Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Saint-Vincent-et-les Grenadines (Ratification: 2001)

Autre commentaire sur C087

Observation

Demande directe

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The Committee notes the Labour Relations Bill, 2022 (LRB). The Committee wishes to draw the Government’s attention to the following provisions of the LRB which are not in conformity with the Convention.

Article 2 of the Convention. Definition of worker. The Committee notes that the LRB defines the term “employee” as “an individual who offers his or her services under a contract of employment whether for a short term or an indefinite period and may include a former employee where the context admits” (section 2(1)). The Committee recalls that all workers without distinction whatsoever (with the only possible exception of members of the armed force and the police) must be covered by the principles set out in the Convention. These include, in particular, domestic workers, workers in the informal economy, apprentices and workers during their probationary period, self-employed workers, workers without employment contracts, and agricultural workers. The Committee also recalls that legislation should not prevent former workers and retirees from joining trade unions, if they so wish, particularly when they have participated in the activity represented by the union ( 2012 General Survey on the fundamental Conventions, paragraph 71). The Committee requests the Government to amend the draft legislation so as to ensure that the right to organize is recognized for all workers, regardless of their contractual situation.

Article 3. Right of organizations to draw up their constitutions and rules. Internal administration. The Committee notes that Schedule 1 of the LRB outlines what type of provisions and information shall be included in the constitution of an organization. The Committee notes, in particular, that under point 14, an organization’s constitution shall provide for the conditions under which a member may become entitled to financial benefit provided by the organization, which would appear to suggest that organizations must provide financial benefit to their members. The Committee recalls that legislative provisions should only lay down formal requirements respecting trade union constitutions and that such matters as assistance to members should be left to the discretion of the organizations concerned. The Committee requests the Government to repeal point 14 of Schedule 1 of the LRB so as to ensure that trade unions and employer organizations are free to determine their own constitution, rules and procedures.

Right to strike. The Committee notes that pursuant to section 6 of the LRB, an employee engaged in essential services shall not withdraw his or her services except as provided under the Essential Services Act. The Committee requests the Government to provide a copy of this Act.

Article 4. Dissolution or suspension of organizations by administrative authority. The Committee notes that the cancelation of the registration of an organization, regulated under sections 21 and 22 of the LRB is subject to a judicial appeal. The Committee requests the Government to indicate whether such an appeal would have the effect of a stay of execution.

Noting the Government’s indication that the Bill is before the Cabinet, the Committee expects that the Labour Relations Bill will be amended taking into account the comments above.