Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Jersey

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Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee had requested the Government to enter into dialogue with the social partners to ensure that in cases of anti-union dismissals, workers reinstated by order of a judicial decision may be granted full compensation for loss of pay. The Committee had previously noted that sections 77B and 77C of the Employment (Amendment No. 4) (Jersey) Law, 2009 does not provide the ability to compensate a worker for financial losses such as arrears of pay for the period between the dismissal and the order for reinstatement. The Government had previously reported that public consultation with the Independent Employment Forum in 2008 had led the Forum to conclude that the Employment Law should not be amended. The Government reported that changes to available compensation would have ramifications for the Tribunal system, which thus far had not had to deal with complaints of unfair dismissal since the Employment Law came into force in 2005. The Committee reiterates that in cases of reinstatement following an anti-union dismissal, remedies should also include compensation for loss of wages for the period that elapses between the dismissal and the reinstatement, as well as compensation for the prejudice suffered, with a view to ensuring that all of these measures taken together constitute a sufficiently dissuasive sanction, as “adequate protection” under Article 1(1) of the Convention. The Committee recalls that sanctions against acts of anti-union discrimination must be to compensate fully, both in financial and in occupational terms, the prejudice suffered (General Survey of 2012 on the fundamental Conventions, paragraph 193). The Committee emphasizes the importance of amending sections 77B and 77C of the Employment Law, and requests once again the Government to enter into dialogue with the social partners in order to ensure that in cases of anti-union dismissals, workers reinstated by order of a judicial decision may be granted full compensation for loss of pay and to provide information on any developments in this regard.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee had requested the Government to take the necessary measures to introduce provisions prohibiting acts of interference by employers, as well as provisions ensuring rapid procedures and sufficiently dissuasive sanctions against such acts. The Government previously noted its intention to review Code 1 – The Recognition of Trade Unions of the Codes of Practice Employment Relations (Jersey) Law 2007 to include a provision to prohibit employer inducement. The Committee notes that although the Government has made great strides to protect against discrimination through the Discrimination (Jersey) Law 2013, it also notes with concern that there is nothing that deals specifically with acts of interference by employers. The Committee recalls the importance of adopting sufficiently dissuasive sanctions against acts of interference, but also enforcing said actions through efficient procedures in practice. The Committee is therefore bound to request the Government once again to take the necessary measures to introduce provisions prohibiting acts of interference by employers or their organizations in the establishment, functioning or administration of workers’ organizations and vice versa, as well as provisions ensuring rapid procedures and sufficiently dissuasive sanctions against such acts, and this after consulting the social partners. The Committee requests the Government to provide information on any developments in this regard.

Article 4. Promotion of collective bargaining. Legislative matters. The Committee had previously requested the Government to take, after consulting the social partners, the necessary measures to ensure that, if no union reaches the required threshold to be recognized as a bargaining agent, unions should be given the possibility to negotiate, jointly or separately, at least on behalf of their own members, and to provide information on any development in this regard. As there is no information from the Government, the Committee is bound to repeat its previous request. Recalling that the determination of the threshold of representativeness to designate an exclusive agent for the purpose of negotiating collective agreements applicable to all workers in a sector or establishment is compatible with the Convention in so far as the required conditions do not constitute an obstacle to the promotion of free and voluntary collective bargaining in practice, the Committee requests the Government to take, after consulting the social partners, the necessary measures to ensure that if no union reaches the required threshold to be recognized as a bargaining agent, unions should be given the possibility to negotiate, jointly or separately, at least on behalf of their own members. The Committee requests the Government to provide information on any developments in this regard.

Promotion of collective bargaining in practice. The Committee notes with regret that the Government has not provided information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements. The Committee therefore urges the Government to provide this information in the next report.

The Committee notes with regret that no specific action has been taken to address the different issues raised in its previous comments and hopes that the Government will soon be able to report on progress made in this respect. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.