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Articles 2, 3 and 4 of the Convention. The Committee recalls that for several years it has been commenting upon several provisions of the Industrial Relations Act (IRA) concerning insufficient protection against acts of interference and restrictions on the right to bargain collectively. The Committee notes that, according to the information provided in the Government’s report, while a review of the IRA is highly envisaged, it will only be undertaken after the revision of the Employment Act, currently under review. The Government indicates that once the committee responsible to review the IRA is set up, the Committee’s observations will be brought to its attention for further action. The Committee therefore once again requests the Government to:
– adopt legislative provisions providing for protection against acts of interference by employers or their organizations into workers’ organizations, in particular, acts which are designed to promote the establishment of workers’ organizations under the domination or control by employers or employers’ organizations, coupled with effective and sufficiently dissuasive sanctions; and
– to amend its legislation so as to ensure that recourse to compulsory arbitration in cases where the parties do not reach an agreement through collective bargaining is permissible only in the context of essential services, in the strict sense of the term, and for civil servants engaged in the administration of the State.
The Committee expresses the hope that the Industrial Relations Act will soon be amended, taking into account previous comments by the Committee and requests the Government to indicate any progress in this respect.
Article 6. The Committee recalls that in its previous comments it had requested the Government to take the necessary measures so as to ensure that prison staff, excluded from the scope of the IRA are granted the right to bargain collectively. The Committee notes that no information has been provided by the Government in this respect. It therefore reiterates its previous request and once again asks the Government to indicate the measures taken or envisaged in this respect.
In its previous observation, the Committee had noted the Government’s wish to avail itself of the technical assistance of the Office with regard to the amendment of the IRA. The Committee trusts that the necessary technical assistance of the Office, requested by the Government, will be provided in the near future.
1. Articles 2, 3 and 4 of the Convention. The Committee recalls that in its previous direct request it had commented upon the Industrial Relations Act (IRA) and in this respect had requested the Government to:
In its report, the Government indicates that it had taken note of the issues raised by the Committee and that it will report on any changes in the legislation in this respect. The Committee once again requests the Government to amend the IRA so as to bring it into full conformity with the Convention and to indicate the measures taken or envisaged in this respect.
2. Approval of collective agreements. The Committee had previously noted that according to section 42(2) of the IRA, a collective agreement comes into force upon approval by the Minister. While the Committee had noted that the Minister could refuse to approve a collective agreement only if it did not comply with the IRA, and that such a refusal was subject to judicial review by the Supreme Court (section 42(4) and (6)), it had requested the Government to indicate whether there had been instances of refusal by the Minister to approve a collective labour agreement and to specify the grounds on which such decisions were taken. The Committee notes the Government’s indication that there have been no such cases.
3. Article 6 of the Convention. The Committee recalls that in its previous comments it had noted that members of the disciplinary forces were excluded from the scope of application of the IRA and requested the Government to indicate whether prison staff enjoyed the right to collective bargaining. The Committee notes from the Government’s report that prison personnel, as part of the disciplinary force, cannot participate in collective bargaining. The Committee recalls that the functions exercised by this category of worker should not justify their exclusion from the right to bargain collectively. It therefore requests the Government to take the necessary measures so as to ensure that prison staff are granted the right to bargain collectively. The Committee requests the Government to indicate the measures taken or envisaged in this respect.
The Committee has been informed that the Government has decided to avail itself of the ILO’s technical assistance towards bringing the national legislation into conformity with Convention No. 87 and hopes that the matters raised under Convention No. 98 will also be addressed on that occasion.
The Committee notes the Government’s report.
The Committee notes the Government’s comments concerning collective bargaining rights of public servants not engaged in the administration of the State. It notes that the Government reports that the Industrial Relations Act (IRA) applies to all persons except a member of the disciplinary force, a person in the service of the Republic who is not a public officer, or a person in the judicial service. The Committee also notes that the IRA does not apply to prison service. It therefore requests the Government to indicate whether prison staff enjoy the right to collective bargaining.
