Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. In its previous comments, the Committee noted that section 4(2)(a) of the Labour Code of 2003 indicates that the provisions of the Code shall not apply to “established employees” – that is those public officers or persons employed by the Government whose salary is paid from or out of the personal emoluments included in the official estimates of Anguilla – and requested the Government to indicate whether established employees are covered by any other legislation and enjoy the rights of freedom of association. The Committee notes that while the Government indicates in its report that police forces have the right to establish associations, it does not provide information on whether other categories of established employees enjoy the rights set forth in the Convention. The Committee recalls that public employees, like all other workers – with the exception of the armed forces and the police – without distinction whatsoever, have the right to establish and join organizations of their own choosing, without previous authorization, for the promotion and defence of their occupational interests. The Committee requests the Government to indicate in its next report whether all employees of the public sector – other than the armed forces and the police – enjoy the rights of freedom of association, and to provide a copy of the relevant legislation.

Article 3. The right of organizations freely to organize their activities and formulate their programmes. In its previous comments, the Committee noted that section 28(1)(a) of the Labour Code of 2003 allows the minister responsible for the administration of the Labour Code to refer any dispute of his choice to arbitration so long as he provides the party with notice in writing of that intent. Under section 30(1) of that Code, arbitration will be binding upon both parties and may only be appealed on the basis of a legal error. The Committee notes that the Government does not provide information in this respect in its report. The Committee recalls that compulsory arbitration to end a collective labour dispute and strike is only acceptable at the request of both parties involved in the dispute, or if the strike in question may be restricted, even banned – that is the case of disputes 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 those services whose interruption would endanger the life, personal safety or health of the whole or part of the population. In these circumstances, the Committee once again requests the Government to take the necessary measures to amend the Labour Code, in order to ensure that compulsory arbitration only occurs in the abovementioned instances. The Committee requests the Government to include in its next report any information concerning measures taken or contemplated in this respect.