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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - British Virgin Islands

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Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee had requested the Government to indicate the measures taken to adopt, as requested by section 180 of the new Labour Code 2010, the regulations aimed at establishing the rules for the recognition of bargaining agents. The Committee notes that the Government states that: (i) a Consultant was engaged to assist with the review of the Labour Code, but the process has not been finalized; and (ii) the needed Regulations to supplement the Labour Code 2010 (Act No. 4 of 2010) have still not been formulated; (iii) besides the British Virgin Islands Teachers’ Union, there are no prominent trade unions or bargaining agents in the British Virgin Islands; and (iv) due to the implementation of sound labour management practices based on the Labour Code 2010, harmonious labour relations tend to exist between employers and employees and, as a result, no known collective agreements have been concluded during the specified timeframe. The Committee stresses that collective bargaining is a fundamental right, the exercise of which not only helps settle labour conflicts but also get the most of and further strengthen harmonious labour relations. It also recalls that the Government has, under Article 4 of the Convention, an obligation to promote collective bargaining and that collective bargaining should not be hampered by the absence of rules governing the procedure to be used. Noting with concern that 12 years after the adoption of the new Labour Code the rules for the recognition of bargaining agents are yet to be established, the Committee urges the Government to: (i) take the necessary measures to adopt the referred regulations; and (ii) take specific measures to promote the use of collective bargaining in the different sectors of the economy. The Committee requests the Government to provide information in this respect.