Observación (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Granada (Ratificación : 1994)

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Observación

2021
1999
1998

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Article 2 of the Convention. Minimum membership requirements for employers’ and workers’ organizations. In its previous comments, the Committee had requested the Government to take measures to reduce the number of members (ten) required for the registration of an employers’ organization (sections 5(2) and 9(1)(e) of the Labour Relations Act of 1999). The Committee had recalled that the minimum requirement of ten employers to form an employers’ organization was excessive and capable of hindering the creation of employers’ organizations, particularly given the country’s relatively small size. The Committee had noted the Government’s indication that the Labour Relations Act was in the process of being revised, including with respect to a reduction of the employer organizations’ membership requirement from ten to three. The Committee notes the Government’s indication that the Labour Relations Act is still before the Labour Advisory Board for finalization. As to workers organizations, the Committee had noted the Government’s indication that the minimum membership requirement for the registration of a trade union was of seven members, but observed that sections 5(1) and 9(1)(e) of the Labour Relations Act provide for a minimum membership of 25 members for the registration of a trade union. The Committee had requested the Government to indicate whether these provisions had been amended, and noted the Government’s reply that the two provisions were being reviewed. The Committee notes the Government’s indication that the matter will be discussed in the ongoing consultations on the Labour Relations Act, which is currently under review by the Labour Advisory Board.

Recalling the importance of ensuring that the minimum membership number for employers’ and workers’ organizations be fixed in a reasonable manner so that the establishment of organizations is not hindered, and that the Government has been referring to related revisions of the Labour Relations Act in its reports dating back to 2015, the Committee urges the Government to provide information as to the result of the legislative revision process in this respect.

Prison officers. The Committee had noted in its previous comments the Government’s indication that prison officers were prevented from joining organizations of their own choosing. The Committee had recalled that, in accordance with Article 2 of the Convention, the right to establish and join occupational organizations should be guaranteed for all public servants and officials, and that, under Article 9(1) of the Convention, the only authorized exceptions from the scope of application of the Convention are members of the police and the armed forces. The Committee notes the Government’s indication that an organization represents the prison officers and negotiates on their behalf. The Committee requests the Government to provide detailed information in this regard, including the applicable legal provisions guaranteeing that prison officers benefit from the rights and guarantees set out in the Convention and the results of any negotiations by the identified organization on behalf of prison officers.

The Committee trusts that the revision of the Labour Relations Act will soon be completed and will take fully into account the above-mentioned considerations to ensure conformity with the Convention. It requests the Government to provide a copy of the revised Act once adopted.

The Committee is raising other matters in a request addressed directly to the Government.