Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s report. In its previous comments, the Committee had asked the Government to amend section 42 of the Industrial Relations Act and section 52 of the Public Service Conciliation and Arbitration Act, which give the authorities a discretionary power to cancel arbitration awards or declare wages agreements void when they are contrary to government policy or national interest.

The Government indicates that the national labour legislation was reviewed with ILO technical assistance, to ensure its compliance with the fundamental ILO Conventions. The Industrial Relations Policy Reform and Drafting Instruction have been endorsed by the National Tripartite Consultative Council in July 2000. The Policy Reform was submitted to the National Executive Council in November 2000 and the Drafting Instruction was submitted to the Legislative Council. However, due to errors in the Drafting Instruction, particularly as regards appeals in the public service, the Department of Personnel Management requested the Department of Labour and Employment to re-examine the document. The National Executive Council will examine the Policy once the issues raised by the Department of Personnel Management are dealt with.

The Committee expresses the firm hope that the issues raised concerning the Drafting Instruction will be examined without delay, so that the amendments repealing section 42 of the Industrial Relations Act and section 52 of the Public Service Conciliation and Arbitration Act may be adopted in the very near future. The Committee asks the Government to inform it of any progress made in this regard and to send a copy of the amended legislation as soon as it is adopted.