Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Articles 2, 3 and 4 of the Convention. The Committee recalls that for several years it has been commenting upon several provisions of the Industrial Relations Act (IRA) concerning insufficient protection against acts of interference and restrictions on the right to bargain collectively. The Committee notes that, according to the information provided in the Government’s report, while a review of the IRA is highly envisaged, it will only be undertaken after the revision of the Employment Act, currently under review. The Government indicates that once the committee responsible to review the IRA is set up, the Committee’s observations will be brought to its attention for further action. The Committee therefore once again requests the Government to:

–      adopt legislative provisions providing for protection against acts of interference by employers or their organizations into workers’ organizations, in particular, acts which are designed to promote the establishment of workers’ organizations under the domination or control by employers or employers’ organizations, coupled with effective and sufficiently dissuasive sanctions; and

–      to amend its legislation so as to ensure that recourse to compulsory arbitration in cases where the parties do not reach an agreement through collective bargaining is permissible only in the context of essential services, in the strict sense of the term, and for civil servants engaged in the administration of the State.

The Committee expresses the hope that the Industrial Relations Act will soon be amended, taking into account previous comments by the Committee and requests the Government to indicate any progress in this respect.

Article 6. The Committee recalls that in its previous comments it had requested the Government to take the necessary measures so as to ensure that prison staff, excluded from the scope of the IRA are granted the right to bargain collectively. The Committee notes that no information has been provided by the Government in this respect. It therefore reiterates its previous request and once again asks the Government to indicate the measures taken or envisaged in this respect.

In its previous observation, the Committee had noted the Government’s wish to avail itself of the technical assistance of the Office with regard to the amendment of the IRA. The Committee trusts that the necessary technical assistance of the Office, requested by the Government, will be provided in the near future.