Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the comments of 29 August 2008 by the International Trade Union Confederation (ITUC) which refer to matters already raised by the Committee, as well as allegations concerning acts of anti-union discrimination. These allegations are examined under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Article 3 of the Convention. The right of organizations freely to organize their activities and to formulate their programmes. The Committee recalls that in its previous observations it referred to the extensive power of the minister to refer an industrial dispute to arbitration (sections 9, 10, and 11(A) of the Labour Relations and Industrial Disputes Act). The Committee notes that the Government indicates in its report that the amendments to the Labour Relations and Industrial Disputes Act only permit the minister to exercise the powers vested in his office to require compulsory arbitration in specific essential circumstances and only after all efforts to come to an amicable settlement through dialogue and negotiations have failed. The Committee further notes that the Government indicates that the Labour Relations and Industrial Disputes Act and its corresponding regulations are constantly under review by the ministry and that the ministry will examine concerns raised with a view to making any amendments necessary to make it more compliant with the Convention. In these circumstances, the Committee hopes that sections 9, 10 and 11(A) of the Act will be amended, taking into account that compulsory arbitration to end a collective labour dispute is acceptable only at the request of both parties or in instances where a strike may be restricted or even banned, i.e. in the event of a dispute in the public service involving public servants exercising authority in the name of the State, or in essential services in the strict sense of the term, namely services the interruption of which could endanger the life, personal safety or health of the whole or part of the population. The Committee requests the Government to indicate any developments in this regard.