Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Jersey

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015.

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

Article 3 of the Convention. The Committee recalls that its previous comments referred to certain provisions of the Employment Relation Law (ERL) and its codes of practice concerning the exercise of the right to strike (right to secondary action and social and economic protests – see section 20(3) of the ERL and Code 2; picketing – Code 2; compulsory arbitration – sections 22 and 24 and Code 3; essential services – Code 2).

The Committee notes that in its report, the Government indicates that: (1) the insular authorities confirm that a review of the provisions of the ERL and its codes of practice continues to be included in the Minister for Social Security’s programme of work; (2) the insular authorities regret that the review is still pending and hoped that progress would have been made; (3) the global economic downturn continues to have an impact in Jersey; (4) the delay is regretted; however the review will be undertaken as soon as resources allow it. The insular authorities are grateful for the previous comments of the Committee and confirmed that they will be given due account in the review; and (5) Jersey continues to have a very good industrial relations record; since the Employment (Jersey) Law 2003 came into force on 1 July 2005, there have been no claims to the Employment Tribunal of unfair dismissal or selection for redundancy on grounds of trade union membership.

In these circumstances, the Committee requests the Government to provide information in its next report on any development concerning the review of the ERL and its codes of practice, as well as on the comments previously made by the workers’ organization Unite about the conditions for protected industrial action and the application by the courts of sections 3 and 20(2) of the ERL and Code 3.

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