Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the Government's report.

Article 1 of the Convention. The Committee notes that the Government has indicated that the Trade Union Recognition Bill is presently before Parliament, affording additional protection to workers engaged in trade union activities. The Committee requests the Government to forward a copy of the legislation once it has been adopted.

Article 4 of the Convention. The Committee notes that the Trade Union Recognition Bill also provides for compulsory recognition of trade unions. The Committee notes further the Government's statement that at present trade unions are recognized by employers based upon majority support and that a change of union representation is determined based on a poll conducted by the Ministry of Labour. The Committee requests the Government to indicate in its next report the situation of minority unions, in particular where no union or group of unions represents a majority of employees, are collective bargaining rights granted to the minority unions in the bargaining unit, at least on behalf of their own members.

The Government has indicated in its report that collective agreements are "vetted and countersigned by the Ministry of Labour". The Committee requests the Government to clarify in its next report what this vetting process consists of, and recalls in this regard that requiring collective agreements to be subject to prior governmental approval before coming into force is incompatible with the requirements of the Convention.