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Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comments, the Committee had requested the Government to take measures to include in the legislation provisions which provide protection against acts of anti-union discrimination and interference by the employer or employers’ organizations in workers’ organizations (and vice versa) and which encourage collective bargaining in the private and public sectors (with the sole possible exception of public servants engaged in the administration of the State). The Committee had noted that a new Labour Relations Bill was awaiting Cabinet’s approval. The Committee notes from the Government’s report that: (i) due to an absence of a functioning tripartite committee for the past two years and the request made by the St-Vincent Employer’s Federation for further consultation on the draft Labour Relations Bill, the Government deferred taking any action until these matters have been appropriately addressed; (ii) the tripartite committee has now been reactivated and a series of consultations will be held during the remainder of this year; and (iii) the draft Labour Relations Bill does in fact include provisions against trade union discrimination and interference by respective employers’ and workers’ organizations. In this regard, the Committee recalls that the provisions should not only include protection against trade union discrimination and interference by respective employers’ and workers’ organizations, but also by the employer or any person acting on behalf of that employer.
The Committee notes that the ILO’s memorandum of technical comments on the new Bill amending the Labour Relations Act, 2001, was transmitted to the Government in March 2010.
The Committee hopes that the new Labour Relations Bill will address the abovementioned issues and ensure the full conformity with the Convention and once again requests the Government to indicate the progress made in this regard.
Articles 1 and 2 of the Convention. In its previous direct request, the Committee had requested the Government to take measures to include in the legislation provisions which provide protection against acts of anti-union discrimination and interference by the employer or employers’ organizations in workers’ organizations (and vice versa) and which encourage collective bargaining in the private and public sectors (with the sole possible exception of public servants engaged in the administration of the State).
The Committee had noted that, according to the previous report of the Government: (i) the Committee’s concerns about the shortcomings of the legislation have been drawn to the attention of the competent authority; and (ii) concerning collective bargaining, it is the practice of most of the trade unions.
The Committee notes the Government’s latest report reiterating that a new Labour Relations Bill is presently awaiting Cabinet’s approval. The Committee hopes that the said Bill will address the abovementioned issues, and requests the Government to indicate the progress made in this regard.
The Committee notes the Government’s report.
In its previous direct request, the Committee had requested the Government to take measures to include in the legislation provisions which provide protection against acts of anti-union discrimination and interference by the employer or employers’ organizations in workers’ organizations (and vice versa) and which encourage collective bargaining in the private and public sectors (with the sole possible exception of public servants engaged in the administration of the State).
The Committee notes that, according to the report of the Government, the Committee’s concerns about the shortcomings of the legislation have been drawn to the attention of the competent authority; concerning collective bargaining, it is the practice of most of the trade unions.
The Committee notes the Government’s statement, according to which a new Labour Relations Bill is presently awaiting Cabinet’s approval. The Committee hopes that the said Bill will address the abovementioned issues, and requests the Government to keep it informed in this respect and hopes to be able to note progress in the near future.
The Committee notes the Government’s indication that although there are no specific regulations in place, section 11 of the Constitution provides some degree of protection of freedom of assembly and association.
It also notes that according to the Government, the Committee’s concerns about the shortcomings of the legislation will be brought to the attention of the competent authority.
The Committee requests the Government to keep it informed of any measures taken in this respect and hopes to be able to note progress in the near future.
The Committee notes the Government’s report and particularly the fact that: (1) there are no provisions providing protection against anti-union discrimination; (2) trade unions guarantee protection against acts of interference; and (3) no machinery has been established to give effect to Articles 3 and 4 of the Convention.
The Committee concludes that the legislation is not in conformity with any of the provisions of the Convention and requests the Government to take measures to include in the legislation provisions which provide protection against acts of anti-union discrimination and interference by the employer or employers’ organizations in workers’ organizations (and vice versa) and which encourage collective bargaining in the private and public sectors (with the sole possible exception of public servants engaged in the administration of the State).
The Committee requests the Government to keep it informed of any measures taken in this respect and hopes to be able to note progress in the near future. Finally, the Committee requests the Government to provide a copy of the full text of the Trade Union Act.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee asks the Government to provide additional information on the following points.
Article 1 of the Convention. Protection against anti-union discrimination. The Committee notes the information supplied in the Government’s report to the effect that workers have no protection against acts of anti-union discrimination. The Committee recalls that national legislation should contain specific provisions to protect workers against acts of anti-union discrimination both at the time of taking up employment and in the course of employment. Such provisions should be coupled with effective and expeditious procedures and with sufficiently dissuasive sanctions (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 203 and 224). The Committee therefore asks the Government to take steps to amend its legislation to that end.
Article 2. The Committee notes that, according to the Government, the Trade Union Act guarantees protection against acts of interference in trade unions. The Committee asks the Government to send a copy of the above Act and to indicate the relevant provisions.
Articles 3 and 4. The Committee asks the Government to send a copy of any law or legislative provisions concerning collective bargaining in the public sector (including the civil service) and the private sector. The Committee notes the information supplied in the Government’s report that 21 collective agreements have been registered and are functioning. The Committee asks the Government to provide additional information on the above agreements (categories and number of workers covered, institutions and enterprises covered, etc.).
The Committee notes the Government’s first report with interest. It nonetheless asks the Government to provide additional information on the following points.
Article 2. The Committee notes that, according to the Government’s report, the Trade Union Act guarantees protection against acts of interference in trade unions. The Committee asks the Government to send a copy of the above Act and to indicate the relevant provisions.