Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Malawi (Ratification: 1965)

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

The Committee takes note of the observations made by the Teachers Union of Malawi (TUM) and the Private Schools Employees Union of Malawi (PSEUM), received on 3 September 2021, containing allegations of interference in trade union activities. The Committee requests the Government to provide its comments in this regard.

Article 4 of the Convention. Measures to encourage and promote 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 reiterates that the social partners are yet to request for the review of the bargaining threshold of 20 per cent, established in law, and that if there are any changes in the threshold, the Committee will be communicated accordingly. The Committee had also requested the Government to provide information on the number of workers covered by the collective agreements in force in the country. The Committee notes the Government’s indication that currently there are 40 collective bargaining agreements in place covering the sectors of finance; retail; private schools; agriculture; manufacturing; printing; media; transport; statutory; security; hotels; and construction. Of these, only 14 have data on the number of workers covered, which corresponds to 2,922 (1,584 male and 1,261 female). The Committee notes the Government’s indication that it has put in place conducive legislation and environment for workers and employers’ organizations to have collective bargaining agreements, while it acknowledges that trade unionism coverage in the country is still low and that this affects the number of collective bargaining agreements in place as well as coverage. In this respect, the Committee emphasizes once again 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 such requirements should be designed in a manner that effectively promotes the development of free and voluntary collective bargaining. The Committee therefore requests once again the Government to take the necessary measures, in consultation with the most representative social partners, 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, taking into consideration that, when the threshold is not reached, the existing unions should be given the possibility, jointly or separately, to bargain collectively, at least on behalf of their own members. The Committee also requests the Government to indicate the measures taken or envisaged to encourage and promote collective bargaining in all sectors covered by the Convention, and to continue providing information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee had requested the Government to provide information on any measures taken or envisaged with a view to ensure that the 20 per cent threshold of representativeness to be able to bargain collectively allows the promotion and development of free and voluntary collective bargaining within the meaning of the Convention. The Committee notes that the Government indicates that social partners are yet to request discussions regarding the high representation thresholds. The Committee recalls that if no union in a specific negotiating unit meets the required threshold of representativeness to be able to negotiate on behalf of all workers, minority trade unions should be able to negotiate, jointly or separately, at least on behalf of their own members. The Committee therefore requests once again the Government to take the necessary measures in order 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.

Promotion of collective bargaining in practice. In its previous comments, the Committee had requested the Government to provide information on the measures taken to promote collective bargaining in practice, particularly on the number of collective agreements concluded and in force in the country, the sectors concerned and the number of workers covered by these agreements. Regretting that no further information has been provided in this respect, the Committee reiterates its request.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 4 of the Convention. Promotion of collective bargaining. The Committee takes due note of the Government’s response to the observations provided by the International Trade Union Confederation (ITUC) in 2014. Regarding the threshold of 20 per cent of employees’ membership in order to bargain collectively, the Government indicates that a consultative process has to be done in this regard but there has been no formal complaint from trade unions concerning this requirement and that the current threshold encourages growth in union membership. Recalling that if no union in a specific negotiating unit meets the required percentage for representativeness to be able to negotiate on behalf of all workers, minority unions should be able to negotiate, jointly, or separately, on behalf of their own members (see General Survey on the fundamental Conventions, 2012, paragraph 235), the Committee requests the Government to provide information on any measures taken or envisaged with a view to ensure that the current threshold allows the promotion and development of free and voluntary collective bargaining within the meaning of the Convention.

Right to collective bargaining in practice. The Committee requests the Government to inform on the measures taken to promote collective bargaining and to provide data on the number of collective agreements signed and in force, the sectors of activity concerned and the number of workers covered.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes due note of the Government’s response to the observations provided by the International Trade Union Confederation (ITUC) in its communications of 2012 and 2013 in which it indicates that the issue regarding the high representation thresholds in order to bargain collectively, 20 per cent of employees on an enterprise level and 15 per cent of employees on a sectoral level, is yet to be discussed by the social partners and that it will be tackled during the review of the Labour Relations Act, 2006 (LRA 2006), which is expected to occur in 2014. With respect to the export processing zones (EPZs), the Government indicates that intensive labour inspections have greatly improved the situation and that most of the EPZs are now unionized. The Committee requests the Government to indicate the outcome of discussions with the social partners and any measures taken thereof in relation to obstacles to the exercise of collective bargaining rights and in particular the requirement in practice of very high representation thresholds. The Committee requests the Government to transmit the final version of the LRA 2006 with its next report.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the International Trade Union Confederation’s (ITUC’s) communications of 2010, 2012 and 2013, which refer to obstacles to the exercise of collective bargaining rights and in particular the requirement in practice of very high representation thresholds. The Committee further notes that the ITUC also refers to compulsory arbitration in the framework of collective bargaining and of difficulties in the export processing zones (EPZs) and, finally, restrictions to trade union rights and anti-union discrimination practices in certain enterprises or institutions. The Committee requests the Government to provide its observations thereon.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct requests, which read as follows:

Repetition

The Committee notes the International Trade Union Confederation’s (ITUC) communication dated 24 August 2010, which refers to obstacles to the exercise of collective bargaining rights and in particular the requirement in practice of very high representation thresholds. The Committee further notes that the ITUC also refers to difficulties in the export processing zones (EPZs) and, finally, restrictions to trade union rights in certain enterprises or institutions. The Committee requests the Government to provide its observations thereon.

