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

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

Legislative framework. The Committee takes due note of the Government’s indication that a Bill for Labour Code has been introduced to the Anguilla House of Assembly in January 2018 and that the abovementioned legislation is expected to come to force in 2019, once it undergoes its second and third reading in the House of Assembly. The Committee welcomes the fact that, according to section 33(d) of the Bill, the Code shall be interpreted, as far as practicable, in a manner that is consistent with the Convention. The Committee also notes that part 16 of the Bill that refers to trade union and employers’ organizations contains specific provisions that address the different subjects covered by the Convention. Observing that the application for recognition as a bargaining agent set in the Bill may require the support of a majority of workers from the bargaining unit, the Committee recalls that the determination of the threshold of representativeness to designate an exclusive agent for the purpose of negotiating collective agreements which are destined to be applied to all workers in a sector or establishment is compatible with the Convention in so far as the required conditions do not constitute an obstacle to the promotion of free and voluntary collective bargaining in practice. In this regard, the Committee considers 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 trusts that the adoption of the Bill for Labour Code will give full effect to the Convention and recalls that the Government may avail itself of the technical assistance of the Office. The Committee requests the Government to provide information on the adoption of the Bill.