Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's report.

Article 1 of the Convention. The Committee notes with interest the adoption of the Trade Union Recognition Bill, affording additional protection to workers engaged in trade union activities.

Article 4 of the Convention. The Committee notes that the Trade Union Recognition Act also provides for compulsory recognition of trade unions based upon 40 per cent support of the workers. The Committee notes that according to the Government it was never the practice for minority unions to be granted bargaining rights. The Committee points out that when any trade union has less that 40 per cent support of the workers, bargaining rights should be granted to unions in the bargaining unit, at least on behalf of their own members. It asks the Government to indicate any measure envisaged to ensure full conformity with the Convention on this matter.

The Government had indicated in previous reports that collective agreements were "vetted and countersigned by the Ministry of Labour". The Committee had requested the Government to clarify in its next report what this vetting process consisted of. The Committee notes that according to the Government collective agreements are not subject to prior governmental approval and that the Ministry of Labour simply ensures that the agreements are not in breach of statutory laws and provisions of ILO Conventions.