Observación (CEACR) - Adopción: 1997, Publicación: 86ª reunión CIT (1998)

The Committee takes due note of the information provided by the Government in its report.

The Committee recalls that in previous comments it referred to the lack of collective agreements in export processing zones. In this respect, it notes the information provided by the Government indicating that eight new collective agreements have been concluded in such zones.

Furthermore, the Committee also referred to the requirement for an absolute majority of workers in an enterprise or of workers employed in a particular branch of activity to be represented in order for a trade union to be able to bargain collectively (sections 109 and 110 of the Labour Code). The Committee observes that in its report the Government states, with reference to comments made previously by the National Union of Agricultural Workers of Sugar Plantations concerning the refusal of the State Sugar Board to negotiate a collective agreement, that the refusal is based on the fact that an absolute majority of the workers in the enterprise is not represented in the trade union in question for the purposes of negotiating a collective agreement.

In this respect, the Committee considers that the requirement for an absolute majority of workers in an enterprise or branch of activity to be represented, in order for a trade union to be able to bargain collectively, is excessive and, in many cases, may constitute an obstacle to collective bargaining or even make it impossible. The Committee requests the Government to take the measures necessary to amend the provisions of the Labour Code, in order to encourage and promote free collective bargaining, by reducing the majority required for negotiations, or at least by allowing a sufficiently representative minority union to conclude collective agreements on behalf of it members.