Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

The Committee takes note of the response of the Government, dated 19 January 2009, to the comments received and previously noted from the International Trade Union Confederation (ITUC), as well as the comments by the ITUC, dated 26 August 2009.

Article 1 of the Convention. Protection against acts of anti-union discrimination in respect of their employment. The Committee recalls that in previous observations, it requested the Government to take all necessary measures to ensure that its legislation provides adequate protection against all acts of anti-union discrimination, in taking up employment and throughout the course of employment, including at the time of termination and covering all measures of anti-union discrimination (dismissals, demotions, transfers and other prejudicial acts) as well as adequate and dissuasive sanctions. The Committee notes that the ITUC refers to the inadequacy of remedies for workers discharged for their union activity, since courts may not reinstate dismissed workers. In addition, the ITUC refers to section 40A of the Trade Union Act which states that an employer who dismisses, adversely affects, or threatens to dismiss or adversely affect a worker due to their trade union membership or activities can be subject to a fine of US$1,000 and imprisonment for up to six months. The Committee also notes with interest that the Government’s report refers to the drafting of new employment rights legislation which would create an independent tribunal to hear cases alleging unfair dismissals and to issue adequate awards. The Committee requests the Government in its next report to include a copy of the draft legislation. The Committee hopes that the Government will enforce section 40A of the Trade Union Act to ensure that employees are protected against acts of anti-union discrimination. Once again, the Committee hopes that the Government will make every effort to take the necessary action to bring its legislation into conformity with the Convention in the very near future.