Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Jamaica (Ratification: 1962)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2 of the Convention. Right of workers to establish and join organizations. The Committee had previously requested the Government to take the necessary measures to amend section 6(4) of the Trade Union Act (TUA) in order to ensure that penalties were not imposed on workers for their membership and participation in activities of an unregistered trade union. The Committee notes the Government’s indication in its report that this issue is being examined and will be discussed with the social partners at the Labour Advisory Council. The Committee expresses the firm hope that the law will be amended in the near future and requests the Government to inform of the developments in this regard.

Article 3. Interference in the financial administration of a trade union. The Committee had previously requested the Government to take the necessary measures to restrict the Registrar’s discretionary rights to carry out inspections and request information with regard to trade union finances at any time as provided in section 16(2) of the TUA. Noting with regret that the Government has not provided any information in this regard, the Committee reiterates its previous request. It expects that the Government’s next report will contain information on the measures taken to amend section 16(2) of the TUA so as to ensure that the control exercised by the public authorities over trade union finances does not exceed the obligation to submit periodic reports.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.