Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Repetition

Article 2 of the Convention. Minimum membership requirements for employers’ organizations. In its previous comments, the Committee had requested the Government to take measures to reduce the number of members (ten) required for the registration of an employers’ organization (sections 5(2) and 9(1)(e) of the Labour Relations Act of 1999). The Committee had recalled that the minimum requirement of ten employers to form an employers’ organization was excessive and capable of hindering the creation of employers’ organizations, particularly given the relatively small size of the country. The Committee notes with interest that the Government states in its report that the Labour Relations Act is in the process of being revised, including as to a reduction of the employer organizations’ membership requirement from ten to three. The Committee requests the Government to provide information as to the result of the revision process.

Minimum membership requirements for workers’ organizations. The Government had indicated in an earlier report that the minimum membership requirement for the registration of a trade union is seven members. On the other hand, the Committee had observed in its previous observation that sections 5(1) and 9(1)(e) of the Labour Relations Act provide for a minimum membership of 25 members for the registration of a trade union. Consequently, the Committee had requested the Government to indicate whether these provisions had been amended. The Committee notes that the Government acknowledges that the two provisions are being reviewed as part of the revision of the Labour Relations Act, but provides no indication as to whether the revisions envisaged include the lowering of the minimum membership requirement for trade unions. Recalling the importance of ensuring that the minimum membership number be fixed in a reasonable manner so that the establishment of organizations is not hindered, the Committee requests the Government to discuss this matter with the social partners and to provide information as to the result of the legislative revision process in this respect.

Prison officers. The Committee had noted in its previous comments the Government’s indication that prison officers were prevented from joining organizations of their own choosing. The Committee had recalled that, in accordance with Article 2 of the Convention, the right to establish and join occupational organizations should be guaranteed for all public servants and officials, and that, under Article 9(1) of the Convention, the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. The Committee observes that the Government’s report contains no comments on this matter. The Committee once again requests the Government to take the necessary measures to ensure that prison officers benefit from the rights and guarantees provided for in the Convention, and to provide information on any developments in this regard.

Article 3. Compulsory arbitration. The Committee had noted in its previous comments that section 46 of the Labour Relations Act grants the Minister the power to refer to compulsory arbitration disputes in essential services, and that the second schedule to this Act, which establishes the essential services, includes sanitation, seaport and dock services. The Committee had recalled that it did not consider sanitation, seaport and dock services to be essential in the strict sense of the term – that is to say, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee notes that the Government states that the above-mentioned section will be revised but that, given the nature of the country as an island, the Government is of the view that seaports and airports are essential services, since there are no alternatives in the case of any eventuality. The Committee recalls again that a minimum service could be appropriate as a possible alternative in these situations, bearing in mind that a substantial restriction or total prohibition of the right to strike would not appear to be justified and that, without calling into question the right to strike of a large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption. The Committee further recalls that workers’ organizations should be able to participate in defining such a service in the same way as employers and the public authorities. The Committee requests the Government to discuss this matter with the social partners and to provide information on developments in this regard.

The Committee trusts that the revision of the Labour Relations Act will soon be completed and will take fully into account the above-mentioned principles to ensure conformity with the Convention. The Committee requests the Government to provide a copy of the revised Labour Relations Act once adopted.