Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes with regret that the Government’s report has not been received. The Committee further notes the comments submitted by the International Trade Union Confederation (ITUC) on 29 August 2008, concerning anti-union interference and strategies for avoiding collective bargaining in an enterprise of the telecommunication sector, as well as the comments submitted by the Congress of Trade Union and Staff Associations of Barbados concerning issues already raised by the Committee. It requests the Government to provide its observations concerning the ITUC’s comments.

Article 1 of the Convention. Lack of protection against anti-union discrimination. The Committee recalls that, in its previous observations, it had indicated 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) and 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 and 224). In this connection, the Committee once again requests the Government to take the necessary measures to ensure that its legislation provides adequate protection against all acts of anti-union discrimination, as well as adequate and dissuasive sanctions.

Finally, the Committee points out to the Government that it may seek technical assistance from the Office in solving this serious problem.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.