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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Saint Vincent and the Grenadines (RATIFICATION: 1998)

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The Committee notes the Government’s indication that following a series of consultations with the social partners, a revised Labour Relations Bill (LRB) is before the Cabinet. According to the Government, the revised Bill, once enacted, will repeal the Trade Unions Act, 1950.
Scope of the Convention. The Government takes note that the LRB excludes from its scope of application workers who do not have an employment contract (section 2(1)). Recalling that, with the only possible exceptions set in Articles 5 and 6 of the Convention (armed forces, police and public servants engaged in the administration of the State), the Convention covers all workers, the Committee requests the Government to amend the bill to ensure that the legislation is applicable to all workers irrespective of their contractual status, including independent and outsourced workers and workers without employment contract.
Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comment, the Committee expressed its hope that the revision of the LRB would lead to the adoption of a legislation providing protection for workers’ and employers’ organizations against acts of interference by each other, protection against acts of anti-union discrimination, as well as encouraging collective bargaining in the public and private sectors.
The Committee welcomes sections 7 and 8 of the Bill which respectively pertain to the protection against acts of anti-union discrimination and the protection against acts of interference by employers. The Committee notes that both sections mention sanctions in the event of a violation of those protections. Welcoming both sections of the revised LRB, the Committee requests the Government to provide information on whether the anti-union nature of dismissal or any other act by the employer also result in the reinstatement of the worker in the conditions of work or employment applicable prior to the anti-union act.
Article 4. Promotion of collective bargaining. The Committee welcomes Parts III and IV of the Bill which highlight the duty of parties to negotiate in good faith, as well as the enforceability of collective agreements. The Committee notes that, pursuant to section 27(1), a trade union claiming to have the majority of union members in good standing (members who have complied with all their obligations with regard to their union) belonging to a bargaining unit may submit an application to the Tripartite Body to obtain certification as the exclusive bargaining agent of the bargaining unit. It further notes the absence of a provision regulating the case that no organization holds the necessary majority to be certified as the exclusive bargaining agent of the bargaining unit. The Committee requests the Government to provide information on collective bargaining rights of minority unions where no union meets the requirements to become the exclusive bargaining agent.
Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the actions taken to promote collective bargaining both in the public and private sectors. The Committee further requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned, and the number of workers covered by these agreements.
The Committee expects that the LRB will soon be adopted and that the present comments will be taken into account so that it gives full effect to the Convention. The Committee requests the Government to provide information on any progress made in this regard.

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Legislative matters. In its previous comments, the Committee requested the Government to include in the legislation provisions which provide protection against acts of anti-union discrimination and interference by the employer and employers’ organizations in workers’ organizations (and vice versa) and which encourage collective bargaining in the public and private sectors. The Committee notes the Government’s indication that no changes have been made to the legislation and that given the length of time elapsed since the last series of legislative consultations, it has become necessary to begin the process anew. It further notes the Government’s indication that it has received funds from an international financial institution in order to undertake, in consultation with the social partners, the revision of the Labour Relations Bill, and that this process will, among others, include the comments raised by the Commission. Recalling that its comments in this respect date back to 2001, the Committee firmly hopes that the revision of the Labour Relations Bill will soon lead to the adoption of a legislation that will give full effect to the Convention. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.

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Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comments, the Committee had requested the Government to take measures to include in the legislation provisions which provide protection against acts of anti-union discrimination and interference by the employer or employers’ organizations in workers’ organizations (and vice versa) and which encourage collective bargaining in the private and public sectors (with the sole possible exception of public servants engaged in the administration of the State). The Committee had noted that a new Labour Relations Bill was awaiting the Cabinet’s approval and that this Bill included provisions against trade union discrimination and interference by employers’ and workers’ organizations. In this regard, the Committee had recalled that the provisions should not only include protection against trade union discrimination and interference by employers’ and workers’ organizations, but also by the employer or any person acting on behalf of that employer. The Committee subsequently noted that: (i) the Government expressed gratitude to the ILO for providing technical comments on the Labour Relations Bill; (ii) copies of the ILO’s memorandum of technical comments were submitted to the respective employers’ and workers’ organizations for their consideration and adoption; (iii) the provisions of the revised Bill were expected to address the issues that are of concern to the ILO; and (iv) the Government had initiated a series of consultations with the new leadership of the respective social partners. The Committee expressed the hope that the revised Labour Relations Bill would address the abovementioned issues and would ensure full conformity with the Convention.
The Committee notes that the Government reports that: (i) no changes have occurred with respect to legislation or practice affecting the application of the Convention; (ii) there has been no new development with regard to the ongoing consultation in respect of the proposed Labour Relations Bill, which is intended to replace the existing Trade Union Act; and (iii) the Government continues to remain hopeful that the new Bill will be adopted in the near future.
The Committee firmly hopes that the Government will continue the consultation with the social partners and that the Labour Relations Bill will be adopted in the near future and will address the abovementioned issues. The Committee requests the Government to provide information on any progress made in this regard.

