Observación (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (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.