Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Vanuatu (Ratification: 2006)

Other comments on C098

Direct Request

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The Committee notes the Government’s first report and observes that a number of legislative provisions raise certain issues of compatibility with the Convention.

Articles 1, 2 and 3 of the Convention. Adequate protection against anti-union discrimination and acts of interference. The Committee notes that, although the Trade Unions Act (TUA) affords certain protection against anti-union discrimination and penalizes conditions of employment that impose or prohibit membership in a trade union, as well as unlawful means to interfere with a decision to join a union (sections 52 and 53 of the TUA), the legislation does not protect against acts calculated to cause the dismissal of, or otherwise prejudice, a worker (for example, through transfer, relocation, demotion, withdrawal of benefits or other restrictions) by reason of union membership or because of participation in union activities. Similarly, the Committee considers that protection against interference should be further complemented, in particular to cover acts aiming to place workers’ organizations under the control of employers or employers’ organizations by financial or other means. Noting that the sanctions provided in the TUA only address certain acts interfering with the decision to join a union, and lacking further information on national machinery to ensure respect for the right to organize, the Committee underlines that the legislation should afford effective procedures and dissuasive sanctions to prevent and redress all acts of anti-union discrimination and to protect employers’ and workers’ organizations against interference by each other.

Article 4. Collective bargaining. The Committee observes that the legislation does not contain provisions relating to collective bargaining in the public or private sectors. The Committee emphasizes the importance for the legislation to recognize the principle of free and voluntary collective bargaining and to set out measures to promote its utilization. The Committee recalls that this principle does not only apply to first-level organizations but also to federations and confederations. It also recalls that, while measures to promote collective bargaining may include conciliation, mediation and voluntary arbitration, compulsory arbitration is only admissible: (i) in relation to public servants engaged in the administration of the State (Article 6 of the Convention); (ii) in essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; and (iii) in the event of acute national crisis. The Committee emphasizes the need to promote collective bargaining in the different sectors and, to that end, the need to adopt all necessary measures to regulate and promote collective bargaining in the country.

Articles 5 and 6. Scope of the Convention. The Committee notes that prison service is excluded from the application of the TUA (section 55) and thus unduly deprived from the guarantees set out in the Convention.

Draft Employment Relations Bill (ERB). The Committee welcomes that the draft ERB contains certain provisions to regulate collective bargaining and to give effect to the principle of negotiation in good faith. However, it notes that the draft ERB allows for compulsory arbitration beyond the situations stated in the previous paragraphs.

The Committee requests the Government to take all necessary measures to bring the legislation into conformity with the Convention taking into account the foregoing comments, and to supply information on relevant developments, and on national practices in giving effect to the obligations to protect against anti-union discrimination and interference and to promote collective bargaining, as well as a copy of the new legislation once adopted. The Committee expresses the hope that it will be able to note progress in the near future.

Application of the Convention in practice. The Committee requests the Government to provide statistical information on the number of collective agreements concluded, specifying the sectors and number of workers covered.