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Collective Bargaining Convention, 1981 (No. 154) - Saint Lucia (RATIFICATION: 2000)

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The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent call to the Government in 2020, the Committee proceeded with the examination of the application of the Convention on the basis of the information at its disposal. The Committee recalls that it raised questions concerning compliance with the Convention in a direct request, particularly with regard to: (i) the express recognition by legislation of the right to collective bargaining of workers in the fire services and prison officers; (ii) the components of conciliation and arbitration for collective bargaining purposes; and (iii) the adoption of measures to encourage and promote the development of collective bargaining. Having received no observations from the social partners and having no indication of progress on these pending issues at its disposal, the Committee refers to its previous direct request adopted in 2020, and urges the Government to provide a full reply. For this purpose, the Committee recalls that the Government can avail itself of the technical assistance of the ILO.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Article 1 of the Convention. The Committee noted the information provided by the Government that in practice workers in the protective services, which comprise fire service and prison officers, have exercised their right to bargain. It further noted that the Government indicates that, apart from those workers, the Convention applies to all workers in general. In this regard, the Committee recalls that the Convention applies to workers in the fire services and prison officers and accordingly requests the Government to take the necessary measures to amend the legislation to accord with the existing practice in relation to fire service workers and prison officers so as to ensure that they are able to enjoy formal rights to collective bargaining as guaranteed by the Convention.
Article 6. The Committee noted the information provided by the Government indicating that the framework of conciliation and arbitration machinery for collective bargaining purposes involves conciliation services provided by the Department of Labour; mediation services provided by the Minister of Labour; and arbitration provided by ad hoc tribunals appointed pursuant to the Registration, Status and Recognition of Trade Unions and Employers Organizations Act. The Committee requests the Government to provide details of any internal rules or regulations relating to the three components of the conciliation and arbitration machinery for collective bargaining purposes.
Article 7. Noting that the Government has indicated that there are no measures to promote the development of collective bargaining, the Committee invites the Government to consider undertaking consultations with workers’ and employers’ organizations with the aim of reaching agreement on measures (including but not limited to circulars, seminars, publications and incentives) to encourage and promote the development of collective bargaining.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Article 1 of the Convention. The Committee noted the information provided by the Government that in practice workers in the protective services, which comprise fire service and prison officers, have exercised their right to bargain. It further noted that the Government indicates that, apart from those workers, the Convention applies to all workers in general. In this regard, the Committee recalls that the Convention applies to workers in the fire services and prison officers and accordingly requests the Government to take the necessary measures to amend the legislation to accord with the existing practice in relation to fire service workers and prison officers so as to ensure that they are able to enjoy formal rights to collective bargaining as guaranteed by the Convention.
Article 6. The Committee noted the information provided by the Government indicating that the framework of conciliation and arbitration machinery for collective bargaining purposes involves conciliation services provided by the Department of Labour; mediation services provided by the Minister of Labour; and arbitration provided by ad hoc tribunals appointed pursuant to the Registration, Status and Recognition of Trade Unions and Employers Organizations Act. The Committee requests the Government to provide details of any internal rules or regulations relating to the three components of the conciliation and arbitration machinery for collective bargaining purposes.
Article 7. Noting that the Government has indicated that there are no measures to promote the development of collective bargaining, the Committee invites the Government to consider undertaking consultations with workers’ and employers’ organizations with the aim of reaching agreement on measures (including but not limited to circulars, seminars, publications and incentives) to encourage and promote the development of collective bargaining.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2009.
Repetition
Article 1 of the Convention. The Committee noted the information provided by the Government that in practice workers in the protective services, which comprise fire service and prison officers, have exercised their right to bargain. It further noted that the Government indicates that, apart from those workers, the Convention applies to all workers in general. In this regard, the Committee recalls that the Convention applies to workers in the fire services and prison officers and accordingly requests the Government to take the necessary measures to amend the legislation to accord with the existing practice in relation to fire service workers and prison officers so as to ensure that they are able to enjoy formal rights to collective bargaining as guaranteed by the Convention.
Article 6. The Committee noted the information provided by the Government indicating that the framework of conciliation and arbitration machinery for collective bargaining purposes involves conciliation services provided by the Department of Labour; mediation services provided by the Minister of Labour; and arbitration provided by ad hoc tribunals appointed pursuant to the Registration, Status and Recognition of Trade Unions and Employers Organizations Act. The Committee requests the Government to provide details of any internal rules or regulations relating to the three components of the conciliation and arbitration machinery for collective bargaining purposes.
Article 7. Noting that the Government has indicated that there are no measures to promote the development of collective bargaining, the Committee invites the Government to consider undertaking consultations with workers’ and employers’ organizations with the aim of reaching agreement on measures (including but not limited to circulars, seminars, publications and incentives) to encourage and promote the development of collective bargaining.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2009. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
Repetition
