Collective Bargaining Convention, 1981 (No. 154) - Belize (Ratification: 1999)

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

Articles 5 and 7 of the Convention. In its previous comment, the Committee raised the need to reform the legislation to ensure that certification of representative trade unions for the purposes of collective bargaining is based on objective and pre-established criteria. It also raised questions concerning the adoption of measures to promote collective bargaining in practice. The elements provided by the Government on these matters are being examined by the Committee as part of its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

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

The Committee notes with deep concern that the Government’s report, which has been expected since 2014, has not been received. In light of the urgent appeal made to the Government in 2020, the Committee is proceeding with the examination of the application of the Convention on the basis of information at its disposal. The Committee recalls that it raised questions concerning respect of the Convention in a direct request regarding, in particular: (i) the need to reform the legislation to ensure that certification of representative trade unions for the purposes of collective bargaining is based on objective and pre-established criteria; and (ii) the adoption of measures to promote collective bargaining in practice. In the absence of any observation from the social partners and having no indication at its disposal of progress on these pending questions, the Committee refers to its previous direct request, adopted in 2020, and urges the Government to provide a complete response as soon as possible. To that end, the Committee recalls that the Government may avail itself of the technical assistance of the ILO.

[The Government is asked to reply in full to the present comments in 2022.]

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 5 of the Convention. In its previous comments, the Committee had requested the Government to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, which provides that the tripartite body entrusted with the certification of the representative trade unions may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees therefrom in order to render the unit more appropriate. The Committee had noted that, according to the Government, the Committee’s comments had been submitted to the Labour Advisory Board, which had been recently reactivated and one of whose main duties is to review national labour legislation. In these circumstances, the Committee expresses the hope that section 25 of the Act will soon be amended so as to ensure that the tripartite body will base its decisions on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse. It requests the Government to provide a copy of the new legislation once it is adopted.

Article 7. The Committee notes the Government’s indication that three collective agreements were signed in 2008 (in the banking sector, the port sector and the energy sector, covering 213 workers). The Committee further notes, from the Government’s report on the application of Convention No. 98, that one agreement was signed in 2006 in the agricultural sector, covering approximately 42 workers, and seven agreements were concluded in 2007 in the agricultural, banking and services sectors, covering approximately 779 workers.

Finally, with respect to the measures requested by the Committee to promote collective bargaining in those sectors where it does not exist (commerce, domestic work and transport), the Committee had noted the Government’s indication that the promotion of collective bargaining resulted in a trade union seeking representational rights among workers from two companies (from the transport sector and from the commerce sector) and that a survey and a poll had respectively been conducted by the tripartite body in these companies. The Committee requests the Government to inform it of the progress respecting these developments.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 5 of the Convention. In its previous comments, the Committee had requested the Government to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, which provides that the tripartite body entrusted with the certification of the representative trade unions may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees therefrom in order to render the unit more appropriate. The Committee had noted that, according to the Government, the Committee’s comments had been submitted to the Labour Advisory Board, which had been recently reactivated and one of whose main duties is to review national labour legislation. In these circumstances, the Committee expresses the hope that section 25 of the Act will soon be amended so as to ensure that the tripartite body will base its decisions on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse. It requests the Government to provide a copy of the new legislation once it is adopted.

Article 7. The Committee notes the Government’s indication that three collective agreements were signed in 2008 (in the banking sector, the port sector and the energy sector, covering 213 workers). The Committee further notes, from the Government’s report on the application of Convention No. 98, that one agreement was signed in 2006 in the agricultural sector, covering approximately 42 workers, and seven agreements were concluded in 2007 in the agricultural, banking and services sectors, covering approximately 779 workers.

Finally, with respect to the measures requested by the Committee to promote collective bargaining in those sectors where it does not exist (commerce, domestic work and transport), the Committee had noted the Government’s indication that the promotion of collective bargaining resulted in a trade union seeking representational rights among workers from two companies (from the transport sector and from the commerce sector) and that a survey and a poll had respectively been conducted by the tripartite body in these companies. The Committee requests the Government to inform it of the progress respecting these developments.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2009.

Repetition

Article 5 of the Convention. In its previous comments, the Committee had requested the Government to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, which provides that the tripartite body entrusted with the certification of the representative trade unions may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees therefrom in order to render the unit more appropriate. The Committee had noted that, according to the Government, the Committee’s comments had been submitted to the Labour Advisory Board, which had been recently reactivated and one of whose main duties is to review national labour legislation. In these circumstances, the Committee expresses the hope that section 25 of the Act will soon be amended so as to ensure that the tripartite body will base its decisions on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse. It requests the Government to provide a copy of the new legislation once it is adopted.

