Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 31 August 2016. The Committee also notes the response of the Government to the ITUC’s observations, including the Government’s indication that these observations will be considered as part of the ongoing revision of the Industrial Relations Act (IRA).

Workers covered by the Convention. The Committee observes that section 2(3) of the IRA excludes from its scope of application the following categories of workers: members of the teaching service or employed in a teaching capacity by a university or other institution of higher learning, apprentices, domestic workers, and persons in enterprises with policy and other managerial responsibilities. In this respect, the Committee recalls that, according to Articles 5 and 6 of the Convention, only members of the armed forces and the police as well as public servants engaged in the administration of the State may be excluded from the guarantees set out in the Convention. The Committee thus requests the Government to indicate the manner in which the categories of workers excluded from the IRA and mentioned above, enjoy the guarantees under the Convention.

Article 4 of the Convention. Representativeness for the purposes of collective bargaining. In its previous comments, the Committee has been referring to the need to amend section 24(3) of the Civil Service Act, which affords a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the civil service. The Committee notes that the Government indicates once again that the matter of the amendment of section 24(3) is still under consideration as it requires extensive continuing dialogue. The Committee recalls that where there exists a trade union which enjoys preferential or exclusive bargaining rights, as in the current system, decisions concerning the most representative organization should be made by virtue of objective and pre-established criteria instead of simply giving priority to the one which was registered earlier in time, so as to avoid any opportunities for partiality or abuse. The Committee expresses the firm hope that section 24(3) of the Civil Service Act will be modified in the near future so as to bring it into conformity with the Convention, and requests the Government to indicate any developments in this regard.

In its previous comments, the Committee also referred to the need to amend section 34 of the IRA in order to ensure that, in cases in which no trade union represents the majority of workers, the minority unions can jointly negotiate a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members. The Committee notes the Government’s indication that the concerns of the Committee are noted and will continue to receive the attention of the Industrial Relations Advisory Committee. The Committee also observes that the Government notes, in its report under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that a bill to amend the IRA was introduced in 2015 and is before the House of Representatives. The Committee hopes that the amendment of the IRA will address its comments and that measures will be taken to ensure that minority unions can jointly negotiate a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members when there is no union that represents the majority of workers. Recalling that the Government may avail itself of the technical assistance of the Office, the Committee requests the Government to provide a copy of the bill and to indicate any progress made in this respect.