Article 1 of the Convention. The Committee noted the information provided by the Government that in practice workers in the protective services, which comprise fire service and prison officers, have exercised their right to bargain. It further noted that the Government indicates that, apart from those workers, the Convention applies to all workers in general. In this regard, the Committee recalls that the Convention applies to workers in the fire services and prison officers and accordingly requests the Government to take the necessary measures to amend the legislation to accord with the existing practice in relation to fire service workers and prison officers so as to ensure that they are able to enjoy formal rights to collective bargaining as guaranteed by the Convention.
Article 6. The Committee noted the information provided by the Government indicating that the framework of conciliation and arbitration machinery for collective bargaining purposes involves conciliation services provided by the Department of Labour; mediation services provided by the Minister of Labour; and arbitration provided by ad hoc tribunals appointed pursuant to the Registration, Status and Recognition of Trade Unions and Employers Organizations Act. The Committee requests the Government to provide details of any internal rules or regulations relating to the three components of the conciliation and arbitration machinery for collective bargaining purposes.
Article 7. Noting that the Government has indicated that there are no measures to promote the development of collective bargaining, the Committee invites the Government to consider undertaking consultations with workers’ and employers’ organizations with the aim of reaching agreement on measures (including but not limited to circulars, seminars, publications and incentives) to encourage and promote the development of collective bargaining.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1 of the Convention. The Committee noted the information provided by the Government that in practice workers in the protective services, which comprise fire service and prison officers, have exercised their right to bargain. It further noted that the Government indicates that, apart from those workers, the Convention applies to all workers in general. In this regard, the Committee recalls that the Convention applies to workers in the fire services and prison officers and accordingly requests the Government to take the necessary measures to amend the legislation to accord with the existing practice in relation to fire service workers and prison officers so as to ensure that they are able to enjoy formal rights to collective bargaining as guaranteed by the Convention.
Article 6. The Committee noted the information provided by the Government indicating that the framework of conciliation and arbitration machinery for collective bargaining purposes involves conciliation services provided by the Department of Labour; mediation services provided by the Minister of Labour; and arbitration provided by ad hoc tribunals appointed pursuant to the Registration, Status and Recognition of Trade Unions and Employers Organizations Act. The Committee requests the Government to provide details of any internal rules or regulations relating to the three components of the conciliation and arbitration machinery for collective bargaining purposes.
Article 7. Noting that the Government has indicated that there are no measures to promote the development of collective bargaining, the Committee invites the Government to consider undertaking consultations with workers’ and employers’ organizations with the aim of reaching agreement on measures (including but not limited to circulars, seminars, publications and incentives) to encourage and promote the development of collective bargaining.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1 of the Convention. The Committee noted the information provided by the Government that in practice workers in the protective services, which comprise fire service and prison officers, have exercised their right to bargain. It further noted that the Government indicates that, apart from those workers, the Convention applies to all workers in general. In this regard, the Committee recalls that the Convention applies to workers in the fire services and prison officers and accordingly requests the Government to take the necessary measures to amend the legislation to accord with the existing practice in relation to fire service workers and prison officers so as to ensure that they are able to enjoy formal rights to collective bargaining as guaranteed by the Convention.
Article 6. The Committee noted the information provided by the Government indicating that the framework of conciliation and arbitration machinery for collective bargaining purposes involves conciliation services provided by the Department of Labour; mediation services provided by the Minister of Labour; and arbitration provided by ad hoc tribunals appointed pursuant to the Registration, Status and Recognition of Trade Unions and Employers Organizations Act. The Committee requests the Government to provide details of any internal rules or regulations relating to the three components of the conciliation and arbitration machinery for collective bargaining purposes.
Article 7. Noting that the Government has indicated that there are no measures to promote the development of collective bargaining, the Committee invites the Government to consider undertaking consultations with workers’ and employers’ organizations with the aim of reaching agreement on measures (including but not limited to circulars, seminars, publications and incentives) to encourage and promote the development of collective bargaining.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Repetition
Article 1 of the Convention. The Committee noted the information provided by the Government that in practice workers in the protective services, which comprise fire service and prison officers, have exercised their right to bargain. It further notes that the Government indicates that, apart from those workers, the Convention applies to all workers in general. In this regard, the Committee recalls that the Convention applies to workers in the fire services and prison officers and accordingly requests the Government to take the necessary measures to amend the legislation to accord with the existing practice in relation to fire service workers and prison officers so as to ensure that they are able to enjoy formal rights to collective bargaining as guaranteed by the Convention.
Article 6. The Committee noted the information provided by the Government indicating that the framework of conciliation and arbitration machinery for collective bargaining purposes involves conciliation services provided by the Department of Labour; mediation services provided by the Minister of Labour; and arbitration provided by ad hoc tribunals appointed pursuant to the Registration, Status and Recognition of Trade Unions and Employers Organizations Act. The Committee requests the Government to provide details, in its next report, of any internal rules or regulations relating to the three components of the conciliation and arbitration machinery for collective bargaining purposes.
Article 7. Noting that the Government has indicated that there are no measures to promote the development of collective bargaining, the Committee invites the Government to consider undertaking consultations with workers’ and employers’ organizations with the aim of reaching agreement on measures (including but not limited to circulars, seminars, publications and incentives) to encourage and promote the development of collective bargaining.

