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Repetition The Committee notes the International Trade Union Confederation’s (ITUC’s) communications of 2010, 2012 and 2013, which refer to obstacles to the exercise of collective bargaining rights and in particular the requirement in practice of very high representation thresholds. The Committee further notes that the ITUC also refers to compulsory arbitration in the framework of collective bargaining and of difficulties in the export processing zones (EPZs) and, finally, restrictions to trade union rights and anti-union discrimination practices in certain enterprises or institutions. The Committee requests the Government to provide its observations thereon.
Repetition The Committee notes the International Trade Union Confederation’s (ITUC) communication dated 24 August 2010, which refers to obstacles to the exercise of collective bargaining rights and in particular the requirement in practice of very high representation thresholds. The Committee further notes that the ITUC also refers to difficulties in the export processing zones (EPZs) and, finally, restrictions to trade union rights in certain enterprises or institutions. The Committee requests the Government to provide its observations thereon.
The Committee notes that the Government’s report has not been received. It notes the International Trade Union Confederation’s (ITUC) communication dated 24 August 2010, which refers to obstacles to the exercise of collective bargaining rights and in particular the requirement in practice of very high representation thresholds. The Committee further notes that the ITUC also refers to difficulties in the export processing zones (EPZs) and, finally, restrictions to trade union rights in certain enterprises or institutions. The Committee requests the Government to provide its observations thereon.
The Committee notes the Government’s reply to the International Trade Union Confederation’s (ITUC) communication dated 26 August 2009, which refers to matters previously raised.
The Committee had previously noted the ITUC’s allegation concerning the exclusion of the informal sector from the guarantees of the Convention. In this respect, the Government states that the ITUC’s allegation is incorrect. The Government further indicates that there is even an organization entitled the Malawi Union for the Informal Sector, which was registered in June 2004. The Committee notes the Government’s information.
The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008 concerning the application of the Convention in the informal sector. The Committee requests the Government to provide its observations thereon.
The Committee notes the Government’s report containing its replies to the comments made by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 10 August 2006 (essentially concerning matters the ICFTU had already raised in 2005). It notes that the Government refers in this respect to the statements made in a communication dated 16 September 2005, which has already been examined by the Committee.
In its previous observation, the Committee had noted the comments made by the Malawi Congress of Trade Unions (MCTU) in a communication dated 26 December 2004, and the ICFTU in a communication dated 31 August 2005 and had requested the Government to carry out a comprehensive investigation into the dismissal of five trade union officials mentioned by the MCTU and to provide its observations on the comments of the ICFTU concerning the dismissal of eight of the union leaders of Lilongwe City. In the absence of specific information from the Government on these matters, the Committee once again requests it to ensure that a comprehensive investigation is carried out.
1. The Committee takes note of the comments made by the Malawi Congress of Trade Unions (MCTU) in a communication dated 26 December 2004 with regard to anti-union dismissals of five trade union officials and the malfunction of the Labour Tripartite Advisory Council (LTAC), as well as the Government’s observations thereon denying the anti-union nature of the dismissals and indicating that the LTAC is functioning properly. The Committee requests the Government to carry out a comprehensive inquiry into the dismissals of the five trade union leaders mentioned in the MCTU’s comments and, if it is confirmed that acts of anti-union discrimination occurred, to take the necessary remedial measures. Concerning the MCTU comments on the Tripartite Labour Advisory Council, the Committee notes that they are not sufficiently specific and will therefore not be examined in the absence of further information.
2. The Committee takes note of the comments made by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 31 August 2005, making reference to the absence of recognition of the right to organize in practice, employer resistance towards trade unions’ rights, and anti-union dismissals of eight trade union leaders representing Lilongwe City workers. The Committee requests the Government to provide its observations on the ICFTU comments.
The Committee notes that the International Confederation of Free Trade Unions (ICFTU) has sent a communication dated 6 February 2002 on the application of the Convention concerning restrictions to trade union rights in export processing zones and the dismissal of trade union leaders for their trade union activities. The Committee notes the Government’s reply and its indications according to which its response was made available to the interested parties at national and international level.
The Committee takes due note of the information provided by the Government in its report according to which the Labour Relations Act No. 16 of 1996 came into effect as of 1 December 1997. The New Labour Relations Act was promulgated after tripartite consultations and repealed the Trade Unions Act Chapter 54:01 and the Trade Disputes (Arbitration and Settlement) Act Chapter 54:02.
Article 4 of the Convention. The Committee observes that section 41 of the New Labour Relations Act No. 16 provides for a review by the Tripartite Labour Advisory Council of the thresholds set for the recognition of unions for collective bargaining purposes at the enterprise and sectoral levels (sections 25 and 26) which could be raised up to 40 per cent. The Committee notes that a significant increase of threshold for collective bargaining purposes could deprive a large number of workers of their right to have their trade unions collectively bargain on their behalf if the organizations do not meet the minimum percentage required. Given that the current system meets the requirements of the Convention, the Committee requests the Government to be kept informed of any increase in the percentages required for collective bargaining purposes and more precisely to have communicated to it the recommendations made by the Tripartite Labour Advisory Council to the Minister pursuant to section 41 of the New Labour Relations Act No. 16 and concerning the review of the percentages set out in sections 25 and 26 of the Act.
The Committee takes due note of the Government's report on the application of the Convention. It notes in particular that, following consultations with the Wages Advisory Board and the Wages Advisory Councils, the Government has promulgated orders relating to wages and conditions of employment and that several collective agreements have been concluded following voluntary negotiations between national trade unions and employers' associations.
The Committee requests the Government to indicate which sectors are covered by the collective agreements and to supply the text of the agreements that are in force.
The Committee notes that the Government's report has not been received and hopes that a report will be supplied for examination by the Committee at its next session. The Committee would appreciate receiving information on the application of the Convention in practice, in the Government's future reports.
The Committee takes due note of the Government's report concerning the effect given to the Convention in practice. It notes in particular that no case of anti-union discrimination or interference by employers or employers' organisations, in the sense of Articles 1 and 2 of the Convention, has been brought to the attention of the Government. It also notes that consultations between employers and workers on terms and conditions of employment with a view to issuing ordinances on wages are being held in the Wages Advisory Board and in the six Wages Advisory Councils in the agricultural, building and civil engineering, hotels and catering, road transport, tobacco and wholesale and retail sectors.