Article 7. The Committee notes the Government’s indication that three collective agreements were signed in 2008 (in the banking sector, the port sector and the energy sector, covering 213 workers). The Committee further notes, from the Government’s report on the application of Convention No. 98, that one agreement was signed in 2006 in the agricultural sector, covering approximately 42 workers, and seven agreements were concluded in 2007 in the agricultural, banking and services sectors, covering approximately 779 workers.

Finally, with respect to the measures requested by the Committee to promote collective bargaining in those sectors where it does not exist (commerce, domestic work and transport), the Committee had noted the Government’s indication that the promotion of collective bargaining resulted in a trade union seeking representational rights among workers from two companies (from the transport sector and from the commerce sector) and that a survey and a poll had respectively been conducted by the tripartite body in these companies. The Committee requests the Government to inform it of the progress respecting these developments.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2009. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 5 of the Convention. In its previous comments, the Committee had requested the Government to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, which provides that the tripartite body entrusted with the certification of the representative trade unions may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees therefrom in order to render the unit more appropriate. The Committee had noted that, according to the Government, the Committee’s comments had been submitted to the Labour Advisory Board, which had been recently reactivated and one of whose main duties is to review national labour legislation. In these circumstances, the Committee expresses the hope that section 25 of the Act will soon be amended so as to ensure that the tripartite body will base its decisions on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse. It requests the Government to provide a copy of the new legislation once it is adopted.

Article 7. The Committee notes the Government’s indication that three collective agreements were signed in 2008 (in the banking sector, the port sector and the energy sector, covering 213 workers). The Committee further notes, from the Government’s report on the application of Convention No. 98, that one agreement was signed in 2006 in the agricultural sector, covering approximately 42 workers, and seven agreements were concluded in 2007 in the agricultural, banking and services sectors, covering approximately 779 workers.

Finally, with respect to the measures requested by the Committee to promote collective bargaining in those sectors where it does not exist (commerce, domestic work and transport), the Committee had noted the Government’s indication that the promotion of collective bargaining resulted in a trade union seeking representational rights among workers from two companies (from the transport sector and from the commerce sector) and that a survey and a poll had respectively been conducted by the tripartite body in these companies. The Committee requests the Government to inform it of the progress respecting these developments.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. In its previous comments, the Committee had requested the Government to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, which provides that the tripartite body entrusted with the certification of the representative trade unions may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees therefrom in order to render the unit more appropriate. The Committee had noted that, according to the Government, the Committee’s comments had been submitted to the Labour Advisory Board, which had been recently reactivated and one of whose main duties is to review national labour legislation. In these circumstances, the Committee expresses the hope that section 25 of the Act will soon be amended so as to ensure that the tripartite body will base its decisions on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse. It requests the Government to provide a copy of the new legislation once it is adopted.

Article 7. The Committee notes the Government’s indication that three collective agreements were signed in 2008 (in the banking sector, the port sector and the energy sector, covering 213 workers). The Committee further notes, from the Government’s report on the application of Convention No. 98, that one agreement was signed in 2006 in the agricultural sector, covering approximately 42 workers, and seven agreements were concluded in 2007 in the agricultural, banking and services sectors, covering approximately 779 workers.

Finally, with respect to the measures requested by the Committee to promote collective bargaining in those sectors where it does not exist (commerce, domestic work and transport), the Committee had noted the Government’s indication that the promotion of collective bargaining resulted in a trade union seeking representational rights among workers from two companies (from the transport sector and from the commerce sector) and that a survey and a poll had respectively been conducted by the tripartite body in these companies. The Committee requests the Government to inform it of the progress respecting these development

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. In its previous comments, the Committee had requested the Government to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, which provides that the tripartite body entrusted with the certification of the representative trade unions may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees therefrom in order to render the unit more appropriate. The Committee had noted that, according to the Government, the Committee’s comments had been submitted to the Labour Advisory Board, which had been recently reactivated and one of whose main duties is to review national labour legislation. In these circumstances, the Committee expresses the hope that section 25 of the Act will soon be amended so as to ensure that the tripartite body will base its decisions on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse. It requests the Government to provide a copy of the new legislation once it is adopted.

