Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes note of the information contained in the Government’s report.

The Committee observes that the report does not contain any reply to the comments that the Committee has been making for many years now concerning section 4 of the Better Security Act, 1920, according to which any person who wilfully breaks a contract of service or hiring, knowing that this may endanger real or personal property, is liable to a fine or up to three months’ imprisonment. The Committee recalls that in its previous comments it had pointed out that, although according to the Government this provision has never been invoked in the context of strike action, its amendment is nevertheless advisable so as to eliminate the possibility of invoking it in case of future strikes, with the possible exception of those in essential services in the strict sense of the term. The Committee requests the Government to provide information in its next report on the current legal status of the Better Security Act, 1920, as well as to confirm that section 4 has still not been invoked in the context of strike action and that it is not considered as applicable to strike action.

The Committee also notes the comments communicated by the International Confederation of Free Trade Unions (ICFTU) according to which, while trade union recognition is generally straightforward and respected by employers, it is not mandated by law and thus workers’ right to join and form unions can be subject to pressure from employers. In this respect, the Committee notes from the Government’s report that the process of reviewing legislation regarding trade union recognition, to which it has referred in previous reports, is still ongoing. The Committee requests the Government to provide information on any developments in this regard in its next report.