Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee recalls that for several years, it has been commenting upon several provisions of the Industrial Relations Act (IRA) concerning the issues of trade union registration and the exercise of the right to strike. The Committee notes that, according to the information provided in the Government’s report, there have been no changes in the legislation and that the IRA has not yet been revised. The Committee therefore once again requests the government to amend the following sections of the IRA:

–      section 9(1)(b) and (f), which confers to the registrar discretionary power to refuse registration;

–      section 52(1)(a)(iv), which provides that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

–      section 52(4), which allows the Minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst other things, “public order or the national economy”;

–      section 52(1)(b), which provides for a cooling-off period of 60 days before a strike may begin; and

–      section 56(1), which imposes penalties of up to six months of imprisonment for organizing or participating in a strike declared unlawful on the basis of the IRA provisions, some of which, as mentioned above, are not in conformity with the principles of freedom of association.

In its previous observation, the Committee had noted that the Employment Department in the Ministry of Economic Planning and Employment had started to undertake consultations with social partners and other stakeholders on the issues raised by the Committee. The Committee had also noted the Government’s desire to avail itself of the technical assistance of the Office in this process. The Committee expresses the hope that the Industrial Relations Act will soon be amended, taking into account previous comments by the Committee and requests the Government to indicate any progress in this respect. The Committee trusts that the necessary technical assistance of the Office, requested by the Government, will be provided in the near future.