40 per cent of the workers in the unit or when, if the former condition is satisfied, 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);

–      the need to take measures to amend the legislation so that a ballot is made possible where 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.

In its report, the Government indicated that, while noting the comments made by the Committee, it could not report on any measures taken to amend its legislation. It further stated that the Committee would be informed as soon as a decision is taken to effect the necessary amendments to the legislation.

Recalling once again that, by ratifying the Convention, the State undertook to promote collective bargaining and that this implied granting of collective bargaining rights to the most representative trade union or (jointly) trade unions, the Committee hopes that the Government will take the necessary measures in order to amend its legislation so as to bring it into full conformity with the Convention in the very near future. The Committee requests the Government to keep it informed in this regard.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report and recalls that its previous comments concerned the following points:

-  the denial of the right to negotiate collectively in the case of workers in a bargaining unit when these workers do not amount to more than 40 per cent of the workers in the unit or when, if the former condition is satisfied, 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);

-  the need to take measures to amend the legislation so that a ballot is made possible where 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.

In its report, the Government indicates that the current system of the designation of the bargaining agent and of collective bargaining benefits from the full support of the social partners and that there is no reason to justify the modification of the legislation in this regard. The Government explains that the existence of several bargaining agents for the same unit can result in different working conditions for the same category of workers if they are not members of the same union. Moreover, the withdrawal of this requirement could, according to the Government, lead to sweetheart agreements being concluded.

While noting the Government’s comments, the Committee wishes to point out that, by ratifying the Convention, the State undertook to promote collective bargaining and that this is compatible with the granting of exclusive collective bargaining rights to the most representative trade union or (jointly) trade unions. The Committee is therefore bound to reiterate its position that if under a system of an exclusive bargaining agent, no union can be designated as representing the required percentage, collective bargaining rights should be granted to the most representative trade unions or unions in the unit, at least in respect of their members. Moreover, where one or more trade unions are established as bargaining agents, a ballot should be made possible when another trade union invokes its most representative status in the unit in order to be considered as a bargaining agent.

The Committee once again requests the Government to take the necessary measures to amend its legislation accordingly in the very near future and to keep it informed in this regard.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the information contained in the Government’s report and recalls that its previous comments concerned the following points:

-      the denial of the right to negotiate collectively in the case of the workers in a bargaining unit when these workers do not amount to more than 40 per cent of the unit or when, if the former condition is satisfied, 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 Regulation);

-      the Government should take the necessary measures to amend its legislation so that a ballot is made possible where 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 thereby invokes its most representative status in the unit in order to be considered as a bargaining agent.

In its report, the Government indicates that the actual system of designation of bargaining agent and of collective bargaining receives the full support of the social partners and that no reason would justify the modification of the legislation in this regard. The Government explains that several bargaining agents for the same unit can result in different working conditions for the same category of workers if they are not members of the same union. Moreover, the withdrawal of this requirement could lead to sweetheart agreements being concluded.

While noting the Government’s concern, the Committee would reiterate that where there is no collective agreement and where a trade union does not obtain 50 per cent of the votes of the total number of workers required by law, this trade union should be able to negotiate at least on behalf of its own members. Where one or more trade unions are already established as bargaining agents, a ballot should be made possible when another trade union invokes its most representative status in the unit in order to be considered as a bargaining agent. Moreover, the Committee recalls that, if under a system of an exclusive bargaining agent, no union can be designated as representing the required percentage, collective bargaining rights should be granted to the most representative union in the unit.

The Committee once again requests the Government to take the necessary measures to amend its legislation accordingly and to keep it informed in this regard.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee had referred to the denial of the right to collective bargaining in a bargaining unit when no single union represents at least 40 per cent of the workers in the unit in question or when, if the former condition is satisfied, the union engaged in the procedure of obtaining recognition for collective bargaining purposes does not obtain 50 per cent of the votes of the total number of workers (whether they are affiliated or not to this union), where a ballot is requested by the trade union (section 5(5) of Act No. 14 of 1975 and section 3(1)(d) of its Regulation). The Committee considers that where there is no collective agreement and where a trade union does not obtain 50 per cent of the votes of the total number of workers required by law, this trade union should be able to negotiate at least on behalf of its own members.

