Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee takes note of the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programmes. The Committee recalls that its previous comments referred to certain provisions of the Employment Relation Law (ERL) and 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 of the ERL and Code 3; essential services – Code 2; and 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 notes the Government’s indication that the ERL had been drafted following extensive consultations and that it achieved its purpose to create a modern, non-adversarial dispute resolution system, as attested by the lack of industrial action and the increase in the signing of collective agreements. The Government reports that in practice Jersey continues to have a very good industrial relations record and that the Jersey Advisory and Conciliation Service informs that both employers’ and workers’ organizations find the legislation and codes of practice to provide an effective framework. The Committee further notes that the Government indicates that a review of the ERL and its codes of practice is included in the programme of work of the Minister for Social Security. However, and while acknowledging the previous comments of the Committee, the Government regrets to inform that to date it has not been possible to carry out the review. The Government indicates that a political decision was taken to focus resources first on the preparation of new legislation to protect from discrimination, which came into force in September 2015, and that the review of the ERL will be undertaken as soon as resources allow for it.

In these circumstances, the Committee requests the Government to provide information on any development concerning the review of the ERL and its codes of practice, trusting that it will take into account the Committee’s previous comments and hoping that it will soon be able to report progress.