Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Workers' Representatives Convention, 1971 (No. 135) - Aruba

Other comments on C135

Observation

Direct Request

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Article 1 of the Convention. In its previous comments, the Committee had expressed the hope that the future legislation would be in accordance with the provisions of the Convention concerning the protection of workers’ representatives (which – the Government had indicated – was left to the collective agreements). The Committee notes that according to the Government, the new section 1615h of the Civil Code prohibits the termination of the labour relation due to a worker’s affiliation to, or membership of, a worker’s representative organization or due to his/her engaging in activities for the same, unless these activities are performed during working hours without the employer’s permission. The Committee requests the Government to indicate the legal sanctions and remedies applicable in case of infringements of section 1615h of the Civil Code.

Article 2. In its previous comments, the Committee had requested the Government to indicate the measures taken to formalize some facilities concerning the access of the trade union leaders to the workplace of the employer and the distribution of union materials in the private sector. The Committee notes the Government’s indication that it will review its rules and regulations to evaluate how and in what form potential revisions may be effectuated. Recalling that according to Article 2 of the Convention facilities in the undertakings shall be afforded to workers’ representatives as may be appropriate in order to enable them to carry out their functions promptly and efficiently, the Committee requests the Government to provide information on any measures taken in this respect.