Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Other comments on C087

Observation

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Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programmes. The Committee recalls that since 2008 it has been requesting the Government to review the provisions of the Employment Relations Law (ERL) and its codes of practice regulating the exercise of the right to strike (right to secondary action and social and economic protests – see section 20(3) of the ERL and Code 2; picketing – Code 2; compulsory arbitration – sections 22 and 24 of the ERL and Code 3; essential services – Code 2; and conditions for protected industrial action and the application by the courts of sections 3 and 20(2) of the ERL and Code 3). The Committee regrets to note that the Government merely reiterates the information it had previously provided, and in particular, that a review of the ERL will be undertaken when resources allow, subject to the position of the Minister for Social Security, appointed in 2022, and that any such review will take into account the Committee’s previous comments. The Government once again expresses the hope that it will be able to report on progress in its next report. The Committee notes with regret the continuing absence of measures to address the issues raised for over a decade by the Committee. In these circumstances, the Committee reiterates its request and expects that the ERL and its codes of practice will be amended in consultation with the social partners without further delay. The Committee requests the Government to provide information on all progress made in this respect.