Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee regrets to note that the Government’s report has not been received.

The Committee is therefore bound to reiterate its previous observation, which read as follows.

Articles 3 and 4 of the Convention. 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 granted to all the unions in this unit, at least on behalf of their own members.

Comments of the ICFTU. The Committee notes that in its communication of 10 August 2006, the International Confederation of Free Trade Unions (ICFTU) indicates that the fines imposed in cases of anti-union discrimination are not sufficiently dissuasive. According to the ICFTU, 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 Committee requests the Government to send its observations on this subject.

The Committee is addressing a request directly to the Government on another matter.

The Committee hopes that the Government will make every effort to adopt the necessary measures in the near future.