Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Jamaica (Ratification: 1962)

The Committee notes the observations provided by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2014 alleging a series of inconsistencies between the domestic legislation and the Convention: (i) penalties for organizing or joining an organization not officially recognized; (ii) restrictions on the right of unions to self-administration; and (iii) excessive restrictions and sanctions with respect to strike actions. The Committee requests the Government to provide its comments in this respect.

The Committee takes note of the observations provided by the International Organisation of Employers (IOE) in a communication received on 1 September 2014.

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Article 3 of the Convention. The right of organizations to organize freely their activities and to formulate their programmes. The Committee recalls that in its previous observations it referred to the extensive power of the minister to refer an industrial dispute to arbitration (sections 9, 10 and 11(A) of the Labour Relations and Industrial Disputes Act). The Committee notes that the Government reiterates in its report that it is seriously considering the ILO’s request to amend these sections and that it hopes that a positive response can be given in its next report. In these circumstances, the Committee reiterates its hope that sections 9, 10 and 11(A) of the Labour Relations and Industrial Disputes Act will be amended, taking into account that compulsory arbitration to end a collective labour dispute is acceptable only at the request of both parties or in instances where a strike may be restricted or even banned, i.e. in the event of a dispute in the public service involving public servants exercising authority in the name of the State, or in essential services in the strict sense of the term, namely services the interruption of which could endanger the life, personal safety or health of the whole or part of the population. The Committee requests the Government to indicate any developments in this regard.

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