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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kiribati (Ratification: 2000)

In its previous comments, the Committee had been raising the need to modify a number of provisions of the Trade Unions and Employer Organisations Act and the Industrial Relations Code. Noting that the Draft Employment and Industrial Relations Code, 2013, had been technically reviewed by the Office, and that the labour law reforms were being considered by the Decent Work Agenda Steering Committee, the Committee expected that all its comments would be fully taken into account in the process and requested the Government to provide information on any developments as regards the adoption of the draft legislation.

The Committee notes the adoption of the Employment and Industrial Relations Code (EIRC) in 2015 and notes with satisfaction that, in line with its previous comments: (i) sections 18(2)–(4), 101(1)(c) and (2) in conjunction with section 152, as well as sections 107(2)(e) and (4)–(6) prohibit anti-union discrimination and provide for penal sanctions in the form of imprisonment or fines as well as procedures to ensure protection against such acts; (ii) sections 18(2)–(4) and 22 prohibit interference in the establishment or functioning of a union or employers’ organization and provide for penal sanctions in the form of imprisonment or fines to ensure protection against such acts; and (iii) sections 60–73 recognize the right to collective bargaining and contain procedural requirements to support the exercise of the right to collective bargaining.

Articles 1 and 2. Adequate protection against acts of anti-union discrimination and interference. In order to enable it to assess whether adequate protection against acts of anti-union discrimination and interference is provided in practice, the Committee requests the Government to supply detailed information on the number of complaints of anti-union discrimination and employer interference brought to the various competent authorities, the average duration of the relevant proceedings and their outcome, as well as the types of remedies and sanctions imposed in such cases.

The Committee is raising other matters in a request addressed directly to the Government.