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The Committee takes note of the Government’s report as well as its reply to the comments made by the International Confederation of Free Trade Unions (ICFTU, now ITUC – the International Trade Union Confederation) in a communication of 10 August 2006 mainly concerning issues already raised. The Committee also notes the comments made by the ITUC in a communication dated 28 August 2007 with regard to violations of the Convention in 2006. The Committee requests the Government to provide its observations on the ITUC comments.

The Committee takes note of the text of the Employment Relations Act No. 36 of 2007 (ERA) which went into effect on 1 October 2007 and repealed the Trade Unions Act, the Trade Disputes Act, the Trade Union (Recognition) Act and the Employment Act (section 265 of the Employment Relations Act).

Trade union registration. 1. In its previous comments the Committee had requested that the Government limit the Registrar’s discretionary power to approve a trade union amalgamation (sections 42 and 46 of the Trade Unions Act). The Committee notes with satisfaction that section 123 of the ERA limits the Registrar’s power to refuse an application for amalgamation to cases where the proposed rules of the amalgamated union do not make adequate provision for all matters enlisted in the Schedule to the Act or where any the purposes of the trade union is unlawful. Moreover, section 139 of the ERA provides for a right to appeal the decision of the Registrar to the Employment Relations Tribunal.

2. The Committee notes that in its comments, the ICFTU refers to delays in the registration of trade unions since the previous legislation did not provide for a time frame within which the registration should be concluded. The Committee notes with satisfaction that section 120(2) of the ERA establishes a 21-day deadline from receipt of an application for registration within which the Registrar must decide on the application.

Right to strike. 1. The Committee had requested the Government to restrict the list of essential services in which the right to strike may be prohibited. The Committee notes with satisfaction that Schedule 7 of the Act defines essential services in line with the Convention.

2. In its previous comments, the Committee had requested the Government to amend the provisions which gave the authorities permanent powers of supervision over trade union ballots, including in case of strikes, in a way which constituted interference in trade union activities, and to indicate in this framework whether the enactment of the ERA would lead to the replacement and repeal not only of clause 13 of the Schedule to section 37 of the Trade Unions Act but also section 10(1) and 10(A)(a) of the Trade Unions Regulations. The Committee notes with interest that, in addition to section 265 of the ERA, which repeals the Trade Unions Act, section 265(7) provides that any subsidiary legislation like the Trade Unions Regulations continues only to the extent that it is consistent with the Act. The Committee requests the Government to confirm that section 10(1) and 10(A)(a) of the Trade Unions Regulations are no longer applicable.

The Committee notes that several discrepancies remain between the provisions of the ERA and the Convention. These are raised in a request addressed directly to the Government.