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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Anguilla

Other comments on C087

Direct Request

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Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The Committee had previously requested the Government to review the General Orders to remove all obstacles to the enjoyment of the right to freedom of association by casual employees in the public sector. The Committee notes with regret that according to the Government, the General Orders are still under review. The Committee urges the Government to take the necessary steps to expedite the review of the General Orders in consultation with the social partners and requests the Government to provide a copy thereof once amended.

Article 3. Right of organizations to organize their activities and formulate their programmes. The Committee had previously requested the Government to clarify whether a strike can be declared, regardless of the dispute being referred to the Tribunal, and to indicate in which circumstances the Minister may refer the dispute to the Tribunal. The Committee notes the Government’s indication that under the Labour (Relations) Act 2018 (LRA), which is the first instalment of the Labour Code, the Minister has been removed from the alternative dispute resolution process. If a matter is not resolved at the Labour Commissioner level, it is then referred to the Tribunal for the case to be heard pursuant to subsection 146(a) of the LRA. According to the Government, at the point of mediation at the Labour Commissioner level, if no resolution occurs and a request is made to forward the matter to the Tribunal, then employees would be encouraged to give the Tribunal a chance to handle the matter. While noting the Government’s additional indication that no provision forbids employees from exercising their right to strike following a referral of the matter to the Tribunal by the Commissioner, the Committee considers that recourse to compulsory arbitration to bring an end to a collective labour dispute and a strike is only acceptable under certain circumstances, namely: (i) when the two parties to the dispute so agree; or (ii) when the strike in question may be restricted, or even prohibited, that is: (a) in the case of disputes concerning public servants exercising authority in the name of the State; (b) in conflicts in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, but only for a limited period of time and to the extent necessary to meet the requirements of the situation (see the 2012 General Survey on the fundamental Conventions, paragraph 153). The Committee requests the Government to review the legislation in consultation with the social partners, so as to ensure fully the right of workers’ organizations to organize their activities and formulate their programmes. The Committee requests the Government to provide information on all steps taken to this effect.

Article 4. No dissolution or suspension of organizations by administrative authority. The Committee had requested the Government to indicate whether the appeal in cases of suspension, withdrawal or cancelation of an organization would have the effect of a stay execution (pursuant to sections 198(3) and 201(3) of the Labour Code Bill, 2018). The Committee notes the Government’s indication that, while it is assumed that an appeal to the Court would have the effect of a stay of execution during the above-mentioned situations, the third instalment of the Labour Code pertaining to trade unions and collective bargaining will not enter into force until late 2023. The Committee trusts that the third instalment of the Labour Code will give full effect to the Convention in this respect and requests the Government to provide a copy thereof once it has been adopted.