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Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comments, the Committee had requested the Government to take measures to include in the legislation provisions which provide protection against acts of anti-union discrimination and interference by the employer or employers’ organizations in workers’ organizations (and vice versa) and which encourage collective bargaining in the private and public sectors (with the sole possible exception of public servants engaged in the administration of the State). The Committee had noted that a new Labour Relations Bill was awaiting Cabinet’s approval and that this Bill includes provisions against trade union discrimination and interference by respective employers’ and workers’ organizations. In this regard, the Committee recalled that the provisions should not only include protection against trade union discrimination and interference by respective employers’ and workers’ organizations, but also by the employer or any person acting on behalf of that employer.
The Committee notes that the Government expresses its gratitude in its report to the ILO for providing technical comments on the Bill amending the Labour Relations Act, 2001. The Committee further notes that the Government indicates that: (1) copies of the ILO’s memorandum of technical comments were submitted to the respective employers’ and workers’ organizations for their consideration and adoption; (2) the provisions of the revised Bill are expected to address the issues that are of concern to the ILO; and (3) it has initiated a series of consultations with the new leadership of the respective social partners.
The Committee hopes that the revised Labour Relations Bill will address the abovementioned issues and ensure full conformity with the Convention and requests the Government to provide information in its next report on any progress made in this regard.

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Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comments, the Committee had requested the Government to take measures to include in the legislation provisions which provide protection against acts of anti-union discrimination and interference by the employer or employers’ organizations in workers’ organizations (and vice versa) and which encourage collective bargaining in the private and public sectors (with the sole possible exception of public servants engaged in the administration of the State). The Committee had noted that a new Labour Relations Bill was awaiting Cabinet’s approval. The Committee notes from the Government’s report that: (i) due to an absence of a functioning tripartite committee for the past two years and the request made by the St-Vincent Employer’s Federation for further consultation on the draft Labour Relations Bill, the Government deferred taking any action until these matters have been appropriately addressed; (ii) the tripartite committee has now been reactivated and a series of consultations will be held during the remainder of this year; and (iii) the draft Labour Relations Bill does in fact include provisions against trade union discrimination and interference by respective employers’ and workers’ organizations. In this regard, the Committee recalls that the provisions should not only include protection against trade union discrimination and interference by respective employers’ and workers’ organizations, but also by the employer or any person acting on behalf of that employer.

The Committee notes that the ILO’s memorandum of technical comments on the new Bill amending the Labour Relations Act, 2001, was transmitted to the Government in March 2010.

The Committee hopes that the new Labour Relations Bill will address the abovementioned issues and ensure the full conformity with the Convention and once again requests the Government to indicate the progress made in this regard.

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Articles 1 and 2 of the Convention. In its previous direct request, the Committee had requested the Government to take measures to include in the legislation provisions which provide protection against acts of anti-union discrimination and interference by the employer or employers’ organizations in workers’ organizations (and vice versa) and which encourage collective bargaining in the private and public sectors (with the sole possible exception of public servants engaged in the administration of the State).

The Committee had noted that, according to the previous report of the Government: (i) the Committee’s concerns about the shortcomings of the legislation have been drawn to the attention of the competent authority; and (ii) concerning collective bargaining, it is the practice of most of the trade unions.

The Committee notes the Government’s latest report reiterating that a new Labour Relations Bill is presently awaiting Cabinet’s approval. The Committee hopes that the said Bill will address the abovementioned issues, and requests the Government to indicate the progress made in this regard.

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The Committee notes the Government’s report.

In its previous direct request, the Committee had requested the Government to take measures to include in the legislation provisions which provide protection against acts of anti-union discrimination and interference by the employer or employers’ organizations in workers’ organizations (and vice versa) and which encourage collective bargaining in the private and public sectors (with the sole possible exception of public servants engaged in the administration of the State).

