Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the information provided by the Government that while the previous draft Labour Code has been withdrawn, new measures have been adopted to prepare a new Labour Code through tripartite consultations and with the technical assistance from the Office.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee had requested the Government:

• – to take the necessary legislative measures to ensure that workers are granted adequate protection against all acts of anti-union discrimination at the time of recruitment and throughout the course of employment (section 11 of the Protection of Employment Act only refers to protection against termination of employment on the grounds of union membership or participation in union activities); and
• – to provide information on any development in relation to the Government’s efforts to ensure that the sanctions provided for in the Protection of Employment Act be reviewed so that they are sufficiently dissuasive against all acts of anti-union discrimination.

The Committee notes the Government’s indication that necessary changes will be reflected upon completion of the new Labour Code, taking into consideration the Committee’s observations, to guarantee adequate protection to workers against acts of anti-union discrimination at all stages of the employment relationship. The Committee further notes the Government’s indication that the Department of Labour continues to hold discussions to ensure that the existing sanctions outlined in the Act are increased according to the Committee’s recommendations and that this matter will be given full consideration during the consultation of the draft Labour Code, which is being carried out. The Committee observes, however, that the first draft of the new Labour Code, attached to the Government’s report, does not include provisions addressing the above-mentioned matters.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee had requested the Government to provide information on the measures taken towards the adoption of specific provisions that would explicitly provide for rapid appeal procedures, coupled with effective and dissuasive sanctions, against acts of interference. While the Committee notes the Government’s indication that its observations will be taken into consideration during the consultations on the Labour Code revision exercise and that specific measures will be adopted, it observes that the first draft of the new Labour Code does not include any provision prohibiting any acts of interference and, therefore, neither does it include provisions providing for rapid appeal procedures and sufficiently dissuasive sanctions against acts of interference.

Article 4. Recognition of organizations for the purposes of collective bargaining. In its previous comments, the Committee had requested the Government to provide information on the measures taken towards the adoption of specific provisions to explicitly recognize and regulate in the legislation the right to bargain collectively, in conformity with the Convention. The Committee notes the Government’s indication that this matter will be addressed during the consultative phase of the new draft Labour Code, taking into account the Committees’ observations. It also notes that the new draft Labour Code is silent in this regard.

In these circumstances, the Committee requests the Government to take all the necessary measures to include provisions in the new draft Labour Code so as to ensure full conformity with the Convention. The Committee trusts that the Government will take full advantage of the technical assistance of the Office and will soon be able to report progress in this regard.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.