Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Royaume-Uni de Grande-Bretagne et d'Irlande du Nord (Ratification: 1950)

Autre commentaire sur C098

Observation

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The Committee notes the observations of the Government on the 2010 comments of both the International Trade Union Confederation (ITUC) and the Trades Union Congress (TUC). The Committee takes note of the comments submitted by the ITUC in communications dated 31 July and 4 August 2011, as well as those submitted by the TUC in a communication dated 29 August 2012. The Committee requests the Government to provide its observations thereon.

Articles 1, 2 and 3 of the Convention. Shipping sector. The Committee had previously requested the Government to provide its observations on the TUC’s allegation that contracts of employment had been found to expressly forbid individuals from contacting a recognized trade union so as to favour the conclusion of “workforce agreements” with workers’ representatives rather than collective agreements with trade unions, thereby lowering the terms and conditions of employment in the shipping sector. The Committee noted the Government’s indication that it enforces the issues relating to employment contracts in the shipping sector through the Maritime and Coastguard Agency (MCA), entitled to examine contracts of employment, and that it has acted to ensure that the MCA surveyors can readily identify clauses which prevent workers from exercising their rights under the Convention, including through training courses and the MCA Operations Advice Note No. OAN 378 which also addresses this issue. The Committee requested the Government to indicate the number of violations identified within the reporting period and to specify the sanctions applied against the persons responsible for such violations. The Committee notes the Government’s indication in its latest report that the MCA has advised that, for this reporting period, no such violations have been identified. The Operations Advice Note No. OAN 378 continues to be current. In addition, the MCA advises that, once the Maritime Labour Convention, 2006 (MLC,2006), comes into force in the United Kingdom, it will be supported by guidance which will specifically address the right to join a union. The Committee requests the Government to continue to provide information on any developments in this regard.