Article 7. The Committee notes the Government’s indication that three collective agreements were signed in 2008 (in the banking sector, the port sector and the energy sector, covering 213 workers). The Committee further notes, from the Government’s report on the application of Convention No. 98, that one agreement was signed in 2006 in the agricultural sector, covering approximately 42 workers, and seven agreements were concluded in 2007 in the agricultural, banking and services sectors, covering approximately 779 workers.

Finally, with respect to the measures requested by the Committee to promote collective bargaining in those sectors where it does not exist (commerce, domestic work and transport), the Committee had noted the Government’s indication that the promotion of collective bargaining resulted in a trade union seeking representational rights among workers from two companies (from the transport sector and from the commerce sector) and that a survey and a poll had respectively been conducted by the tripartite body in these companies. The Committee requests the Government to inform it of the progress respecting these developments.

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

The Committee notes 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 comments.

Repetition

Article 5 of the Convention. In its previous comments, the Committee had requested the Government to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, which provides that the tripartite body entrusted with the certification of the representative trade unions may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees therefrom in order to render the unit more appropriate. The Committee notes that, according to the Government, the Committee’s comments had been submitted to the Labour Advisory Board, which had been recently reactivated and one of whose main duties is to review national labour legislation. In these circumstances, the Committee expresses the hope that section 25 of the Act will soon be amended so as to ensure that the tripartite body will base its decisions on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse. It requests the Government to provide a copy of the new legislation once it is adopted.

Article 7. The Committee notes the Government’s indication that three collective agreements were signed in 2008 (in the banking sector, the port sector and the energy sector, covering 213 workers). The Committee further notes, from the Government’s report on the application of Convention No. 98, that one agreement was signed in 2006 in the agricultural sector, covering approximately 42 workers, and seven agreements were concluded in 2007 in the agricultural, banking and services sectors, covering approximately 779 workers.

Finally, with respect to the measures requested by the Committee to promote collective bargaining in those sectors where it does not exist (commerce, domestic work and transport), the Committee notes the Government’s indication that the promotion of collective bargaining resulted in a trade union seeking representational rights among workers from two companies (from the transport sector and from the commerce sector) and that a survey and a poll had respectively been conducted by the tripartite body in these companies. The Committee requests the Government to inform it of the progress respecting these developments.

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

Article 5 of the Convention. In its previous comments, the Committee had requested the Government to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, which provides that the tripartite body entrusted with the certification of the representative trade unions may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees therefrom in order to render the unit more appropriate. The Committee notes that, according to the Government, the Committee’s comments had been submitted to the Labour Advisory Board, which had been recently reactivated and one of whose main duties is to review national labour legislation. In these circumstances, the Committee expresses the hope that section 25 of the Act will soon be amended so as to ensure that the tripartite body will base its decisions on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse. It requests the Government to provide a copy of the new legislation once it is adopted.

Article 7. The Committee notes the Government’s indication that three collective agreements were signed in 2008 (in the banking sector, the port sector and the energy sector, covering 213 workers). The Committee further notes, from the Government’s report on the application of Convention No. 98, that one agreement was signed in 2006 in the agricultural sector, covering approximately 42 workers, and seven agreements were concluded in 2007 in the agricultural, banking and services sectors, covering approximately 779 workers.

Finally, with respect to the measures requested by the Committee to promote collective bargaining in those sectors where it does not exist (commerce, domestic work and transport), the Committee notes the Government’s indication that the promotion of collective bargaining resulted in a trade union seeking representational rights among workers from two companies (from the transport sector and from the commerce sector) and that a survey and a poll had respectively been conducted by the tripartite body in these companies. The Committee requests the Government to inform it of the progress respecting these developments.

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

Article 5 of the Convention. The Committee recalls that under section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, the tripartite body entrusted with the certification of the representative trade unions has the authority, prior to deciding the issue of representativeness, to determine the suitability of the bargaining unit in respect of which an application for certification has been made, taking into account the community of interests among the employees in the bargaining unit, the nature, type and scope of their duties and any view expressed by the employer, the trade union or the employees. Section 25(3) provides that the tripartite body may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees therefrom in order to render the unit more appropriate. The Committee considers that section 25 gives the tripartite body excessive discretion in deciding how to define a bargaining unit, a question that should be left to the workers’ organizations and employers concerned.

The Committee notes the Government’s indication that there has been no change in the legislation examined and that it will inform the Committee of any future change. The Committee recalls that where the employer must recognize the existing trade union under a system of compulsory recognition, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse (General Survey of 1994 on freedom of association and collective bargaining, paragraph 240) in particular, through the use of vague and abstract expressions like “suitability” or “community of interests”. The Committee therefore requests the Government to take all necessary measures as soon as possible in order to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principles.

