Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

In its previous observation, the Committee took note that the Third Draft Industrial Relations Bill, which was last revised on 14 August 2006, had replaced the 2003 Draft Industrial Relations Act, as part of an ongoing effort to review and consolidate the labour legislation. The Committee notes that the Government indicates in its report that the Sixth (final) Draft Industrial Relations Bill was finalized in December 2009. The Committee requests the Government to indicate any development in this respect and to provide a copy of the Bill once adopted.

Power of the Minister to assess collective agreements on grounds of public interest. In its previous observation, the Committee had requested the Government to amend section 32 of the Third Draft Industrial Relations Bill, which conferred a broad power on the Minister of Labour to assess collective agreements on grounds of public interest – a principle that also applied to the public sector. The draft legislation had stated that “the Minister may, on behalf of the State, appeal as of right against the making of an award or order (including an award or order made by consent) or the certification of an agreement, on the ground that the making of the award or order, or the certification of the agreement, is contrary to public interest”. The Committee notes that the Government indicates in its report that this provision has been renumbered as section 51 of the Sixth (final) Draft Industrial Relations Bill, which provides that the powers previously conferred to the Minister are now conferred to the Attorney‑General who will be acting on behalf of the State and whose powers will be subject to the approval of a Full Bench under the Industrial Relations Commission, so as to allow for him/her to appeal – on grounds of public interest – against the making of an award or order (including an award or order made by consent) or the certification of an agreement. The Committee recalls that such provision could only be compatible with the Convention if it merely stipulates that the approval of collective agreements may be refused if the collective agreement has a procedural flaw, or does not conform to the minimum standards laid down by general labour legislation (General Survey of 1994 on freedom of association and collective bargaining, paragraph 251). The Committee requests the Government to take the necessary measures to ensure that section 51 of the Sixth (final) Draft Industrial Relations Bill is in conformity with the abovementioned principle, and to provide information thereon in its next report.

Compulsory arbitration. In its previous observation, the Committee had noted that sections 151 and 152 of the Third Draft Industrial Relations Bill instituted a system of compulsory arbitration when conciliation between the parties had failed. The Committee notes that the Government indicates in its report that these sections have been repealed by sections 77 and 78 of the Sixth (final) Draft Industrial Relations Bill, which provide that a Commissioner of the Industrial Relations Commission can only begin arbitration where a conciliation proceeding is exhausted with the issues remaining unresolved; and refer to the intervention of the State in an industrial dispute where issues of public interest and public welfare come into calculation. The Committee recalls that compulsory arbitration is only acceptable if it is at the request of both parties involved in a dispute, or in the case of disputes in the public service involving public servants exercising authority in the name of the State or in essential services in the strict sense of the term, namely those services whose interruption would endanger the life, personal safety or health of the whole or part of the population. In these circumstances, the Committee requests the Government to take the necessary measures to ensure that sections 77 and 78 of the Sixth (final) Draft Industrial Relations Bill are in conformity with the abovementioned principle, and to provide information thereon in its next report.