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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Suriname (Ratification: 1996)

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

Legislative developments. The Committee notes that the Government has submitted copies of the Collective Labour Agreements Act (WCAO) and the Freedom of Association Act (WVV), adopted on 27 December 2016. The Committee will examine their conformity with the Convention once translations are available.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee previously requested the Government to provide further details on the scope of the provisions of the WCAO and the WVV which prohibit acts of anti-union discrimination and interference, and to indicate the procedures available and the sanctions applicable in such cases. The Committee notes the Government’s indication that sections 4 to 8 of the WVV provide protection against discriminatory measures or discrimination by reason of union membership, as well as protection against interference in internal procedures. It further notes that the Government states that section 19 of the WVV provides for the penalties applicable, which include a fine and imprisonment for at least one month, in case of violation of the above-mentioned provisions. The Committee requests the Government to indicate whether the legislation provides for specific appeal procedures in case of acts of anti-union discrimination and interference, to indicate whether the legislation provides for reinstatement in case of anti-union dismissal and to specify the amount of the fine provided for in section 19 of the WVV.

Article 4. Representativeness for the purposes of collective bargaining. Promotion of collective bargaining. In its previous comments, the Committee noted that section 4(1) of the WCAO only allows trade unions representing the majority of employees in a company to conclude collective agreements and requested the Government to ensure that if there is no union representing the majority of employees, collective bargaining rights are granted to the existing unions, jointly or separately, at least on behalf of their own members. The Committee notes with regret that the Government states even though the WVV applies to minority unions, they are not allowed to conclude collective bargaining agreements, as these rights are granted to the majority union. The Committee recalls that under a system of the designation of an exclusive bargaining agent, if no union represents the required percentage of workers to be declared the exclusive bargaining agent, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their own members (2012 General Survey on the fundamental Conventions, paragraph 234). The Committee once again requests the Government to take the necessary measures to modify the legislation so as to ensure that if no union reaches the required threshold to be recognized as a bargaining agent, the existing unions are allowed to negotiate, jointly or separately, at least on behalf of their own members.

Collective bargaining in practice. The Committee notes the Government’s indication that: (i) collective bargaining is promoted and facilitated through the WCAO and the WVV; (ii) the Ministry of Labour, Employment Opportunity and Youth Affairs registers all collective agreements concluded and provides guidance to workers and employers regarding the legislation and international labour standards; and (iii) the WCAO allows the parties to request assistance from the Labour Mediation Board during the collective bargaining process. The Committee further notes that the Government reports that 70 collective agreements covering 6,662 workers have been concluded in the agricultural, mining, electricity, trade and industry, insurance and financial services, social services, construction and transport sectors, and are currently in force. The Committee requests the Government to continue providing information on the concrete measures taken to promote collective bargaining, as well as on the number of collective agreements concluded and in force in the country, the sectors concerned and the number of workers covered by these agreements.

Article 6. Public servants not engaged in the administration of the State. The Committee previously requested the Government to indicate whether the rights and guarantees of the Convention apply to public servants not engaged in the administration of the State, and to transmit the relevant legislative provisions. The Committee notes the Government’s indication that these rights and guarantees apply equally to all public servants, as the Personnel Act does not distinguish between servants engaged in the administration and servants not engaged in the administration of the State. Recalling that Suriname has also ratified the Labour Relations (Public Service) Convention, 1978 (No. 151) and the Collective Bargaining Convention, 1981 (No. 154), the Committee requests the Government to specify whether public servants are included in the scope of the WCAO and the WVV, and to indicate whether other laws or regulations refer to the issues covered by the Convention for this category of workers.

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

Legislative developments. In its previous comments the Committee had noted the Government’s indication that a new law on collective bargaining was being drafted with the aim of updating the existing Collective Bargaining Agreements Act, in order to further implement relevant ILO instruments and Recommendations, as well as the Caribbean Community Model Law on the Recognition, Status and Registration of Trade Unions. The Committee notes that the Government informs that the Collective Labour Agreements Act (WCAO) and the Freedom of Association Act (WVV) were approved by the National Assembly and entered into force on 27 December 2016. The text of the Acts have not been provided by the Government. The Committee requests the Government to provide a copy of the Acts.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee notes that in the publication prepared by the Government on the Labour Law Reform and transmitted to the Committee, the Government makes reference to various provisions of the WCAO and the WVV which prohibit acts of anti-union discrimination and interference and provide for adequate protection against such acts. The Committee requests the Government to provide further details on the scope of the referred provisions and to indicate the procedures that are available in the legislation for workers’ organizations against acts of anti-union discrimination and interference as well as information on the sanctions that can be applied in such cases.

