Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Jamaica (Ratification: 1962)

Other comments on C087

Observation

Direct Request

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The Committee notes the observations of the Jamaica Confederation of Trade Unions (JCTU) and the Jamaica Employers Federation (JEF), transmitted with the Government’s report, concerning issues addressed by the Committee below.

Article 3 of the Convention. Picketing. The Committee had previously noted that section 33(2) of the Trade Union Act (TUA) prohibits picketing for solidarity or sympathy reasons and had requested the Government to take the necessary measures to ensure that peaceful picketing in the context of sympathy and solidarity strikes is not subject to sanctions. The Committee notes the Government’s indication that the issue has not yet been reviewed and that consultations will be undertaken to determine the way forward. The Committee further notes the JCTU’s observation urging support for such peaceful picketing, and also the JEF’s observation that it is “comfortable with peaceful picketing at the business in question”. The Committee urges the Government to take the necessary measures, including revising section 33(2) of the TUA in consultation with the social partners, to ensure that peaceful picketing in the context of sympathy and solidarity strikes is not subject to Government intervention and sanctions. The Committee requests the Government to provide information on all measures undertaken in this regard.

Limitation of strike action. The Committee had encouraged the Government to continue exercising restraint in using sections 10 and 32 of the Labour Relations and Industrial Disputes Act (LRIDA), bearing in mind that other than essential services (i.e. services the interruption of which could endanger the life, personal safety or health of the whole or part of the population), the right to strike may only be restricted for public servants exercising authority in the name of the State, or in case of acute national crisis, but only for a limited period of time and to the extent necessary. The Committee notes with regret the Government’s indication that there have been no developments in this regard. The Committee notes the JCTU’s observations regarding its support for the amendment of the aforementioned sections. The Committee requests the Government to review these provisions in consultation with the social partners with a view to their possible amendment and to provide information on all developments in this regard.

Compulsory arbitration. The Committee had previously expressed concern at the lack of progress in amending sections 9, 10 and 11(A) of the LRIDA that confer extensive power to the Minister to refer any industrial dispute to arbitration. The Committee notes with regret the Government’s indication that there are no developments in this regard. The Committee urges the Government to take the necessary measures to amend sections 9, 10 and 11(A) of the LRIDA without delay so as to bring them into conformity with the Convention and requests the Government to indicate any developments in this regard.