Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

1. The Committee notes the Government's report as well as the summary observations of the Isle of Man Trades Council.

2. In its previous direct request, the Committee had asked the Government to amend the Employment Bill so that it provided for adequate protection against anti-union discrimination at the time of recruitment in conformity with Article 1 of the Convention. Similarly, the Committee had asked that this Employment Bill be reinforced by the adoption of sufficiently effective and dissuasive sanctions since the only remedy available under this Bill to an employee who had been dismissed on grounds of trade union membership or activities was an order of compensation.

3. The Committee notes with regret from the Government's reply that the final form of the Employment Act which was introduced in 1991 has not been modified and that there are no immediate plans by the Government to introduce measures in specific regard to the matters referred to in the Committee's previous direct request. These matters are nevertheless the subject of ongoing consideration according to the Government. The Committee once again requests the Government to take steps to ensure that there is adequate legislative protection against anti-union discrimination at the time of recruitment as well as against dismissal on grounds of trade union membership or activities in conformity with Article 1; it accordingly asks the Government to take action to amend the Employment Act 1991 so as to bring, at an early date, its legislation into full conformity with the requirements of the Convention and to supply in its next report information on any progress made in this regard.