Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Kiribati (Ratification: 2000)

Autre commentaire sur C098

Observation

Demande directe

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Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee had previously requested the Government to provide detailed information on how the competent authorities were addressing cases of anti-union and interference. The Committee notes that the Government provides information solely with regard to judicial proceedings, indicating that there have been no court cases on anti-union discrimination and employer interference in the reporting period. The Committee recalls in this respect that the absence of complaints alleging acts of anti-union discrimination and interference does not mean that there are no violations of the Convention in practice, and requests the Government to: (i) take specific measures to raise the awareness of workers concerning their trade union rights, including the right to be protected against anti-union discrimination; and (ii) provide more detailed information on the number of complaints of anti-union discrimination and employer interference brought to the various competent authorities, including judicial proceedings, the average duration of the relevant proceedings and their outcome, as well as the types of remedies and sanctions imposed in those cases.

Article 4. Right to collective bargaining. The Committee recalls that for a number of years it has been requesting the Government to clarify whether federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level, considering that section 60 of the Employment and Industrial Relations Code (EIRC) when indicating the parties with power to initiate collective bargaining does not explicitly refer to federations and confederations. It had also noted with concern that there was no legislative recognition of the right to engage in collective bargaining, as sections 60-73 of the EIRC were not yet in force. The Committee notes the Government’s indication that it is currently developing the necessary mechanisms in order to give effect to these provisions and has sought the ILO technical assistance in this regard. The Committee urges the Government to take all necessary steps to expedite the process for ensuring that the Employment and Industrial Relations Code sections relating to collective bargaining are effectively in force. It also requests the Government to take all necessary steps, without further delay, to amend the legislation with a view to ensuring that federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level. It requests the Government to provide information on all progress made in this regard.

The Committee further notes the information provided by the Government that as the provisions relating to Collective Bargaining Agreement in the EIRC are not yet in force, no information or data on the enforcement is available in this regard. The Committee requests the Government, once the EIRC’s provisions on collective bargaining are in force, to inform on the measures taken to promote collective bargaining in all sectors covered by the Convention and to provide information on the number of collective agreements concluded and in force, the sectors concerned, and the number of workers covered by these agreements.