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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Barbados (Ratification: 1967)

The Committee notes the report of the Government.

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee had previously asked the Government to indicate the legislative provisions that provide for protection against acts of anti-union discrimination, including the applicable sanctions. The Committee takes note of the Government’s statement that there have been no new measures taken in this regard, as well as the comment of the Barbados Workers’ Union confirming that there have been no new developments respecting this matter. In these circumstances, the Committee recalls that Article 1 of the Convention guarantees workers adequate protection against acts of anti-union discrimination, in taking up employment and throughout the course of employment, including at the time of termination, and covers all measures of anti-union discrimination (dismissals, demotions, transfers and other prejudicial acts). The Committee considers, moreover, that legislation prohibiting acts of discrimination is inadequate if not coupled with effective, expeditious procedures and sufficiently dissuasive sanctions to ensure their application (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 223-224). In this connection, the Committee requests the Government to take the necessary measures to ensure that its legislation provides adequate protection against acts of anti-union discrimination.