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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Anguilla

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Previous comment

Legislative framework. In its previous comment, the Committee requested the Government to provide information on the adoption of the Labour Code Bill. The Committee notes the Government’s indications that the Bill was not taken before the House of Assembly. Rather, the Labour Code was split into three instalments to address employment relations in further detail than what was previously encompassed in the draft law. The first instalment, the Labour Relations Act, 2018, was enacted in early 2019, whilst the second instalment pertaining to welfare, health, and safety is currently under review. According to the Government, the final instalment of the Code, dealing with trade unions and collective bargaining, is currently on the Ministry of Home Affairs legislative agenda for a first reading in late 2023. Recalling its previous comments with respect to the need to ensure that the threshold of representativeness to designate an exclusive agent for the purpose of negotiating collective agreements do not constitute an obstacle to the promotion of free and voluntary collective bargaining in practice, the Committee trusts that the adoption of the third instalment of the Labour Code will give full effect to the Convention and requests the Government to provide information on its adoption.

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Legislative framework. The Committee takes due note of the Government’s indication that a Bill for Labour Code has been introduced to the Anguilla House of Assembly in January 2018 and that the abovementioned legislation is expected to come to force in 2019, once it undergoes its second and third reading in the House of Assembly. The Committee welcomes the fact that, according to section 33(d) of the Bill, the Code shall be interpreted, as far as practicable, in a manner that is consistent with the Convention. The Committee also notes that part 16 of the Bill that refers to trade union and employers’ organizations contains specific provisions that address the different subjects covered by the Convention. Observing that the application for recognition as a bargaining agent set in the Bill may require the support of a majority of workers from the bargaining unit, the Committee recalls that the determination of the threshold of representativeness to designate an exclusive agent for the purpose of negotiating collective agreements which are destined to be applied to all workers in a sector or establishment is compatible with the Convention in so far as the required conditions do not constitute an obstacle to the promotion of free and voluntary collective bargaining in practice. In this regard, the Committee considers that if no union in a specific negotiating unit meets the required threshold of representativeness to be able to negotiate on behalf of all workers, minority trade unions should be able to negotiate, jointly or separately, at least on behalf of their own members. The Committee trusts that the adoption of the Bill for Labour Code will give full effect to the Convention and recalls that the Government may avail itself of the technical assistance of the Office. The Committee requests the Government to provide information on the adoption of the Bill.

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Articles 1, 2, 3 and 4 of the Convention. In its previous comments, the Committee had noted that according to the Government, the Convention is applied through the Anguilla Constitution Order, the Trade Unions Act, Chapter T35 of the Revised Statutes of Anguilla and the Fair Labour Standards Act. The Committee had requested the Government to provide copies of the said laws in its next report. Noting that the said laws were not provided with the Government’s report, the Committee once again requests the Government to provide a copy of the abovementioned laws.

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Articles 1, 2, 3 and 4 of the Convention. The Committee notes that, according to the Government, the Convention is applied through the Anguilla Constitution Order, the Trade Unions Act, Chapter T35 of the Revised Statutes of Anguilla and the Fair Labour Standards Act. The Committee requests the Government to provide copies of the said laws in its next report.