Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 326, Novembre 2001

Effect given to the recommendations of the Committee and the Governing Body

1. 171. The Committee last examined this case at its meeting in November 2000 when it once again urged the Government to amend sections 98, 99, 100, 106 and 107 of the Labour Relations Act so as to ensure that compulsory arbitration may only be imposed with respect to essential services and in cases of acute national crisis. Furthermore, the Committee urged the Government to take the necessary measures to ensure that the workers dismissed from the Standard Chartered Bank were reinstated pending the conclusions of the disciplinary committee, reconstituted by the Supreme Court judgement, and trusted that the disciplinary committee would bear in mind the principles of freedom of association so that all those workers who were dismissed for the exercise of legitimate trade union activity would be fully reinstated in their jobs as soon as possible without loss of salary or benefits [see 323rd Report, paras. 106-111].
2. 172. In a communication dated 28 August 2001, the Government indicates that this case has been amicably settled between the bank and its employees. Following the Supreme Court judgement ordering a new disciplinary committee, the parties engaged in protracted negotiations and a settlement was reached and signed by the bank and the workers’ representatives. According to the Government, the bank established an independent administered trust fund for the former employees who have individually and collectively confirmed their satisfaction with the outcome of the dispute. As concerns the legislative changes recommended by the Committee, the Government states that these are being taken care of by the labour amendments processes.
3. 173. The Committee notes with interest that a settlement agreement has been reached between the Standard Chartered Bank and the workers’ representatives, to the collective and individual satisfaction of the workers who were dismissed over four years ago. As concerns its recommendations of a legislative nature, the Committee once again recalls the need to amend the provisions of the Labour Relations Act which provide for compulsory arbitration and the availability of ILO technical assistance in this regard. The Committee requests the Government to keep it informed of any progress made in amending the Labour Relations Act and to transmit a copy of any draft legislation in this respect. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of the case.