Article 4. Representativeness for the purposes of collective bargaining. Promotion of collective bargaining. The Committee notes that in the abovementioned publication, the Government indicates that section 4(1) of the WCAO provides that only trade unions that represent the majority of employees in a company are entitled to conclude collective agreements. The Committee recalls that while it is acceptable that the union which represents the majority or a high percentage of workers in a bargaining unit should enjoy preferential or exclusive bargaining rights, the Committee considers that in cases where no union meets these conditions, or does not enjoy such exclusive rights, minority trade unions should at least be able to conclude a collective or direct agreement on behalf of their own members. The Committee requests the Government to take the necessary measures in order to ensure that if there is no union representing the majority of employees, collective bargaining rights are granted to the existing unions, jointly or separately, at least on behalf of their own members.

Collective bargaining in practice. The Committee requests the Government to provide information on the measures taken, in conformity with Article 4 of the Convention, to promote collective bargaining as well as to provide information on the number of collective agreements concluded and in force in the country, indicating the sectors concerned and the number of workers covered.

Article 6. Public servants not engaged in the administration of the State. The Committee requests the Government to indicate whether the rights and guarantees of the Convention apply to public servants who are not engaged in the administration of the State and requests the Government to transmit the relevant legislative provisions.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 4 of the Convention. Right to collective bargaining. The Committee had previously noted the Government’s indication that a new law on collective bargaining was being drafted with the aim of updating the existing Collective Bargaining Agreements Act, in order to further implement relevant ILO instruments, including the Convention, as well as the Caribbean Community Model Law on the Recognition, Status and Registration of Trade Unions. The Committee notes that the Government informs that the new law was submitted to the Council of Ministers in August 2013 and is awaiting its approval to be submitted to the National Assembly. The Committee hopes that the Government will soon be able to report progress on this legislative process and requests it to inform on any developments and to send a copy of the law once adopted.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
The Committee had previously noted the Government’s indication that a new law on collective bargaining was being drafted with the aim of updating the existing Collective Bargaining Agreements Act, in order to further implement relevant ILO instruments, including the Convention, as well as the Caribbean Community Model Law on the Recognition, Status and Registration of Trade Unions. The Committee notes that the Government states in its report that the Ministry of Labour, Technological Development and Environment is currently in the process of analysing and processing the comments made by the social partners and other relevant stakeholders, and that, as soon as these comments have been processed, the draft law will be sent to the Council of Ministers and ultimately to the National Assembly. The Committee requests the Government to provide, in its next report, information regarding developments in respect to this legislative process, and to send a copy of the legislation once adopted. The Committee invites the Government to consider availing itself of technical assistance from the ILO.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee had previously noted the Government’s indication that a new law on collective bargaining was being drafted with the aim of updating the existing Collective Bargaining Agreements Act, in order to further implement relevant ILO instruments, including the Convention, as well as the Caribbean Community Model Law on the Recognition, Status and Registration of Trade Unions. The Committee notes that the Government states in its report that the Ministry of Labour, Technological Development and Environment is currently in the process of analysing and processing the comments made by the social partners and other relevant stakeholders, and that, as soon as these comments have been processed, the draft law will be sent to the Council of Ministers and ultimately to the National Assembly. The Committee requests the Government to provide, in its next report, information regarding developments in respect to this legislative process, and to send a copy of the legislation once adopted. The Committee invites the Government to consider availing itself of technical assistance from the ILO.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government indicates in its report that a new law on collective bargaining is being drafted with the aim to update the existing Collective Bargaining Agreements Act, in order to further implement relevant ILO instruments, including the Convention, as well as the Caribbean Community Model Law on the Recognition, Status and Registration of Trade Unions. According to the Government’s report, an advanced draft of the legislation has already been reviewed by the Labour Advisory Board and the Ministry of Justice and Police. The Committee requests the Government to provide, with its next report, information regarding developments in respect to this legislative process, and to send a copy of the legislation once adopted. The Committee invites the Government to consider technical assistance from the ILO.

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

The Committee takes note of the Government's first report.

Articles 1 and 2 of the Convention. The Committee notes that the legislation submitted by the Government does not contain: (1) provisions prohibiting acts of anti-union discrimination for every worker (not restricted to the workers' representatives); and (2) provisions protecting workers' and employers' organizations against acts of interference not only during collective bargaining, but also in the establishment, functioning and administration of workers' or employers' organizations. The Committee requests the Government to take measures to ensure that the legislation provides sufficiently effective and dissuasive sanctions against those acts.

Article 6. The Committee asks the Government to indicate whether the rights and guarantees of the Convention apply to the public service and requests the Government to transmit the relevant legislative provisions.

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

The Committee notes the information supplied by the Government in its first report. It proposes to review the different laws applying the Convention once they have been translated.