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The Committee notes that, according to the Government’s report in response to its previous request for information, the matters subject to collective bargaining include general conditions of employment as well as other matters that may affect employees’ welfare, such as rates of pay, job description, hours of work, overtime, allowances, transportation, annual and other leave payments. It further notes the information provided by the Government that statistics on the number of workers covered by such agreements were not available, and that 27 collective agreements were signed in 2008 in the manufacturing, electricity and water, wholesale and retail trade, restaurants and hotels, financing, insurance and services industries.

Article 1 of the Convention. The Committee notes the information provided by the Government that in practice workers in the protective services, which comprise fire service and prison officers, have exercised their right to bargain. It further notes that the Government indicates that, apart from those workers, the Convention applies to all workers in general. In this regard, the Committee recalls that the Convention applies to workers in the fire services and prison officers and accordingly requests the Government to take the necessary measures to amend the legislation to accord with the existing practice in relation to fire service workers and prison officers so as to ensure that they are able to enjoy formal rights to collective bargaining as guaranteed by the Convention.

Article 6. The Committee notes the information provided by the Government indicating that the framework of conciliation and arbitration machinery for collective bargaining purposes involves conciliation services provided by the Department of Labour; mediation services provided by the Minister of Labour; and arbitration provided by ad hoc tribunals appointed pursuant to the Registration, Status and Recognition of Trade Unions and Employers Organizations Act. The Committee requests the Government to provide details, in its next report, of any internal rules or regulations relating to the three components of the conciliation and arbitration machinery for collective bargaining purposes.

Article 7. Noting that the Government has indicated that there are no measures to promote the development of collective bargaining, the Committee invites the Government to consider undertaking consultations with workers’ and employers’ organizations with the aim of reaching agreement on measures (including but not limited to circulars, seminars, publications and incentives) to encourage and promote the development of collective bargaining.

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The Committee takes note of the first report sent by the Government.

1. Article 1 of the Convention. The Committee notes that the “protective services” – which comprise the fire services and the prison officers – are excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act 1999. The Committee recalls that these categories of workers are covered by the Convention and requests the Government to provide information, in its next report, on their rights. On a more general basis, the Committee requests the Government to indicate if the provisions of the Convention are applicable to all categories of workers and, if this is not the case, to provide information on the categories of workers that are excluded from its application. If specific provisions are applicable to the public service, please provide the relevant texts.

2. Article 2. The Committee requests the Government to indicate the matters which, according to the legislation or the practice, can be the subject of collective bargaining.

3. Article 6. The Committee requests the Government to provide information on the available framework of conciliation and/or arbitration machinery or institutions for collective bargaining purposes.

4. Article 7. The Committee requests the Government to indicate any measures taken by the public authorities to encourage and promote the development of collective bargaining (circulars, seminars, publications, incentives, etc.). The Government is requested to specify if and how the measures taken have been the subject of prior consultations and agreement between the public authorities and workers’ and employers’ organizations.

5. Application of the Convention. The Committee requests the Government to provide information in its next report on the number of collective agreements signed, the economic sectors concerned, the number of workers covered and matters dealt with by such agreements.

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