Observación (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

The Committee notes, with regret, that for the fourth consecutive year, the Government’s report has not been received.

Articles 1 and 3 of the Convention. The Committee takes note of the comments made by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, to the effect that the procedures before the courts in cases of anti-union discrimination are too slow and cumbersome while the fines imposed are extremely low. According to the ITUC, cases of anti-union discrimination occur in practice in the banana plantation sector and in export processing zones, where employers do not recognize any unions. The ITUC also refers to instances of anti-union discrimination in specific companies. The Committee requests the Government to send its observations on this subject.

Articles 3 and 4. In its previous comments, the Committee recalled that, under the provisions of section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, Chapter 304, a trade union could be certified as a bargaining agent if it received 51 per cent of the votes and that problems might arise from such a requirement of an absolute majority since, where this percentage was not attained, the majority union would be denied the possibility of bargaining. The Committee therefore once again requests the Government to report on any measures taken or contemplated to amend the legislation so as to ensure that when no union covers more than 50 per cent of the workers, collective bargaining rights are not denied to the unions in this unit, at least on behalf of their own members.

The Committee notes that according to the ITUC, collective bargaining rights are frequently violated by employers, despite the fact that they are guaranteed in law. The Committee requests the Government to reply to these comments and to provide statistical information in its next report on the number of collective agreements concluded during the last two years, as well as the sectors and number of workers covered by such agreements.