Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the observations of the Jamaica Confederation of Trade Unions (JCTU) and the Jamaica Employers Federation (JEF) transmitted with the Government’s report. The Committee also notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2022 alleging obstacles to the exercise of trade union rights in the business process outsourcing sector operating in special economic zones (SEZs). The ITUC alleges, in particular, that no trade union representation has been allowed in the more than 70 companies employing 40,000 workers in the sector.

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) with a view to ensuring that penalties are not imposed on workers for their membership and participation in activities of an unregistered trade union. The Committee notes the Government’s indication that steps are being taken to repeal section 6(4) of the TUA, and notes the JEF’s observation strongly supporting the repeal. The Committee also notes the JCTU’s observations supporting the possibility of workers to establish and join organizations outside of trade unions, but such organizations should not assume the rights of registered trade unions under the TUA. The Committee regrets the lack of progress and urges the Government to take the necessary measures without further delay, in consultation with the social partners, to amend its legislation. The Committee requests the Government to inform it of 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. The Committee notes the Government’s indication that the matter has not yet been reviewed. The Committee further notes the JCTU’s observations to the effect that the control exercised by public authorities should not be outside of the reasonable requirements of submitting periodic reports set out in section 16(1) of the TUA. The Committee also notes the JEF’s observations regarding the need to reform section 16(2) of the TUA. Noting with regret that the Government has not undertaken any steps in this regard, the Committee urges the Government to take the necessary measures, in consultation with the social partners, 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 requests the Government to inform it of developments in this regard.

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