The Committee notes the comments made by the ITUC dated 31 July 2012 alleging anti-union practices.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations submitted by the International Trade Union Confederation (ITUC), dated 4 August 2011, that mainly refer to matters previously raised by the Committee, and the Government’s comments thereon.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It notes the International Trade Union Confederation’s (ITUC) communication dated 24 August 2010, which refers to obstacles to the exercise of collective bargaining rights and in particular the requirement in practice of very high representation thresholds. The Committee further notes that the ITUC also refers to difficulties in the export processing zones (EPZs) and, finally, restrictions to trade union rights in certain enterprises or institutions. The Committee requests the Government to provide its observations thereon.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s reply to the International Trade Union Confederation’s (ITUC) communication dated 26 August 2009, which refers to matters previously raised.

The Committee had previously noted the ITUC’s allegation concerning the exclusion of the informal sector from the guarantees of the Convention. In this respect, the Government states that the ITUC’s allegation is incorrect. The Government further indicates that there is even an organization entitled the Malawi Union for the Informal Sector, which was registered in June 2004. The Committee notes the Government’s information.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008 concerning the application of the Convention in the informal sector. The Committee requests the Government to provide its observations thereon.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report containing its replies to the comments made by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 10 August 2006 (essentially concerning matters the ICFTU had already raised in 2005). It notes that the Government refers in this respect to the statements made in a communication dated 16 September 2005, which has already been examined by the Committee.

In its previous observation, the Committee had noted the comments made by the Malawi Congress of Trade Unions (MCTU) in a communication dated 26 December 2004, and the ICFTU in a communication dated 31 August 2005 and had requested the Government to carry out a comprehensive investigation into the dismissal of five trade union officials mentioned by the MCTU and to provide its observations on the comments of the ICFTU concerning the dismissal of eight of the union leaders of Lilongwe City. In the absence of specific information from the Government on these matters, the Committee once again requests it to ensure that a comprehensive investigation is carried out.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the comments made by the Malawi Congress of Trade Unions (MCTU) in a communication dated 26 December 2004 with regard to anti-union dismissals of five trade union officials and the malfunction of the Labour Tripartite Advisory Council (LTAC), as well as the Government’s observations thereon denying the anti-union nature of the dismissals and indicating that the LTAC is functioning properly. The Committee requests the Government to carry out a comprehensive inquiry into the dismissals of the five trade union leaders mentioned in the MCTU’s comments and, if it is confirmed that acts of anti-union discrimination occurred, to take the necessary remedial measures. Concerning the MCTU comments on the Tripartite Labour Advisory Council, the Committee notes that they are not sufficiently specific and will therefore not be examined in the absence of further information.

2. The Committee takes note of the comments made by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 31 August 2005, making reference to the absence of recognition of the right to organize in practice, employer resistance towards trade unions’ rights, and anti-union dismissals of eight trade union leaders representing Lilongwe City workers. The Committee requests the Government to provide its observations on the ICFTU comments.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the International Confederation of Free Trade Unions (ICFTU) has sent a communication dated 6 February 2002 on the application of the Convention concerning restrictions to trade union rights in export processing zones and the dismissal of trade union leaders for their trade union activities. The Committee notes the Government’s reply and its indications according to which its response was made available to the interested parties at national and international level.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes due note of the information provided by the Government in its report according to which the Labour Relations Act No. 16 of 1996 came into effect as of 1 December 1997. The New Labour Relations Act was promulgated after tripartite consultations and repealed the Trade Unions Act Chapter 54:01 and the Trade Disputes (Arbitration and Settlement) Act Chapter 54:02.

Article 4 of the Convention. The Committee observes that section 41 of the New Labour Relations Act No. 16 provides for a review by the Tripartite Labour Advisory Council of the thresholds set for the recognition of unions for collective bargaining purposes at the enterprise and sectoral levels (sections 25 and 26) which could be raised up to 40 per cent. The Committee notes that a significant increase of threshold for collective bargaining purposes could deprive a large number of workers of their right to have their trade unions collectively bargain on their behalf if the organizations do not meet the minimum percentage required. Given that the current system meets the requirements of the Convention, the Committee requests the Government to be kept informed of any increase in the percentages required for collective bargaining purposes and more precisely to have communicated to it the recommendations made by the Tripartite Labour Advisory Council to the Minister pursuant to section 41 of the New Labour Relations Act No. 16 and concerning the review of the percentages set out in sections 25 and 26 of the Act.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes due note of the Government's report on the application of the Convention. It notes in particular that, following consultations with the Wages Advisory Board and the Wages Advisory Councils, the Government has promulgated orders relating to wages and conditions of employment and that several collective agreements have been concluded following voluntary negotiations between national trade unions and employers' associations.

The Committee requests the Government to indicate which sectors are covered by the collective agreements and to supply the text of the agreements that are in force.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received and hopes that a report will be supplied for examination by the Committee at its next session. The Committee would appreciate receiving information on the application of the Convention in practice, in the Government's future reports.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes due note of the Government's report concerning the effect given to the Convention in practice. It notes in particular that no case of anti-union discrimination or interference by employers or employers' organisations, in the sense of Articles 1 and 2 of the Convention, has been brought to the attention of the Government. It also notes that consultations between employers and workers on terms and conditions of employment with a view to issuing ordinances on wages are being held in the Wages Advisory Board and in the six Wages Advisory Councils in the agricultural, building and civil engineering, hotels and catering, road transport, tobacco and wholesale and retail sectors.