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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Saint Kitts and Nevis (Ratification: 2000)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

The Committee welcomes the information provided by the Government on the preparation of the draft Labour Code through tripartite consultations and with technical assistance from the ILO.

Article 3 of the Convention. Rights of workers’ and employers’ organizations to draw up their constitutions and rules and to organize their administration. In its previous comments, the Committee invited the Government to provide information about the measures taken to amend section 33(2) of the Trade Unions Act, a provision allowing the Registrar to demand detailed financial information from unions. The Committee notes with interest that the Government states that it endorsed the Committee’s request to amend section 33(2) of the Trade Unions Act; that the provisions of this Act were incorporated into the draft Labour Code with the changes requested by the Committee; and that the new Government intends to follow through with these changes.

The Committee further observes that certain provisions of the draft Labour Code confer upon the Registrar: (i) substantive screening powers in the registration process (section 209) and in relation to alterations in the constitution of an organization (section 211(2)); and (ii) powers to suspend or withdraw registration in certain circumstances (sections 212 and 221). In this regard, the Committee indicates, in its 2012 General Survey on the fundamental Conventions, paragraphs 100 and 162, that: (i) national legislation should only lay down formal requirements respecting trade union constitutions, except with regard to the need to follow a democratic process and to ensure a right of appeal for the members, and the constitutions and rules should only be subject to the verification of formal requirements by the authorities; and (ii) the dissolution and suspension of trade union organizations constitute extreme forms of interference by the authorities in the activities of organizations and should therefore be accompanied by all the necessary guarantees, which can only be ensured through a normal judicial procedure, which should also have the effect of a stay of execution. Finally, the Committee observes that the draft Labour Code relies on a broad definition of “employee” (section 3), stating that it intends to ensure that workers, regardless of their classification, are not excluded from the coverage of the Act. The Committee, however, recalls that the rights and guarantees set out in the Convention apply not only to employees but to all workers “without distinction whatsoever”, including independent and outsourced workers and workers without an employment contract.

The Committee requests the Government to make any necessary amendments to the draft Labour Code to ensure conformity with the abovementioned principles. The Committee hopes that the new Labour Code will soon be adopted and requests the Government to provide a copy.