Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC).

The Committee had noted with interest the ITUC’s indication that the recently amended legislation and efforts undertaken by the authorities have contributed to a significant improvement in respect of trade union rights, and that in most sectors employers that had traditionally been hostile towards trade unions have agreed to recognize and negotiate with them. Further noting that the ITUC refers to the absence of collective bargaining in the public service sector, the Committee requests the Government to provide its observations thereon and to reply to the other matters raised in its previous observation.

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that section 7 of the Labour Unions Act (LUA) sets forth the lawful purposes for which trade union federations may be established. The said purposes include, inter alia: the formulation of policy relating to the proper management of labour unions and the general welfare of employees; the planning and administration of workers’ education programmes; and consulting on all matters relating to labour union affairs. Noting that the lawful purposes delineated under section 7 of the LUA does not include collective bargaining, the Committee recalls that the right to collective bargaining should also be granted to federations and confederations of trade unions (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 249). In this connection, the Committee requests the Government to confirm whether the right of trade union federations to engage in collective bargaining is assured, in the LUA or in other legislation.

Compulsory arbitration. The Committee notes that, under section 5(3) of the Labour Disputes (Arbitration and Settlement) Act of 2006, in cases where a labour dispute reported to a labour officer is not referred to the Industrial Court within eight weeks from the time the report is made, any of the parties or both the parties to the dispute may refer the dispute to the Industrial Court. Section 27 of the Act, the Committee further notes, empowers the minister to refer disputes to the Industrial Court where one or both parties to a dispute refuse to comply with the recommendations of the report issued by a board of inquiry. In this connection, the Committee recalls that recourse to compulsory arbitration is acceptable only for; (1) workers in essential services, in the strict sense of the term; and (2) public employees engaged in the administration of the State. Otherwise, provisions that permit the authorities to impose compulsory arbitration, or allow one party unilaterally to submit a dispute to the authorities for arbitration, run counter to the principle of the voluntary negotiation of collective agreements enshrined in Article 4 of the Convention. The Committee requests the Government to amend the above legislation so as to bring it into conformity with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.