The Committee also considers that where one or more trade unions are already established as bargaining agents, a ballot should be made possible when another trade union claims that it has more affiliated members in this bargaining unit than those trade unions, and thereby invokes its most representative status in the unit in order to be considered as a bargaining agent. The Committee, therefore, requests the Government to take the necessary measures to amend its legislation to this effect and to keep it informed in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

The Committee had referred to the denial of the right to collective bargaining in a bargaining unit when no single union represents at least 40 per cent of the workers in the unit in question or when, if the former condition is satisfied, the union engaged in the procedure of obtaining recognition for collective bargaining purposes does not obtain 50 per cent of the votes of the total number of workers (whether they are affiliated or not to this union), where a ballot is requested by the trade union (section 5(5) of Act No. 14 of 1975 and section 3(1)(d) of its Regulation). The Committee considers that where there is no collective agreement and where a trade union does not obtain 50 per cent of the votes of the total number of workers required by law, this trade union should be able to negotiate at least on behalf of its own members. The Committee also considers that where one or more trade unions are already established as bargaining agents, a ballot should be made possible when another trade union claims that it has more affiliated members in this bargaining unit than those trade unions, and thereby invokes its most representative status in the unit in order to be considered as a bargaining agent. The Committee, therefore, requests the Government to take the necessary measures to amend its legislation to this effect and to keep it informed in this respect.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its last report and recalls its previous comments in respect of the denial of the right to collective bargaining in a bargaining unit when no single union represents at least 40 per cent of the workers in the unit in question or when, if the former condition is satisfied, the union engaged in the procedure of obtaining recognition for collective bargaining purposes does not obtain 50 per cent of the votes of the total number of workers (whether they are affiliated or not to this union), where a ballot is requested by the trade union (section 5(5) of Act No. 14 of 1975 and section 3(1)(d) of its Regulation).

The Government indicates in its report that it endorses the requirement of 40 per cent since several bargaining agents for the same unit can result in different working conditions for the same category of workers if they are not members of the same union. Moreover, the withdrawal of this requirement could lead to sweetheart agreements being concluded.

The Committee notes the Government's concerns and considers that where there is no collective agreement and where a trade union does not obtain 50 per cent of the votes of the total number of workers required by law, this trade union should be able to negotiate at least on behalf of its own members. Where one or more trade unions are already established as bargaining agents, a ballot should be made possible when another trade union claims that it has more affiliated members in this bargaining unit than those trade unions, and thereby invokes its most representative status in the unit in order to be considered as a bargaining agent. The Committee, therefore, requests the Government to take the necessary measures to amend its legislation to this effect and to keep it informed in this respect.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that its previous comments concerned the following points: -- the broad powers of the Minister to cause a ballot to be taken to choose the bargaining agent (section 5(1) of the Labour Relations and Industrial Disputes Act, 1975 (No. 14) and sections 3(1) and 3(2) of the regulations issued thereunder), without the right of appeal; -- the denial of the right to negotiate collectively in the case of the workers in a bargaining unit when these workers do not amount to more than 40 per cent of the unit or when, if the former condition is satisfied, 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 the regulations issued thereunder). For several years, the Committee has been requesting the Government to take measures to amend the provisions concerning the procedure for designating a union as bargaining agent so as to eliminate the discretionary powers of the Minister and to enable the workers of a bargaining unit to bargain collectively, even when the conditions relating to the numbers in a trade union and the votes cast in a ballot are not satisfied. In line with its previous reports, the Government indicates that the actual system of designation of bargaining agent and of collective bargaining receive the full support of the social partners and that no reason would justify the modification of the legislation in this regard. While noting these statements, the Committee recalls that the Committee on Freedom of Association has examined a complaint from the workers' organizations, to which the right to organize a ballot to show that their union was qualified to bargain with their employer had been refused by the Minister, leaving the workers concerned without any right of appeal to renew their application for the organization of a ballot. The grounds then invoked by the Government were that they represented fewer than 40 per cent of the workers in the undertaking (see Case No. 1158 examined by the Committee on Freedom of Association in its 226th Report, paras. 303 to 323, and its 230th Report, paras. 85 to 102). Under these circumstances, the Committee reiterates that where conditions concerning the number of members of a trade union or the balloting of workers in a bargaining unit, in the event of a vote, are such that the workers of the unit concerned may be deprived of the right to collective bargaining, when there exists one or more legally constituted unions, the legislation should recognize the right of this or these unions to bargain at least on behalf of their own members. Moreover, the Committee recalls that, if under a system of nominating an exclusive bargaining agent, no union can be designated as representing the required percentage, collective bargaining rights should be granted to the most representative union in the unit. The Committee urges the Government to indicate the measures that have been taken or are envisaged to bring its legislation into conformity with the Convention (i) to eliminate the discretionary power of the Minister and to guarantee the objectivity of the recognition procedure, and (2) to ensure that the union representing the largest number of workers, even if these do not amount to 40 per cent of the workers in the bargaining unit or the majority of votes in a ballot, is granted collective bargaining rights, concerning terms and conditions of employment, at least on behalf of its own members.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee takes notes of the information contained in the Government's report and recalls that its previous comments concerned the following points:

- the broad powers of the Minister to cause a ballot to be taken to choose the bargaining agent (section 5(1) of the Labour Relations and Industrial Disputes Act, 1975 (No. 14) and sections 3(1) and 3(2) of the regulations issued thereunder), without the right of appeal;

- the denial of the right to negotiate collectively in the case of the workers in a bargaining unit when these workers do not amount to more than 40 per cent of the unit or when, if the former condition is satisfied, 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 the regulations issued thereunder).

For several years, the Committee has been requesting the Government to take measures to amend the provisions concerning the procedure for designating a union as bargaining agent so as to eliminate the discretionary powers of the Minister and to enable the workers of a bargaining unit to bargain collectively, even when the conditions relating to the numbers in a trade union and the votes cast in a ballot are not satisfied.

In line with its previous reports, the Government indicates that the actual system of designation of bargaining agent and of collective bargaining receive the full support of the social partners and that no reason would justify the modification of the legislation in this regard.

While noting these statements, the Committee recalls that the Committee on Freedom of Association has examined a complaint from the workers' organizations, to which the right to organize a ballot to show that their union was qualified to bargain with their employer had been refused by the Minister, leaving the workers concerned without any right of appeal to renew their application for the organization of a ballot. The grounds then invoked by the Government were that they represented fewer than 40 per cent of the workers in the undertaking (see Case No. 1158 examined by the Committee on Freedom of Association in its 226th Report, paras. 303 to 323, and its 230th Report, paras. 85 to 102).

Under these circumstances, the Committee reiterates that where conditions concerning the number of members of a trade union or the balloting of workers in a bargaining unit, in the event of a vote, are such that the workers of the unit concerned may be deprived of the right to collective bargaining, when there exists one or more legally constituted unions, the legislation should recognize the right of this or these unions to bargain at least on behalf of their own members. Moreover, the Committee recalls that, if under a system of nominating an exclusive bargaining agent, no union can be designated as representing the required percentage, collective bargaining rights should be granted to the most representative union in the unit.

The Committee urges the Government to indicate the measures that have been taken or are envisaged to bring its legislation into conformity with the Convention (i) to eliminate the discretionary power of the Minister and to guarantee the objectivity of the recognition procedure, and (2) to ensure that the union representing the largest number of workers, even if these do not amount to 40 per cent of the workers in the bargaining unit or the majority of votes in a ballot, is granted collective bargaining rights, concerning terms and conditions of employment, at least on behalf of its own members.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that for the second consecutive year the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

-- the broad powers of the Minister to cause a ballot to be taken to choose the bargaining agent (section 5(1) of the Labour Relations and Industrial Disputes Act, 1975 (No. 14) and sections 3(1) and 3(2) of the regulations issued thereunder), without the right of appeal; -- the denial of the right to negotiate collectively in the case of the workers in a bargaining unit when these workers do not amount to more than 40 per cent of the unit or when, if the former condition is satisfied, 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 the regulations issued thereunder). For several years, the Committee has been requesting the Government to take measures to amend the provisions concerning the procedure for designating a union as bargaining agent so as to eliminate the discretionary powers of the Minister and to enable the workers of a bargaining unit to bargain collectively, even where the conditions relating to the numbers in a trade union and the votes cast in a ballot are not satisfied. The Committee urges the Government to keep it informed in its next report of the measures that have been taken or envisaged to guarantee objectivity of the recognition procedure and to ensure that the union representing the largest number of workers is granted collective bargaining rights concerning terms and conditions of employment, at least on behalf of its own members.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which dealt with the following points:

- the broad powers of the Minister to cause a ballot to be taken to choose the bargaining agent (section 5 (1) of the Labour Relations and Industrial Disputes Act, 1975 (No. 14) and sections 3 (1) and 3 (2) of the regulations issued thereunder), without the right of appeal; - the denial of the right to negotiate collectively in the case of the workers in a bargaining unit when these workers do not amount to more than 40 per cent of the unit or when, if the former condition is satisfied, 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 the regulations issued thereunder). For several years, the Committee has been requesting the Government to take measures to amend the provisions concerning the procedure for designating a union as bargaining agent so as to eliminate the discretionary powers of the Minister and to enable the workers of a bargaining unit to bargain collectively, even where the conditions relating to the numbers in a trade union and the votes cast in a ballot are not satisfied. In its previous report, the Government indicated that in its view the criteria for determining bargaining rights were objective since the Regulations of the Labour Relations and Industrial Disputes Act were fairly rigid and explicit. The Government added that if minority representation were allowed to occur, it was very likely that chaos would result given the multiplicity of trade unions that now existed in the country. It asked moreover what would be the minimum percentage of membership required for a trade union to have bargaining rights. The Government stated that in any event, the system of recognition had worked reasonably well since its inception. While noting these statements, the Committee is bound to point out that where conditions concerning the number of members of a trade union or the balloting of workers in a bargaining unit, in the event of a vote, are such that the workers of the unit concerned may be deprived of the right to collective bargaining, when there exist one or more legally constituted unions, the legislation should recognize the right of this or these unions to bargain at least on behalf of their own members. Moreover, the Committee recalls that, if under a system of nominating an exclusive bargaining agent, no union can be designated as representing the required percentage, collective bargaining rights should be granted to the most representative union in the unit. The Committee hopes that the amendment to the labour legislation will be along the lines of its comments and, once again, urges the Government to indicate the measures that have been taken or are envisaged to guarantee the objectivity of the recognition procedure and to ensure that the union representing the largest number of workers, even if these do not amount to 40 per cent of the workers in the bargaining unit or the majority of votes in a ballot, is granted collective bargaining rights concerning terms and conditions of employment, at least on behalf of its own members.

The Committee hopes that the Government will take the necessary measures in the very near future.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the information contained in the Government's report and recalls that its previous comments dealt with the following points:

- the broad powers of the Minister to cause a ballot to be taken to choose the bargaining agent (section 5 (1) of the Labour Relations and Industrial Disputes Act, 1975 (No. 14) and sections 3 (1) and 3 (2) of the regulations issued thereunder), without the right of appeal;

- the denial of the right to negotiate collectively in the case of the workers in a bargaining unit when these workers do not amount to more than 40 per cent of the unit or when, if the former condition is satisfied, 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 the regulations issued thereunder).

For several years, the Committee has been requesting the Government to take measures to amend the provisions concerning the procedure for designating a union as bargaining agent so as to eliminate the discretionary powers of the Minister and to enable the workers of a bargaining unit to bargain collectively, even where the conditions relating to the numbers in a trade union and the votes cast in a ballot are not satisfied.

In its report, the Government indicates that in its view the criteria for determining bargaining rights are objective since the Regulations of the Labour Relations and Industrial Disputes Act are fairly rigid and explicit.

The Government adds that if minority representation were allowed to occur, it is very likely that chaos would result given the multiplicity of trade unions that now exist in its country. It asks moreover what would be the minimum percentage of membership required for a trade union to have bargaining rights. The Government states that in any event, the system of recognition has worked reasonably well since its inception.

While noting these statements, the Committee is bound to point out that where conditions concerning the number of members of a trade union or the balloting of workers in a bargaining unit, in the event of a vote, are such that the workers of the unit concerned may be deprived of the right to collective bargaining, when there exist one or more legally constituted unions, the legislation should recognise the right of this or these unions to bargain at least on behalf of their own members. Moreover, the Committee recalls that, if under a system of nominating an exclusive bargaining agent, no union can be designated as representing the required percentage, collective bargaining rights should be granted to the most representative union in the unit.

