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

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

Article 4 of the Convention. Right to collective bargaining. The Committee noted in its previous comments that sections 4 (definition of collective agreement) and 60 (parties with power to initiate collective bargaining) of the Employment and Industrial Relations Code refer to employers or employers’ organizations and unions, but not explicitly to federations and confederations. It also requested the Government to clarify whether federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level and to provide information on the number of collective agreements concluded during the reporting period and the sectors and the number of workers covered. The Committee notes with concern the Government’s indication that sections 60–73 of the Employment and Industrial Relations Code of 2015 that stipulates the rights of unions and organizations to collective bargaining, their obligation to act in good faith and the procedures relating to this function are not in force at the moment. It also notes the Government’s indication that only two unions are currently involved in collective bargaining agreements in the country. In order to both guarantee and promote the right to bargain collectively, the Committee urges the Government to take the necessary measures to ensure that the Employment and Industrial Relations Code sections relating to collective bargaining are effectively in force. It also requests the Government to take the necessary measures as to amend the legislation with a view to ensuring that federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level. The Committee requests the Government to provide information in this respect.

The Committee also requests the Government to provide, in its next regular report, the information required in its previous comments concerning the application of Articles 1 and 2 of the Convention.