Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee takes note of the information contained in the Government’s first report.

1.  Article 2 of the Convention.  The Committee notes that, according to the Government, protection of workers’ and employers’ organizations against acts of interference is covered by sections 7, 8 and 9 of the Labour Relations Act. However, the Committee observes that these three sections do not ensure comprehensive and specific protection against acts of interference. Nevertheless, section 10(1) of the Act provides that "the Minister may, after consultation with the Board, from time to time, prescribe by statutory instruments acts or omissions which constitute unfair labour practices, whether by employers, employees, workers committees or trade unions or otherwise and may from time to time vary, amend or repeal such notice". The Committee invites the Government, if it has not yet done so, to enact this provision in order to ensure comprehensive and specific protection against acts of interference, as provided in Article 2.

2.  Article 4.  The Committee notes that sections 98, 99, 100, 106 and 107 of the Labour Relations Act grant the labour authorities the power to refer disputes in the context of collective bargaining to compulsory arbitration whenever they consider it appropriate. The Committee recalls that compulsory arbitration may only be imposed with respect to public servants engaged in the administration of the State and to those working in an essential service in the strict sense of the term, meaning those services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and in case of acute national crisis. Therefore, the Committee requests that the Government take the necessary measures to amend its legislation in order to bring it into conformity with the principles of voluntary collective bargaining.

The Committee notes that section 17(2) of the Labour Relations Act, which provides that regulations made by the Minister prevail over any agreement or arrangement, as well as section 22 of the Act which states that the Minister may, by statutory instrument, fix a maximum wage and the maximum amount that may be payable by way of benefits, allowances, bonuses or increments. The Committee deems these provisions limit the parties’ right to collective bargaining and asks the Government to take measures to amend them. These restrictions would only be admissible in exceptional circumstances (see General Survey on freedom of association and collective bargaining, 1994, paragraph 260).

The Committee also notes that, according to sections 25, 79 and 81 of the Labour Relations Act, collective agreements are required to be submitted for ministerial approval in order to ensure that their provisions are not inconsistent with the national laws and the international labour laws and that they are not inequitable to consumers, to members of the public generally or to any other party to the collective bargaining agreement. The Committee recalls that the power of the authorities to approve collective agreements is compatible with the Convention provided that the approval may be refused only if the collective agreement has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation. Therefore, the Committee requests that the Government take the necessary measures to amend its legislation in order to restrict the power of the authorities in accordance with the criteria laid down.

The Committee notes that, according to section 25(1) of the Labour Relations Act, if workers’ committees reach an agreement with the employer, it must be approved by the trade union and by more than 50 per cent of the employees. The Committee asks the Government if the same condition of approval by 50 per cent of employees applies to arrangements reached between employers and trade unions.

3.  Article 6.  The Committee notes that the Public Service Act of 1996 provides only for consultation with associations and organizations of public servants regarding the conditions of service of the members of the public service (section 20).

However, the Committee takes note of the Civil Service Joint Negotiating Council, Statutory Instrument 141, 1997, which provides that "there shall be a Public Service Joint Negotiating Council whose objective shall be to engage in mutual consultations upon and negotiate salaries, allowances and conditions of service in the Public Service" (section 3(1)).

The Committee recalls that the right to collective bargaining enshrined in the Convention applies to public servants other than those engaged in the administration of the State. The Committee requests that the Government indicate whether public servants not engaged in the administration of the State negotiate collective agreements as well as participate in consultation discussions.

Finally the Committee notes that the Public Service Act excludes from the application of the Act different groups of workers (section 14). The Committee asks the Government to provide information regarding the right to organize and to collective bargaining of the workers excluded from the Public Service Act and requests a copy of the legislation applicable to them on this matter.