National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Protection against employer interference. In its previous comments, the Committee requested the Government to indicate any measures taken or envisaged to further protect against any possible employer intimidation or interference in respect of union certification or decertification. The Committee requests the Government to provide information, in its next report, in this regard and to consider other ways of ensuring protection against acts of interference.
Coverage of management personnel. In its previous comments, the Committee requested the Government to indicate any measures taken or envisaged to include management personnel within the scope of the Trade Union Act so as to guarantee them the rights established by the Convention. The Government had indicated that the Labour Advisory Council is in the process of finalizing a process of consideration of specific amendments to the Act which will help to protect employees generally and, specifically, will include management personnel within the scope of the Trade Union Act. The Committee requests the Government to transmit, with its next report, the amended Trade Union Act.
The Committee hoped that it would soon be able to note progress on these two issues.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
Protection against employer interference. In its previous comments, the Committee requested the Government to indicate any measures taken or envisaged to further protect against any possible employer intimidation or interference in respect of union certification or decertification. The Committee notes the information provided by the Government that the number of Labour Relations Officers has been doubled from two to four, a measure which it believes will assist the labour relations environment and play some part in protecting against any possible employer intimidation or interference in respect of union certification or decertification. The Committee requests the Government to provide information, in its next report, in this regard and to consider other ways of ensuring protection against acts of interference.
Coverage of management personnel. In its previous comments, the Committee requested the Government to indicate any measures taken or envisaged to include management personnel within the scope of the Trade Union Act so as to guarantee them the rights established by the Convention. In this regard, the Committee notes that the Government indicates that the Labour Advisory Council is in the process of finalizing a process of consideration of specific amendments to the Act which will help to protect employees generally and, specifically, will include management personnel within the scope of the Trade Union Act. The Committee requests the Government to transmit, with its next report, the amended Trade Union Act.
The Committee appreciates the information contained in the Government’s report and hopes that it will soon be able to note progress on these two issues.
The Committee notes that the Government’s report has not been received. It also notes the comments made by the Bermuda Public Services Union (BPSU).
Protection against employer interference. In its previous comments, the Committee had requested the Government to indicate any measures envisaged to amend the 1998 Trade Union Amendment Act, which took effect on 1 May 2000, so as to further protect against any possible employer intimidation or interference in respect of union certification or decertification. The Committee recalls that this request originated in the conclusions and recommendations reached by the Committee on Freedom of Association in Case No. 1959 (320th Report, approved by the Governing Body at its 277th Session in March 2000). Recalling that in its previous report the Government had noted that this matter is still under consideration, the Committee once again requests the Government to indicate any measures taken or envisaged to further protect against any possible employer intimidation or interference in respect of union certification or decertification.
Coverage of management personnel. In its previous comments the Committee, taking note of the conclusions of the Committee on Freedom of Association in Case No. 1959 and the Government’s commitment to the objective of including management personnel within the scope of the provisions of the Trade Union Amendment Act, despite the defeat of an amendment to this effect in the Senate in August 1999, requested the Government to indicate in its next report the measures taken or envisaged in order to include management personnel within the scope of the Act and guarantee to them the rights established by the Convention. The Committee notes the comments made by the BPSU according to which there are no pending amendments to the Trade Union Amendment Act 1998, consolidated under the Trade Union Act, so as to afford management personnel the rights established by the Convention. The BPSU also refers to a case of denial of the right to organize to the middle management staff of a public institution. The Committee once again requests the Government to indicate in its next report the measures taken or envisaged in order to include management personnel within the scope of the Trade Union Act so as to guarantee to them the rights established by the Convention.
The Committee hopes that, in the near future, it will note substantial progress in the application of the Convention.
The Committee notes the Government’s report.
1. Protection against employer interference. In its report, the Government refers to the need to amend the 1998 Trade Union Amendment Act, which took effect on 1 May 2000, to further protect against any eventual employer intimidation or interference in respect of union certification or decertification. The Government indicates in its report that this matter is still under consideration. The Committee requests the Government to indicate any measures envisaged to further protect against any eventual employer intimidation or interference in respect of union certification or decertification.
2. Coverage of management personnel. In its previous direct request, the Committee took note of the conclusions of the Committee on Freedom of Association in Case No. 1959 (320th Report, approved by the Governing Body at its 277th Session in March 2000) and observed that in the context of this case, the Government had indicated that it remained committed to the objective of including management personnel within the scope of the provisions of the Trade Union Amendment Act, despite the defeat of an amendment to this effect in the Senate in August 1999. The Government reiterates its previous statements in its report, and adds that this issue is still under consideration. The Committee requests the Government to indicate in its next report the measures taken or envisaged in order to include management personnel within the scope of the Act so as to guarantee them the rights established by the Convention.
The Committee notes with regret 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 takes note of the conclusions of the Committee on Freedom of Association in Case No. 1959 (320th Report, approved by the Governing Body at its 277th Session in March 2000).
The Committee notes the entry into force of the Trade Union Amendment Act, 1998, which took effect on 1 May 2000. The Committee observes that in the context of Case No. 1959, the Government has indicated that it remained committed to the objective of including management persons within the scope of the provisions of the 1998 Trade Union Amendment Act, despite the defeat of an amendment to this effect in the Senate in August 1999. In addition, the Government referred to the need to amend the Act to further protect against any eventual employer intimidation or interference in respect of union certification or decertification. The Committee requests the Government to indicate in its next report the measures taken or envisaged in order to include management persons within the scope of the Act, as well as any measures envisaged to further protect against any eventual employer intimidation or interference in respect of union certification or decertification.
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 notes the information contained in the Government’s report. It also takes note of the conclusions of the Committee on Freedom of Association in Case No. 1959 (320th Report, approved by the Governing Body at its 277th Session in March 2000).
The Committee notes the entry into force of the Trade Union Amendment Act 1998, which took effect on 1 May 2000. The Committee observes that in the context of Case No. 1959, the Government had indicated that it remained committed to the objective of including management persons within the scope of the provisions of the 1998 Trade Union Amendment Act, despite the defeat of an amendment to this effect in the Senate in August 1999. In addition, the Government referred to the need to amend the Act to further protect against any eventual employer intimidation or interference in respect of union certification or decertification. In its latest report, the Government states that no new development has been made on these issues. The Committee thus requests the Government to indicate in its next report the measures taken or envisaged in order to include management persons within the scope of the Act, as well as any measures envisaged to further protect against any eventual employer intimidation or interference in respect of union certification or decertification.