Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information supplied by the Government in its report.

Article 1 of the Convention. In its last comments, the Committee had requested the Government to provide information on the nature of the remedies which may be ordered under section 84 for acts of anti-union discrimination against trade union officials and other workers’ representatives. In this respect, the Committee notes that the Government’s report indicates that the nature of orders for remedy vary depending on the type of acts of anti-union discrimination and can include measures for reinstatement, financial compensation and prevention or suspension of employers’ dominance over or in trade union activities, as well as dissuasive sanctions.

Article 2. In its last comments, the Committee had noted that sections 24(2), 81(4) and 90 of the Trade Union and Labour Regulations Adjustment Act (TULRAA) prohibit as an unfair labour practice the payment of wages by an employer to full-time trade union officials and requested the Government to take all necessary measures so as to amend those provisions in a way which allows the parties to collective bargaining to determine freely the issue of the payment of wages to full-time trade union officials. The Committee notes from the Government’s report that the "Research Committee on Advancement of Systems of Industrial Relations", set up in 2003 at the request of the Minister of Labour, considers that sections 24(2), 81(4) and 90 of the TULRAA are causing legal problems and suggested, as an alternative, to stipulate in the law the number of full-time union officials who are eligible to receive financial assistance from an employer and restrain the employer from paying wages to more full-time union officials than stipulated. The Committee also notes that the Government indicates that the Tripartite Commission is expected to have discussions on the suggestion made by the Research Committee and that, based on the results of that discussion, the Government will improve the labour laws and institutions. The Committee considers that the suggestion made by the Research Committee is in line with the Convention.

Article 5. In its last comments, the Committee had requested the Government to indicate whether, in cases where the trade union does not represent the majority of workers in a unit, trade union officials have a right to stand for election as worker members of the Labour-Management Council. In this regard, the Committee notes from the Government’s report that section 3(2) of the Enforcement Decree of the Act concerning the promotion of worker participation and cooperation states that anyone who has been recommended by ten or more workers of the workplace where he/she works can run as a candidate for worker member of the Labour-Management Council.