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

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 take the necessary measures 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. The Committee notes that the Government indicates that none of the social partners has ever requested for the review of the bargaining threshold of 20 per cent, established in law, and that the present legal framework provides for the effective collective bargaining. The Government further indicates that 64 Collective Bargaining Agreements have been signed but that currently only 21 are in force, specifically in the sectors of finance; retail; manufacturing; printing; transport; schools; agriculture and water. Noting the limited number of collective agreements in force in the country and taking into consideration the lack of information on the number of workers covered by these agreements, the Committee emphasizes that the representativeness requirements set by legislation to be designated as a bargaining agent may bear a substantial influence on the number of collective agreements concluded and that the mentioned requirements should be designed in such a manner that they effectively promote the development of free and voluntary collective bargaining. The Committee therefore requests once again the Government to take the necessary measures to ensure that the threshold established by legislation to become a bargaining agent effectively guarantees the promotion of collective bargaining within the meaning of the Convention. It also requests the Government to provide information on the number of workers covered by the collective agreements in force in the country.