The Committee hopes that the amendment to the labour legislation will be along the lines of its comments and, once again, urges the Government to indicate the measures that have been taken or are envisaged to guarantee the objectivity of the recognition procedure and to ensure that the union representing the largest number of workers, even if these do not amount to 40 per cent of the workers in the bargaining unit or the majority of votes in a ballot, is granted collective bargaining rights concerning terms and conditions of employment, at least on behalf of its own members.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which related to the following points:

- the broad powers of the Minister to cause a ballot to be taken to choose the bargaining agent (section 5 (1) of the Labour Relations and Industrial Disputes Act, 1975 (No. 14) and sections 3 (1) and 3 (2) of the regulations issued thereunder), without the right of appeal; - the denial of the right to negotiate collectively in the case of the workers in a bargaining unit when these workers do not amount to more than 40 per cent of the unit or when, if the former condition is satisfied, 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 the regulations issued thereunder).

TEXT

For several years, the Committee has been requesting the Government to take measures to amend the provisions concerning the procedure for designating a union as bargaining agent so as to eliminate the discretionary powers of the Minister and to enable the workers of a bargaining unit to bargain collectively, even where the conditions relating to the numbers in a trade union and the votes cast in a ballot are not satisfied.

In its previous observations, the Committee noted no change in the situation. In its last report, the Government indicates that an advisory tripartite committee is currently examining labour legislation and that the Government representative to the Conference Committee will be in a position to provide information at the 1990 Conference on the progress achieved in the context of the envisaged reforms.

While noting this statement, the Committee recalls that, where the legislation provides for the most representative trade union to have preferential rights, it is important that the determination of the trade union in question should be based on objective and pre-established criteria, so as to avoid any opportunity for partiality or abuse. Furthermore, where conditions concerning the number of members of a trade union or the balloting of workers in a bargaining unit, in the event of a vote, are such that the workers of the unit concerned may be deprived of the right to collective bargaining, when there exist one or more legally constituted unions, the legislation should recognise the right of this or these unions to bargain at least on behalf of their own members.

The Committee hopes that the amendment to the labour legislation will be along the lines of its comments and once again, like the Committee on Freedom of Association, which examined the matter in Case No. 1158, approved by the Governing Body in May, June and November 1983, urges the Government to indicate the measures that have been taken or are envisaged to guarantee the objectivity of the recognition procedure and to ensure that the union representing the largest number of workers, even if these do not amount to 40 per cent of the workers in the bargaining unit or the majority of votes in a ballot, is granted collective bargaining rights concerning terms and conditions of employment, at least on behalf of its own members.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's report. It recalls that previous comments dealt with the following points:

- the broad powers of the Minister to cause a ballot to be taken to choose the bargaining agent (section 5 (1) of the Labour Relations and Industrial Disputes Act, 1975 (No. 14) and sections 3 (1) and 3 (2) of the regulations issued thereunder), without the right of appeal;

- the denial of the right to negotiate collectively in the case of the workers in a bargaining unit when these workers do not amount to more than 40 per cent of the unit or when, if the former condition is satisfied, 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 the regulations issued thereunder).

For several years, the Committee has been requesting the Government to take measures to amend the provisions concerning the procedure for designating a union as bargaining agent so as to eliminate the discretionary powers of the Minister and to enable the workers of a bargaining unit to bargain collectively, even where the conditions relating to the numbers in a trade union and the votes cast in a ballot are not satisfied.

In its previous observations, the Committee noted no change in the situation. In its last report, the Government indicates that an advisory tripartite committee is currently examining labour legislation and that the Government representative to the Conference Committee will be in a position to provide information at the 1990 Conference on the progress achieved in the context of the envisaged reforms.

While noting this statement, the Committee recalls that, where the legislation provides for the most representative trade union to have preferential rights, it is important that the determination of the trade union in question should be based on objective and pre-established criteria, so as to avoid any opportunity for partiality or abuse. Furthermore, where conditions concerning the number of members of a trade union or the balloting of workers in a bargaining unit, in the event of a vote, are such that the workers of the unit concerned may be deprived of the right to collective bargaining, when there exist one or more legally constituted unions, the legislation should recognise the right of this or these unions to bargain at least on behalf of their own members.

The Committee hopes that the amendment to the labour legislation will be along the lines of its comments and once again, like the Committee on Freedom of Association, which examined the matter in Case No. 1158, approved by the Governing Body in May, June and November 1983, urges the Government to indicate the measures that have been taken or are envisaged to guarantee the objectivity of the recognition procedure and to ensure that the union representing the largest number of workers, even if these do not amount to 40 per cent of the workers in the bargaining unit or the majority of votes in a ballot, is granted collective bargaining rights concerning terms and conditions of employment, at least on behalf of its own members.