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Other comments on C087

Observation
  1. 2021
  2. 1999
  3. 1998

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Article 3 of the Convention. Essential services and compulsory arbitration. The Committee had noted in its previous comments that section 46 of the Labour Relations Act grants the Minister the power to refer to compulsory arbitration disputes in essential services and that the second schedule to this Act, which establishes the essential services, includes sanitation, seaport and dock services. The Committee had recalled that it does not consider sanitation, seaport and dock services to be essential in the strict sense of the term – that is to say, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee had noted the Government’s information that the above-mentioned section would be revised but that, given the nature of the country as an island, the Government is of the view that seaports and airports are essential services since there are no alternatives in the case of any eventuality. The Committee notes the Government’s information that this matter was discussed with the Labour Advisory Board, and it was the view that essential services remain as is set out in the second schedule of the Labour Relations Act. Recalling that a minimum service, ensuring that users’ basic needs are met and that facilities operate safely or without interruption, could be appropriate as an alternative in these situations, the Committee requests the Government to continue reviewing the matter with the most representative workers’ and employers’ organizations with a view to a possible revision of the second schedule of the Labour Relations Act in light of the Committee’s comments.
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