Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the Government's report.

Article 2 of the Convention. The Committee notes that the Industrial Relations Act of 1996 contains no provisions providing protection to workers' organizations against acts of interference by employers or their organizations. The Committee recalls that countries which have ratified the Convention are under the obligation to take specific action, in particular through legislative means, to ensure respect for the guarantees laid down in Article 2 (see 1994 General Survey on freedom of association and collective bargaining, paragraph 230). The Committee therefore requests the Government to ensure that provisions, accompanied by effective and sufficiently dissuasive sanctions, are adopted which guarantee the adequate protection of workers' organizations against acts of interference in their establishment, functioning or administration and in particular against acts which are designed to promote the establishment of workers' organizations under the domination of employers' organizations, or to support workers' organizations by financial or other means, with the object of placing such organizations under the control of employers or employers' organizations. The Committee requests the Government to keep it informed of any progress made in this regard.

Article 4. The Committee requests the Government to indicate whether under section 53-B of the Industrial Relations (Amendment) Act of 1996 the industrial tribunal has the jurisdiction to hear disputes within a non-essential service referred with the consent of both parties or whether the consent of one party is sufficient.