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

Repetition

The Committee recalls that it had previously observed that a number of legislative provisions raised certain issues of compatibility with the Convention.

Articles 1, 2 and 3 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its previous comments, the Committee had noted that, although the Trade Unions Act (TUA) affords certain protection against anti-union discrimination and penalizes conditions of employment that impose or prohibit membership in a trade union, as well as unlawful means to interfere with a decision to join a union (sections 52 and 53 of the TUA), the legislation did not protect against acts calculated to cause the dismissal of, or otherwise prejudice, a worker (for example, through transfer, relocation, demotion, withdrawal of benefits or other restrictions) by reason of union membership or because of participation in union activities. Similarly, the Committee had considered that protection against interference should be further complemented, in particular to cover acts aiming to place workers’ organizations under the control of employers or employers’ organizations by financial or other means. Noting that the sanctions provided in the TUA only address certain acts interfering with the decision to join a union, and lacking further information on national machinery to ensure respect for the right to organize, the Committee had underlined that the legislation should afford effective procedures and dissuasive sanctions to prevent and redress all acts of anti-union discrimination and to protect employers’ and workers’ organizations against interference by each other. While noting the Government’s indication that section 50 of the Employment Act protects employees that join trade unions, the Committee observes that the Government’s reply does not fully address the issues raised by the Committee. Therefore, the Committee requests once again the Government to take all the necessary measures to bring the legislation into conformity with the Convention and give full effect to the obligation to protect against anti-union discrimination and interference. The Committee requests the Government to provide information in this regard.

Article 4. Promotion of collective bargaining. The Committee had previously observed that the legislation does not contain provisions relating to collective bargaining in the public and private sectors. The Committee had emphasized the importance for the legislation to recognize the principle of free and voluntary collective bargaining and to set out measures to promote its utilization, and the need to promote collective bargaining in the different sectors. To that end, the Committee had requested the Government to take the necessary measures to regulate and promote collective bargaining in the country and provide any information on any developments in this regard. The Committee notes the Government’s indication that this issue will be discussed in the next Tripartite Labour Advisory Council and requests the Government to provide information on any developments in this regard.

Articles 5 and 6. Scope of the Convention. The Committee had noted that prison service is excluded from the application of the TUA (section 55) and thus unduly deprived from the guarantees set out in the Convention. In this regard, the Committee notes the Government’s indication that there is no prison service in the country and future meetings at the TLAC will discuss the deletion of the term from the TUA. The Committee welcomes the Government’s indication that it is considering deleting the term “prison” from the exclusions to the scope of application of the TUA. The Committee requests the Government to provide information on any development in this regard.

Draft Employment Relations Bill (ERB). The Committee has previously welcomed that the draft ERB contained certain provisions to regulate collective bargaining and to give effect to the principle of negotiation in good faith. However, it notes that the Government’s indication that in February 2016 the TLAC agreed not to pursue further the ERB on the basis of disagreements expressed by the social partners at the TLAC meeting. Notably, the Government indicates that both the Vanuatu Chamber of Commerce and the Vanuatu Council of Trade Unions proposed that instead the Employment Act, the TUA and the Trade Disputes Act should be revised, incorporating the necessary provision to bring the legislation into conformity with the Convention. The Committee trusts that in revising the existing employment legislation the Government will take all the necessary measures to bring the legislation into conformity with the Convention and it requests the Government to provide further information on any developments in this regard.

Application of the Convention in practice. The Committee had requested the Government to provide statistical information on the number of collective agreements concluded, specifying the sectors and number of workers covered. The Committee takes due note of the Government’s indication that five collective agreements were concluded by five different workers’ organizations. The Committee requests the Government to provide further details on the sectors concerned and the number of workers covered by these five agreements and, more generally, to keep providing updated information on the collective bargaining practice in the country.