Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Malawi (Ratification: 1999)

The Committee notes the Government replies to the comments submitted by the International Trade Union Confederation (ITUC) dated 26 August 2009. The Committee also notes the comments submitted by ITUC dated 24 August 2010 that mainly refer to matters previously raised by the Committee.

In its previous comments, the Committee, noting that sections 45(3) and 47(2) of the Labour Relations Act empower the parties concerned to apply to the Industrial Relations Court for a determination as to whether a particular strike involves an essential service, had requested the Government to provide information on any strike declared illegal and the reasons therefor, as well as on any decisions rendered by the Industrial Relations Court under these sections of the Labour Relations Act. The Committee notes that the Government indicates in its report that: (i) no strikes have been declared illegal on the basis of essential services; (ii) no request for determination of an essential service has been made before the Industrial Relations Court; and (iii) the social partners considered that a clear list of what should be considered an essential service under the Labour Relations Act should be established; in this regard, a provision had been included in the Labour Relations (Amendment) Bill for the establishment of a subcommittee of the Tripartite Labour Advisory Council whose purpose is to determine a list of what should be considered an essential service under the Labour Relations Act. In these circumstances, the Committee requests the Government to provide information in its next report of any development concerning the establishment of the subcommittee and the advancement of its work.

A request concerning other points is being addressed directly to the Government.