The Committee raises other points on the collective bargaining rights of those unions that are not supported by at least 51 per cent of the employees comprising the unit (section 27(2) of the Act) in its examination of the application of Convention No. 98.

Article 7. The Committee notes the Government’s indication that one collective agreement was signed in 2006 (in the citrus industry, covering 42 workers) and seven more in 2007 (in the sugar industry and the banking and services sectors, covering 779 workers).

Finally, with respect to the measures requested by the Committee to promote collective bargaining in those sectors where it does not exist (commerce, domestic work and transport), the Committee notes the Government’s indication that collective bargaining is promoted through labour education, especially through promotion of trade unionism and the trade union’s functions. The Committee requests the Government to communicate the results of these measures of promotion of collective bargaining in these sectors.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

1. Article 5 of the Convention. The Committee notes that under section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, the tripartite body entrusted with the certification of the representative trade unions has the authority prior to deciding the issue of representativeness, to determine the suitability of the bargaining unit in respect of which an application for certification has been made, taking into account the community of interests among the employees in the bargaining unit, the nature, type and scope of their duties and any view expressed by the employer, the trade union or the employees. The Committee also notes that according to section 25(3), the tripartite body may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees there from in order to make the unit more suitable as a bargaining unit. The Committee considers that section 25 gives the tripartite body excessive discretion in deciding how to define a bargaining unit, a question which should be left to the workers’ organizations and employers concerned, and thereby does not afford adequate safeguards against interference in the process of certification. The Committee recalls that where the employer must recognize the existing trade union under a system of compulsory recognition, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse (General Survey of 1994 on freedom of association and collective bargaining, paragraph 240) in particular, through the use of vague and abstract expressions like “suitability” or “community of interests”. The Committee therefore requests the Government to take all necessary measures as soon as possible in order to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principles.

2. The Committee also notes that according to section 27(2) of the Act the tripartite body shall certify the trade union as representative if the results of a survey show that the trade union is supported by at least 51 per cent of the employees comprising the unit. In this respect, the Committee considers that problems may arise when the law stipulates that a trade union must receive the support of more than 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent, since a majority union which fails to secure this absolute majority is thus denied the possibility of bargaining. The Committee considers that when no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members (General Survey, op. cit., paragraph 241). The Committee therefore requests the Government to take all necessary measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principle.

3. The Committee finally notes from the Government’s information that the only branches of activity where collective bargaining has not been made possible are commerce, domestics and transport. The Committee requests the Government to indicate any measures taken or contemplated in order to promote collective bargaining in these sectors.

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

The Committee notes 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:

1. Article 5 of the Convention. The Committee notes that under section 25 of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act, the tripartite body entrusted with the certification of the representative trade unions has the authority prior to deciding the issue of representativeness, to determine the suitability of the bargaining unit in respect of which an application for certification has been made, taking into account the community of interests among the employees in the bargaining unit, the nature, type and scope of their duties and any view expressed by the employer, the trade union or the employees. The Committee also notes that according to section 25(3), the tripartite body may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees there from in order to make the unit more suitable as a bargaining unit. The Committee considers that section 25 gives the tripartite body excessive discretion in deciding how to define a bargaining unit, a question which should be left to the workers’ organizations and employers concerned, and thereby does not afford adequate safeguards against interference in the process of certification. The Committee recalls that where the employer must recognize the existing trade union under a system of compulsory recognition, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse (General Survey of 1994 on freedom of association and collective bargaining, paragraph 240) in particular, through the use of vague and abstract expressions like “suitability” or “community of interests”. The Committee therefore requests the Government to take all necessary measures as soon as possible in order to amend section 25 of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act in accordance with the above principles.

2. The Committee also notes that according to section 27(2) of the Act the tripartite body shall certify the trade union as representative if the results of a survey show that the trade union is supported by at least 51 per cent of the employees comprising the unit. In this respect, the Committee considers that problems may arise when the law stipulates that a trade union must receive the support of more than 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent, since a majority union which fails to secure this absolute majority is thus denied the possibility of bargaining. The Committee considers that when no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members (General Survey, op. cit., paragraph 241). The Committee therefore requests the Government to take all necessary measures to amend section 27(2) of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act in accordance with the above principle.

3. The Committee finally notes from the Government’s information that the only branches of activity where collective bargaining has not been made possible are commerce, domestics and transport. The Committee requests the Government to indicate any measures taken or contemplated in order to promote collective bargaining in these sectors.

