Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guernsey

The Committee notes the Government's report and the adoption in 1998 of the Employment Protection (Guernsey) Law. The Committee notes that protection against anti-union discrimination is limited to unfair dismissal and does not cover other prejudicial acts such as transfers and/or demotion or acts of discrimination at the time of recruitment. Furthermore, under section 15(2) of the Act, anti-union discrimination is punished only if the employee had been in the employer's service for at least two years. The Committee notes, moreover, that the amount of compensation for unfair dismissal provided in section 20 of the Act is not a sufficiently dissuasive sanction.

The Committee expresses the firm hope that the Government will take the steps needed to bring its legislation into conformity with the provisions of the Convention, particularly by extending protection against acts of discrimination and accompanying this with sufficiently dissuasive sanctions. The Committee requests the Government to keep it informed of the measures taken in this regard.