Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

In its previous comments, the Committee had referred to section 25 of the Industrial Relations Act (IRA) which governs collective agreements with terms more favourable than those provided in Part IV of the Employment Act. The Committee recalls that section 25 subjects employers and trade unions to seek approval from the Minister for Manpower if annual leave and sick leave benefits stipulated in their collective agreement are to be more favourable than that stated in Part IV of the Employment Act.

The Committee notes the Government’s statement that in practice, the Minister has not rejected any application to grant better leave benefits under this provision. However, the Government is currently undertaking a review of other provisions of the IRA and the removal of section 25 would be taken up together with amendments to other provisions of the IRA.

The Committee once again trusts that the Government will take appropriate steps to repeal section 25 of the IRA in the near future so as to ensure that the right to bargain collectively is fully recognized in newly established enterprises. It requests the Government to keep it informed of any measures taken in this regard.