The Committee notes that, according to the report of the Government, the Committee’s concerns about the shortcomings of the legislation have been drawn to the attention of the competent authority; concerning collective bargaining, it is the practice of most of the trade unions.

The Committee notes the Government’s statement, according to which a new Labour Relations Bill is presently awaiting Cabinet’s approval. The Committee hopes that the said Bill will address the abovementioned issues, and requests the Government to keep it informed in this respect and hopes to be able to note progress in the near future.

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The Committee notes the Government’s report.

In its previous direct request, the Committee had requested the Government to take measures to include in the legislation provisions which provide protection against acts of anti-union discrimination and interference by the employer or employers’ organizations in workers’ organizations (and vice versa) and which encourage collective bargaining in the private and public sectors (with the sole possible exception of public servants engaged in the administration of the State).

The Committee notes the Government’s indication that although there are no specific regulations in place, section 11 of the Constitution provides some degree of protection of freedom of assembly and association.

It also notes that according to the Government, the Committee’s concerns about the shortcomings of the legislation will be brought to the attention of the competent authority.

The Committee requests the Government to keep it informed of any measures taken in this respect and hopes to be able to note progress in the near future.

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The Committee notes the Government’s report and particularly the fact that: (1) there are no provisions providing protection against anti-union discrimination; (2) trade unions guarantee protection against acts of interference; and (3) no machinery has been established to give effect to Articles 3 and 4 of the Convention.

The Committee concludes that the legislation is not in conformity with any of the provisions of the Convention and requests the Government to take measures to include in the legislation provisions which provide protection against acts of anti-union discrimination and interference by the employer or employers’ organizations in workers’ organizations (and vice versa) and which encourage collective bargaining in the private and public sectors (with the sole possible exception of public servants engaged in the administration of the State).

The Committee requests the Government to keep it informed of any measures taken in this respect and hopes to be able to note progress in the near future. Finally, the Committee requests the Government to provide a copy of the full text of the Trade Union Act.

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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 direct request, which read as follows:

The Committee asks the Government to provide additional information on the following points.

  Article 1 of the Convention. Protection against anti-union discrimination. The Committee notes the information supplied in the Government’s report to the effect that workers have no protection against acts of anti-union discrimination. The Committee recalls that national legislation should contain specific provisions to protect workers against acts of anti-union discrimination both at the time of taking up employment and in the course of employment. Such provisions should be coupled with effective and expeditious procedures and with sufficiently dissuasive sanctions (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 203 and 224). The Committee therefore asks the Government to take steps to amend its legislation to that end.

  Article 2. The Committee notes that, according to the Government, the Trade Union Act guarantees protection against acts of interference in trade unions. The Committee asks the Government to send a copy of the above Act and to indicate the relevant provisions.

  Articles 3 and 4. The Committee asks the Government to send a copy of any law or legislative provisions concerning collective bargaining in the public sector (including the civil service) and the private sector. The Committee notes the information supplied in the Government’s report that 21 collective agreements have been registered and are functioning. The Committee asks the Government to provide additional information on the above agreements (categories and number of workers covered, institutions and enterprises covered, etc.).

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The Committee notes the Government’s first report with interest. It nonetheless asks the Government to provide additional information on the following points.

Article 1 of the Convention. Protection against anti-union discrimination.  The Committee notes the information supplied in the Government’s report to the effect that workers have no protection against acts of anti-union discrimination. The Committee recalls that national legislation should contain specific provisions to protect workers against acts of anti-union discrimination both at the time of taking up employment and in the course of employment. Such provisions should be coupled with effective and expeditious procedures and with sufficiently dissuasive sanctions (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 203 and 224). The Committee therefore asks the Government to take steps to amend its legislation to that end.

Article 2.  The Committee notes that, according to the Government’s report, the Trade Union Act guarantees protection against acts of interference in trade unions. The Committee asks the Government to send a copy of the above Act and to indicate the relevant provisions.

Articles 3 and 4.  The Committee asks the Government to send a copy of any law or legislative provisions concerning collective bargaining in the public sector (including the civil service) and the private sector. The Committee notes the information supplied in the Government’s report that 21 collective agreements have been registered and are functioning. The Committee asks the Government to provide additional information on the above agreements (categories and number of workers covered, institutions and enterprises covered, etc.).

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