Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the Government’s report.

1. Article 4 of the Convention. Promotion of collective bargaining. In its previous comments the Committee had noted that the dual requirement established in sections 8(3) and 19(1)(e) of Trade Union Decree No. 20 of 1976, that is to say, a minimum of 1,000 members to form a trade union and a representation of 51 per cent of the employees concerned in order to be granted exclusive bargaining rights, did not promote collective bargaining and might deprive workers in smaller bargaining units, or those who are dispersed over wide geographical areas, of their collective bargaining rights. The Committee had requested the Government to keep it informed of progress made in the adoption of a draft Bill to amend sections 8(3) and 19(1)(e) of the Trade Unions Decree.

In its latest report the Government indicates that the labour laws reform exercise, which has been ongoing for over ten years now, will hopefully soon lead to the enactment of four Bills to revise, inter alia, the Trade Union Decree (now the Trade Union Act Cap. 2000) by removing the minimum membership requirement of 1,000 members to form a trade union. According to the Government, consensus has been achieved on most areas and a meeting was scheduled to take place shortly after June 2004 with the social partners and other stakeholders in order to harmonize the few remaining areas of contention.

Noting that the Government refers to plans to revise the minimum membership requirement but not the absolute majority requirement in order for a trade union to be granted exclusive bargaining rights, the Committee recalls that if no union covers more than 50 per cent of the workers (in a system where the law stipulates that a trade union must receive the support of 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent) collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members (see General Survey on freedom of association and collective bargaining, 1994, paragraph 241). The Committee requests the Government to keep it informed of progress made in the process of legislative reform with a view to revising sections 8(3) and 19(1)(e) of the Trade Unions Decree.

2. Exclusion of the prison services from the application of the Trade Union Decree. In its previous comments, the Committee had noted that prison staff was excluded from trade union membership by section 3 and Annex 2 of the Trade Unions Decree as amended by the Trade Union (Miscellaneous Amendments) Act of 1993. In its report the Government indicates that the prisons services are still exempted from the Trade Union Decree (now the Trade Union Act Cap. 2000) but that they are allowed to form associations for the purpose of promoting their welfare. The Committee notes that Article 5 does not exclude prison staff from the scope of the Convention and that therefore occupational organizations representing this category of workers should enjoy the right to engage in negotiations with a view to the regulation of terms and conditions of employment by means of collective agreements in accordance with Article 4 of the Convention. The Committee requests the Government to indicate in its next report any measures taken or contemplated in the framework of the current process of legislative reform so as to bring the legislation into full conformity with the Convention on this point.