Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Anguilla

Other comments on C098

Direct Request

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Legislative framework. In its previous comment, the Committee requested the Government to provide information on the adoption of the Labour Code Bill. The Committee notes the Government’s indications that the Bill was not taken before the House of Assembly. Rather, the Labour Code was split into three instalments to address employment relations in further detail than what was previously encompassed in the draft law. The first instalment, the Labour Relations Act, 2018, was enacted in early 2019, whilst the second instalment pertaining to welfare, health, and safety is currently under review. According to the Government, the final instalment of the Code, dealing with trade unions and collective bargaining, is currently on the Ministry of Home Affairs legislative agenda for a first reading in late 2023. Recalling its previous comments with respect to the need to ensure that the threshold of representativeness to designate an exclusive agent for the purpose of negotiating collective agreements do not constitute an obstacle to the promotion of free and voluntary collective bargaining in practice, the Committee trusts that the adoption of the third instalment of the Labour Code will give full effect to the Convention and requests the Government to provide information on its adoption.