Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Libéria (Ratification: 1962)

Autre commentaire sur C098

Observation

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The Committee notes the observations made by the African Regional Organisation of the International Trade Union Confederation (ITUC-Africa), received on 31 August 2021, alleging acts of anti-union discrimination and interference in trade union internal affairs by a state-owned company and its refusal to bargain collectively. The Committee requests the Government to provide its comments in this regard.

Scope of the Convention. In its previous comments, the Committee had noted that section 1.5(c)(i) and (ii) of the Decent Work Act of 2015 (the Act) excluded from its scope of application work covered by the Civil Service Agency Act. Furthermore, the Committee had noted the Government’s indication in 2012 that the legislation guaranteeing the right of collective bargaining of public servants and employees in state enterprises (Ordinance on the public service) was under revision with the technical assistance of the Office, and had requested it to provide information on any developments in this regard. The Committee notes that the Government acknowledges that the Act does not cover workers in the mainstream public sector and indicates that a national labour conference was convened in 2018 to create a framework for the harmonization of the Act and the Civil Service Standing Orders. Recalling that all workers, except the armed forces and the police, as well as public servants engaged in the administration of the State, are covered by the Convention, the Committee expresses the firm hope that the legislation will soon be brought into conformity with the Convention and requests the Government to provide information on developments in this regard.

The Committee had also noted that section 1.5(c)(i) and (ii) of the Act also excludes from its scope of application, officers, members of the crew and any other persons employed or in training on vessels. The Committee had therefore requested the Government to indicate how the rights enshrined in the Convention apply to these workers, including any laws or regulations, adopted or envisaged, covering them. The Committee notes the Government’s indication that Liberia’s Maritime Regulations 10-318.3 incorporate by reference the terms of the Maritime Labour Convention (MLC) as inherent parts of the conditions of work on flagged vessels and that a further review of how these provisions are applied in practice is planned in line with the report on the MLC, which is due in 2022. Noting that Liberia’s Maritime Regulations 10-318.3 refers to shipboard living conditions and recreational facilities, the Committee requests the Government again to detail how, both in law and in practice, the rights enshrined in the Convention are ensured to maritime workers.

Article 1 of the Convention. Adequate protection against anti-union discrimination. In its previous comment, the Committee had noted the various provisions of the Act that guarantee the protection against acts of anti-union discrimination. The Committee had requested the Government further information on the sanctions applied in cases of acts of anti-union discrimination and to provide statistics on the number of cases of discrimination examined, the duration of the procedures and the type of penalties and compensations ordered. The Committee notes the Government’s indication that the Ministry ruled in favour of the workers in the three cases of anti-union discrimination brought up during the period under review and ordered the reinstatement of the workers. While noting that section 14.10 of the Act provides for dissuasive sanctions in the event of termination of employment due to violations of the worker’s or the employer’s rights under the Act, including the possibility for Ministry or court to order the reinstatement of the worker, the Committee recalls that adequate protection against acts of anti-union discrimination should not be confined to penalizing dismissal on anti-union grounds, but should cover all acts of anti-union discrimination (demotions, transfers and other prejudicial acts) at all stages of the employment relationship, regardless of the employment period, including at the recruitment stage. The Committee requests the Government to take, after consultation with the representative organizations of workers and employers, necessary legislative and regulatory measures to guarantee the application of sufficiently dissuasive penalties against all acts of anti-union discrimination. It also requests the Government to continue to provide detailed statistics on the number of complaints of anti-union discrimination received by the relevant authorities, the average duration of the proceedings and their outcome, and the types of remedies and sanctions imposed in those cases.

Article 2. Adequate protection against acts of interference. The Committee recalls that for many years it has been requesting the Government to take measures to introduce in the legislation provisions guaranteeing adequate protection for workers’ organizations against acts of interference by employers and their organizations, including sufficiently effective and dissuasive sanctions. The Committee notes the Government’s indication that the Ministry of Labour has issued directives against interference with the activities of workers’ organizations and that it desires to ensure that the workers and employers’ interests coexist harmoniously. The Committee requests the Government to provide a copy of the Ministry of Labour’s directives against interference in trade union’s activities. Furthermore, noting the observations made by the ITUC alleging acts of interference, and recalling the importance of the effective prohibition by the national legislation of all of the acts of interference covered by Article 2, the Committee once again requests the Government to take the necessary measures to include in the relevant legislation provisions explicitly prohibiting acts of interference and providing for sufficiently dissuasive sanctions and rapid and effective procedures against such acts.

Article 4. Promotion of collective bargaining. The Committee had noted that, under the Act, trade unions that represent the majority of the employees in an appropriate bargaining unit are able to seek recognition as exclusive bargaining agents for that bargaining unit (section 37.1(a)), and that if the trade union no longer represents this majority, it must acquire a majority within three months, otherwise, the employer shall withdraw recognition from this trade union (section 37.1(k)). The Committee recalled that while it is acceptable that the union which represents the majority or a high percentage of workers in a bargaining unit should enjoy preferential or exclusive bargaining rights, it considers that, if no union reaches the required majority to be designated as a bargaining unit, minority unions should be given the possibility to bargain collectively, jointly or separately, at least on behalf of their own members. The Committee therefore requested the Government to indicate whether, if no union represents this majority the minority unions in the same unit enjoy collective bargaining rights, at least on behalf of their members. In the absence of information from the Government in this respect, the Committee reiterates its request.

Settlement of disputes affecting national interest. The Committee had noted that section 42.1 of the Act underlined prerogatives of the President, Minister and National Tripartite Council with regard to disputes affecting the national interest. The Committee had requested the Government to provide additional information regarding those prerogatives, and to indicate the extent to which section 42.1 of the Act provides the parties with complete freedom of collective bargaining and does not alter the principle of voluntary arbitration. The Committee notes the Government’s information that while the Ministry has not formally classified any dispute addressed since the advent of the Act as a dispute affecting the national interest, the process of voluntary arbitration is being protected in all disputes. In the absence of a response with regard to the exercise of the prerogatives granted to the public authorities by section 42.1 of the Act, the Committee reiterates its request.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements signed and in force in the country and to indicate the sectors and levels concerned as well as the number of workers covered.