Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Repetition

Article 3 of the Convention. Right of organizations to elect their representatives in full freedom. In its previous comments, the Committee had requested the Government to clarify whether section 9(4)(1) of Schedule I of the Industrial Relations Act (IRA) – which provides that executive committees and officers of trade unions should be elected at intervals not exceeding three years - implies that union officials cannot be re-elected for a consecutive term. The Committee takes due note that the Government indicates that section 9(4)(1) of Schedule I of the IRA does not prevent members of trade unions from being re-elected for a consecutive term.

Right of organizations to freely organize their activities and to formulate their programmes. The Committee had previously noted that under section 20(3) of the IRA, the failure to conduct a strike ballot under the supervision of an officer of the ministry renders the strike unlawful. The Committee had observed that, with a view to ensuring freedom from any influence or pressure by the authorities which might affect the exercise of the right to strike in practice, the legislation should not provide for supervision of a ballot by the authorities, and therefore had requested the Government to revise the abovementioned provision. Noting the Government’s indication that the entire IRA is under review, the Committee expects that, during the upcoming amendment of the IRA, full account will be given of the Committee’s comments regarding the need to amend section 20(3) of the IRA. It further requests the Government to provide information on any developments in this regard.

In its previous comments, the Committee had noted that: (i) under the terms of section 73 of the IRA, the minister shall refer a dispute to the tribunal if the parties to the dispute, within non-essential services, failed to reach a settlement, and that, under section 77(1), it is unlawful to have recourse to strike action once the dispute is referred to the tribunal; and (ii) according to section 76(1) of the IRA, a strike which, in the opinion of the minister, affects or threatens the public interest, might be referred to the tribunal for settlement. The Committee had therefore recalled that recourse to compulsory arbitration to bring an end to a collective labour dispute and a strike is only acceptable: (i) in the case of disputes concerning public servants exercising authority in the name of the State; (ii) in conflicts in essential services in the strict sense of the term (that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population); or (iii) in situations of acute national crisis. The Committee had thus requested the Government to take the necessary measures to revise sections 73, 76 and 77, so as to not excessively restrict the right of organizations to formulate their programmes and organize their activities. Noting the absence of information provided in this regard, the Committee reiterates its previous request, and further requests the Government to provide information on any developments in this regard.

The Committee had previously noted that section 75 of the IRA provides that any strike is illegal if: (i) it has any object other than, or in addition to, the furtherance of a trade dispute within the trade or industry in which the strikers are engaged; or ii) it is designed or calculated to coerce the Government either directly or by inflicting hardship upon the community; and had requested the Government to clarify whether workers’ organizations are able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends, which have a direct impact on their members and on workers in general, in particular with regards to employment, social protection and standards of living. The Committee notes the Government’s indication that the IRA provides that trade unions can exercise the right to strike only in the context of collective labour disputes; however, this does not prevent trade unions from demonstrating peacefully or from issuing statements and presenting their views on social issues. The Committee recalls that trade unions and employers’ organizations responsible for defending socio-economic and occupational interest should be able to use, respectively, strike action or protest action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members (see the 2012 General Survey on the fundamental Conventions, paragraph 124). In view of the above, the Committee requests the Government, in consultation with social partners, to take the necessary measures to amend its legislation accordingly and to provide information on any developments in this regard.