Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Malawi (Ratification: 1965)

The Committee takes due note of the information provided by the Government in its report according to which the Labour Relations Act No. 16 of 1996 came into effect as of 1 December 1997. The New Labour Relations Act was promulgated after tripartite consultations and repealed the Trade Unions Act Chapter 54:01 and the Trade Disputes (Arbitration and Settlement) Act Chapter 54:02.

Article 4 of the Convention. The Committee observes that section 41 of the New Labour Relations Act No. 16 provides for a review by the Tripartite Labour Advisory Council of the thresholds set for the recognition of unions for collective bargaining purposes at the enterprise and sectoral levels (sections 25 and 26) which could be raised up to 40 per cent. The Committee notes that a significant increase of threshold for collective bargaining purposes could deprive a large number of workers of their right to have their trade unions collectively bargain on their behalf if the organizations do not meet the minimum percentage required. Given that the current system meets the requirements of the Convention, the Committee requests the Government to be kept informed of any increase in the percentages required for collective bargaining purposes and more precisely to have communicated to it the recommendations made by the Tripartite Labour Advisory Council to the Minister pursuant to section 41 of the New Labour Relations Act No. 16 and concerning the review of the percentages set out in sections 25 and 26 of the Act.