Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It recalls that its previous comments related to the following points.

The Committee had recalled that sections 11A(1) and (2) and 11B of the Industrial Relations Ordinance (IRO), 1969, deny the rights of unregistered unions to function and to collect funds as well as the right of workers to belong to more than one trade union at a time.

Concerning the first issue raised by section 11A(1) and (2) of the IRO, the Committee had noted the Government’s indication that such restrictions are aimed to prevent trade union multiplicity and ensure protection of public money. While noting the Government’s indication that some flexibility must be ensured in order to permit newly formed organizations to collect membership dues necessary to their registration by virtue of section 6, the Committee had considered that these provisions might seriously hinder the creation of new organizations. Therefore, the Committee once again requests the Government to take the necessary measures to amend its legislation in order to ensure that such flexibility will not be applied in an arbitrary fashion and so as to ensure full conformity with the Convention.

Concerning the second issue regarding section 11B of the IRO, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that workers, who may be working in more than one job, may organize to defend their interests in their respective occupations.

Noting the indication in the Government’s report that the draft Labour Code has been finalized and is under the active consideration of the Government, the Committee trusts that the necessary measures will be taken in the near future to bring the legislation into conformity with the Convention on the abovementioned points. It requests the Government to keep it informed of all developments in this respect.