Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Malawi (Ratification: 1965)

Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee had requested the Government to provide information on any measures taken or envisaged with a view to ensure that the 20 per cent threshold of representativeness to be able to bargain collectively allows the promotion and development of free and voluntary collective bargaining within the meaning of the Convention. The Committee notes that the Government indicates that social partners are yet to request discussions regarding the high representation thresholds. The Committee recalls that if no union in a specific negotiating unit meets the required threshold of representativeness to be able to negotiate on behalf of all workers, minority trade unions should be able to negotiate, jointly or separately, at least on behalf of their own members. The Committee therefore requests once again the Government to take the necessary measures in order to ensure that if there is no union representing the required percentage to be designated as the collective bargaining agent, collective bargaining rights are granted to the existing unions, jointly or separately, at least on behalf of their own members.

Promotion of collective bargaining in practice. In its previous comments, the Committee had requested the Government to provide information on the measures taken to promote collective bargaining in practice, particularly on the number of collective agreements concluded and in force in the country, the sectors concerned and the number of workers covered by these agreements. Regretting that no further information has been provided in this respect, the Committee reiterates its request.