Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC), dated 4 August 2011.

Article 3 of the Convention. Right of organizations to freely organize their activities and formulate their programmes. In its previous comments, the Committee noted that under sections 45(3) and 47 of the Labour Relations (Amendment) Bill, 2006 (LRA 2006), in cases of strikes or lockouts, the parties may at any time apply to the Industrial Relations Court for a determination as to whether a threatened or actual strike or lockout involves an essential service. In this respect, the Government indicated that the social partners considered that a clear list of what should be considered an essential service under the Labour Relations Act (LRA) should be established and that a provision had been included in the LRA 2006 for the establishment of a subcommittee of the Tripartite Labour Advisory Council mandated to determine a list of essential services under the LRA. The Committee requested the Government to provide information on any development concerning the establishment and composition of the subcommittee and the advancement of its work. The Committee notes that the Government indicates in its report that consultations with the social partners regarding the establishment of the subcommittee and the start of its work are in progress. The Committee requests the Government to transmit the final version of the LRA 2006 with its next report as well as detailed information on any development concerning the establishment of the subcommittee of the Tripartite Labour Advisory Council and the start of its work.