Articles 2 and 3 of the Convention. Acts of interference. The Committee had noted that there are no specific provisions in the IRA providing for protection against acts of interference. The Committee recalls that Article 2 of the Convention provides that employers’ and workers’ organizations shall enjoy adequate protection against any acts of interference by each other, including sufficiently rapid machinery and dissuasive sanctions against acts of interference by employers or their organizations into workers’ organizations, in particular, acts which are designed to promote the establishment of workers’ organizations under the domination or control by employees or employers’ organizations. It is important, therefore, to adopt specific measures, coupled with effective and sufficiently dissuasive sanctions, in order to ensure that the guarantees provided for in the Convention are respected. It requests the Government to adopt legislative provisions providing for protection against acts of interference coupled with effective and sufficiently dissuasive sanctions and to keep it informed in this respect.
Article 4 of the Convention. Collective agreements. The Committee had noted that, according to section 42(2) of the IRA, a collective agreement comes into force upon an approval by the Minister. While noting that the Minister can refuse to approve a collective agreement only if it does not comply with the IRA, and that such a refusal is subject to a judicial review by the Supreme Court (section 42(4) and (6)), the Committee requests the Government to indicate whether there have been instances of refusal by the Minister to approve a collective labour agreement and to specify grounds on which such decisions were taken.
The Committee further had noted that, while the legislation provides for a possibility for the parties to take the time they consider is needed to negotiate a collective agreement, either directly or through mediation, the legislation allows the authorities to refer the dispute for a compulsory arbitration at their own initiative if the parties cannot reach an agreement. While recalling that, in general, recourse to compulsory arbitration in cases where the parties do not reach an agreement through collective bargaining is permissible only in the context of essential services, in the strict sense of the term, and for civil servants engaged in the administration of the State, the Committee requests the Government to take measures to amend the legislation in order to put it into conformity with the requirements of the Convention.
The Committee requests the Government to consider concrete action in consultation with the most representative workers’ and employers’ organizations to introduce in the legislation the amendments requested.
The Committee notes the Government’s report. It further notes the Industrial Relations Act of 1993 (IRA) and wishes to raise in this respect the following points.
Scope of application of the Convention. The Committee notes that the IRA does not apply to prison service. It therefore requests the Government to indicate whether prison staff enjoys the right to collective bargaining.
Articles 2 and 3 of the Convention. The Committee notes that there are no specific provisions in the IRA providing for protection against acts of interference. The Committee recalls that Article 2 of Convention No. 98 provides that workers’ and employers’ organizations shall enjoy adequate protection against any acts of interference by each other. It is important, therefore, to adopt specific measures, coupled with effective and sufficiently dissuasive sanctions, in order to ensure that the guarantees provided for in the Convention are respected. It therefore requests the Government to adopt legislative provisions providing for protection against acts of interference coupled with effective and sufficiently dissuasive sanctions and keep it informed in this respect.
Article 4. The Committee notes that, according to section 42(2) of the IRA, a collective agreement comes into force upon an approval by the Minister. While noting that the Minister can refuse to approve a collective agreement only if it does not comply with the IRA and that such a refusal is subject to a judicial review by the Supreme Court (section 42(4) and (6)), the Committee requests the Government to indicate whether there have been instances of refusal by the Minister to approve a collective labour agreement and to specify grounds on which such decisions were taken.
The Committee further notes that, while the legislation provides for a possibility for the parties to take the time they consider is needed to negotiate a collective agreement either directly or through mediation, the legislation allows the authorities to refer the dispute for a compulsory arbitration at their own initiative if the parties cannot reach an agreement. While recalling that, in general, recourse to compulsory arbitration in cases where the parties do not reach an agreement though collective bargaining is permissible only in the context of essential services in the strict sense of the term and for civil servants engaged in the administration of the State, the Committee requests the Government to indicate the number of instances when a collective labour dispute was referred to the Industrial Relations Tribunal and the average time used by the parties to settle their dispute on their own or with the help of a mediator before the case is referred for compulsory arbitration.
On the issue of collective bargaining rights of public servants, the Committee notes the Government’s statement that the legislation grants to public servants the right to collective bargaining and refers to its comments made under Convention No. 151.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee requests the Government to provide copies of the legislative texts and administrative regulations mentioned in its report and to provide more detailed information on the collective bargaining rights of public servants not engaged in the administration of the State.
The Committee takes note of the Government’s first report.