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The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication of 30 September 2009, which refers to matters previously raised by the Committee as well as the dismissals of trade unionists and violations of collective agreements. The Committee requests the Government to submit its observations thereon.

Articles 1 and 3 of the Convention. The Committee had previously noted that in its 2008 comments, the ITUC alleged that court procedures in cases of anti-union discrimination were too slow and cumbersome, while the fines imposed were extremely low. The Committee had also noted the ITUC’s allegation that in practice violations occurred in the banana plantation sector and in export processing zones, where employers do not recognize unions, and had requested the Government to provide information on these matters. Noting the Government’s indication that the ITUC’s 2008 comments would be submitted to a tripartite body established under the provisions of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act and appointed in August 2008, the Committee requests the Government to inform it of the outcome of the tripartite body’s deliberations on the matters raised by the ITUC.

Articles 3 and 4. The Committee had previously recalled that, under the provisions of section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, Chapter 304 (the Act), a trade union could be certified as a bargaining agent if it received 51 per cent of the votes and that problems might arise from such a requirement of an absolute majority since, where this percentage was not attained, the majority union would be denied the possibility of bargaining. The Committee notes the Government’s statement that section 27(2) of the Act has still not been amended, and that it will keep the Office informed of progress concerning the revision of the said law. The Committee expresses the hope that it will be in a position in the near future to note progress on the amendment of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act and requests the Government to provide information on developments in this regard.

The Committee had previously noted that according to the ITUC, collective bargaining rights were frequently violated by employers, despite the fact that they are guaranteed in law. The Committee had requested the Government to provide its observations in this respect, as well as statistical information on the number of collective agreements concluded during the last two years and the sectors and number of workers covered by such agreements. The Committee notes that according to the Government one agreement was signed in 2006 in the agricultural sector, covering approximately 42 workers, and seven agreements were concluded in 2007 in the agricultural, banking and services sectors, covering approximately 779 workers.