Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Jersey

The Committee notes the Government’s report. In its previous comment the Committee had noted that a draft employment law would be enacted, and that a proposal for an employment relations law was also being developed.

Article 2 of the Convention. The Committee had previously requested the Government to indicate whether, in the context of the proposed employment relations legislation, it intended to introduce restrictive criteria based on “representativeness” for organizations to be duly registered and, if so, to explain the powers and functions of registered and non-registered unions. In this respect, the Committee notes the Government’s statement that, under the draft employment relations (Jersey) law, trade union and employers’ associations’ registration applications must be made by at least seven members of the organization in question. The Government indicates, moreover, that it does not intend to introduce criteria in respect of the “representativeness” of unions or associations applying for registration: the registration requirements are not to be overly prescriptive but should be considered, rather, a formality. The Committee takes note of this information and asks the Government to keep it informed of the progress made with respect to the draft employment relations legislation and to transmit copies of the laws once adopted.

Article 3 of the Convention. Compulsory arbitration. The Committee had previously referred to section 86(5) of the draft employment law, which provides that either party to a collective dispute may refer the dispute to the employment tribunal once all other resolution procedures have been exhausted. In this context, the Committee had requested the Government to take the necessary measures so as to ensure that, in both the Employment Law and the employment relations law, referral to compulsory arbitration in the case of collective disputes may only be made at the request of both parties, in accordance with Article 3 of the Convention. The Committee notes the Government’s indication that all provisions relating to collective disputes would be contained in the draft employment relations law, and upon enactment of the said law, section 86(5) of the Employment Law would no longer make provision for the referral of a “collective employment dispute” to the Employment Tribunal, but would subsequently govern only individual disputes before the Employment Tribunal. Moreover, the Government states that compulsory arbitration is available only when all other dispute resolution procedures have been exhausted, and if one of the parties is behaving unreasonably in the application of such available procedures, and that, under article 23 of the draft employment relations law, the Employment Tribunal may make an order that is binding on the parties only with the consent of each party to the dispute. The Committee notes this information.