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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - St Helena

Article 4 of the Convention. Legislative measures to promote collective bargaining in the private sector. In its previous comment, the Committee has expressed concern over the fact that there are no collective agreements in force and requested the Government to take any necessary measures to encourage and promote the full development and utilization of collective bargaining and to provide information in this regard.

The Committee notes the Government’s indication that: (i) the lack of collective agreements is a reflection of the size and nature of the private sector employers on the island, and the low level of unemployment on the island, which entails that individual workers, particularly in small businesses, have more bargaining power than in other territories where they can easily be replaced; (ii) the working age population of St Helena is 2,851 people and there are only seven private sector employers with significant numbers of staff, and the remaining workers are employed in small businesses; (iii) there are no legislative or procedural obstacles to the regulation of terms and conditions of employment through collective agreements, in accordance with Article 4 of the Convention, as the Employment Rights Ordinance permits employees’ groups to be formed and the Equality and Human Rights Commission provides assistance to any group of employees who may wish to pursue collective negotiations. Noting that the Employment Rights Ordinance does not contain specific provisions regulating collective bargaining and recalling that, pursuant to Article 4, measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of collective bargaining, the Committee requests the Government to take legislative measures to promote collective bargaining in the private sector. The Committee requests the Government to provide information on any developments in this respect, hoping that it will be able to note tangible progress in the near future.

Articles 4 and 6. Collective bargaining in the public sector. The Committee takes due note that the Government indicates that an Employee Representative Committee has been established, which recognizes the right to collective bargaining to public employees. Recalling that, pursuant to Articles 4 and 6, the workers’ organizations representing the civil servants not engaged in the administration of the State should be able to negotiate the conditions of employment of their members, the Committee requests the Government to provide information on the collective bargaining processes taking place through the Employee Representative Committee and on its related outcomes.