Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the information supplied by the Government in its report.

1. In its previous comments, the Committee had referred to the prohibition in section 17(2) of the Industrial Relations Act (IRA) of negotiations relative to promotion, transfer, appointment, dismissal and assignment of duties. The Government states that the exclusion of the above functions from collective bargaining is necessary to enable management to have greater flexibility in deploying and managing its manpower resources in order to achieve its corporate objectives in the most efficient manner. The Committee considers that while issues such as promotion, appointment and assignment of duties could eventually be considered as a matter for the employer to decide on as part of his freedom to manage the enterprise, the other issues, namely transfer and dismissal that are currently excluded from negotiation by virtue of section 17(2) of the IRA, should not be excluded from the scope of collective bargaining. The Committee therefore requests the Government to indicate, in its next report, the steps taken or envisaged to bring this provision into conformity with Article 4 of the Convention.

2. With regard to the discretion of the Industrial Arbitration Court to refuse to register collective agreements concluded in newly established enterprises (section 25 of the IRA), the Committee notes the Government's statement that the Industrial Arbitration Court has so far not refused to certify any of the collective agreements in the new enterprises with terms and conditions of service more favourable than those provided for in Part IV of the Employment Act. The Government states, moreover, that it will be reviewing this provision in consultation with the two other social partners. The Committee trusts that the Government will take appropriate steps to ensure that section 25(2) of the IRA is amended in line with the Convention's requirements so as to fully recognize the right to bargain collectively in newly established enterprises. It requests the Government to inform it of any developments in this respect in its next report.