Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Isle of Man

1. The Committee notes the information contained in the Government's report, and in the attachment thereto.

2. The Committee notes that section 1 of the Employment Act, 1986 provides a measure of protection against dismissal on grounds of membership or non-membership of a trade union, and of taking part in the activities of a trade union. Within its own terms, this provision appears to be consistent with the requirements of Article 1 of the Convention. However, the Committee has always taken the view that Article 1 requires that workers must be adequately protected against anti-union discrimination at the time of taking up employment and in the course of their employment relationship as well as at the point of termination (see General Survey on Freedom of Association and Collective Bargaining, 1983, paragraphs 256 and 259). Section 1 of the 1986 Act does not appear to be adequate for these purposes.

The Committee notes with interest that a recent Consultants' Report on the Law Relating to Employment recommended that employees should have a statutory right not to be subjected to discriminatory action short of dismissal on grounds of union membership or activities. The Government is asked to indicate whether it has any plans to implement this recommendation. It is also asked to indicate whether it has any plans to introduce legislativeprotection in relation to anti-union discrimination at the time of recruitment.