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

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:

1. Article 5 of the Convention. The Committee notes that under section 25 of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act, the tripartite body entrusted with the certification of the representative trade unions has the authority prior to deciding the issue of representativeness, to determine the suitability of the bargaining unit in respect of which an application for certification has been made, taking into account the community of interests among the employees in the bargaining unit, the nature, type and scope of their duties and any view expressed by the employer, the trade union or the employees. The Committee also notes that according to section 25(3), the tripartite body may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees therefrom in order to make the unit more suitable as a bargaining unit. The Committee considers that section 25 gives the tripartite body excessive discretion in deciding how to define a bargaining unit, a question which should be left to the workers’ organizations and employers concerned, and thereby does not afford adequate safeguards against interference in the process of certification. The Committee recalls that where the employer must recognize the existing trade union under a system of compulsory recognition, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse (General Survey of 1994 on freedom of association and collective bargaining, paragraph 240) in particular, through the use of vague and abstract expressions like "suitability" or "community of interests". The Committee therefore requests the Government to take all necessary measures as soon as possible in order to amend section 25 of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act in accordance with the above principles.

2. The Committee also notes that according to section 27(2) of the Act the tripartite body shall certify the trade union as representative if the results of a survey show that the trade union is supported by at least 51 per cent of the employees comprising the unit. In this respect, the Committee considers that problems may arise when the law stipulates that a trade union must receive the support of more than 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent, since a majority union which fails to secure this absolute majority is thus denied the possibility of bargaining. The Committee considers that when no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members (General Survey, op. cit., paragraph 241). The Committee therefore requests the Government to take all necessary measures to amend section 27(2) of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act in accordance with the above principle.

3. The Committee finally notes from the Government’s information that the only branches of activity where collective bargaining has not been made possible are commerce, domestics and transport. The Committee requests the Government to indicate any measures taken or contemplated in order to promote collective bargaining in these sectors.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes 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:

1. Article 5 of the Convention. The Committee notes that under section 25 of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act, the tripartite body entrusted with the certification of the representative trade unions has the authority prior to deciding the issue of representativeness, to determine the suitability of the bargaining unit in respect of which an application for certification has been made, taking into account the community of interests among the employees in the bargaining unit, the nature, type and scope of their duties and any view expressed by the employer, the trade union or the employees. The Committee also notes that according to section 25(3), the tripartite body may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees therefrom in order to make the unit more suitable as a bargaining unit. The Committee considers that section 25 gives the tripartite body excessive discretion in deciding how to define a bargaining unit, a question which should be left to the workers’ organizations and employers concerned, and thereby does not afford adequate safeguards against interference in the process of certification. The Committee recalls that where the employer must recognize the existing trade union under a system of compulsory recognition, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse (General Survey of 1994 on freedom of association and collective bargaining, paragraph 240) in particular, through the use of vague and abstract expressions like "suitability" or "community of interests". The Committee therefore requests the Government to take all necessary measures as soon as possible in order to amend section 25 of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act in accordance with the above principles.

2. The Committee also notes that according to section 27(2) of the Act the tripartite body shall certify the trade union as representative if the results of a survey show that the trade union is supported by at least 51 per cent of the employees comprising the unit. In this respect, the Committee considers that problems may arise when the law stipulates that a trade union must receive the support of more than 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent, since a majority union which fails to secure this absolute majority is thus denied the possibility of bargaining. The Committee considers that when no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members (General Survey, op. cit. paragraph 241). The Committee therefore requests the Government to take all necessary measures to amend section 27(2) of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act in accordance with the above principle.

3. The Committee finally notes from the Government’s report that the only branches of activity where collective bargaining has not been made possible are commerce, domestics and transport. The Committee requests the Government to indicate any measures taken or contemplated in order to promote collective bargaining in these sectors.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s first report.

1. Article 5 of the Convention. The Committee notes that under section 25 of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act, the tripartite body entrusted with the certification of the representative trade unions has the authority prior to deciding the issue of representativeness, to determine the suitability of the bargaining unit in respect of which an application for certification has been made, taking into account the community of interests among the employees in the bargaining unit, the nature, type and scope of their duties and any view expressed by the employer, the trade union or the employees. The Committee also notes that according to section 25(3), the tripartite body may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees therefrom in order to make the unit more suitable as a bargaining unit. The Committee considers that section 25 gives the tripartite body excessive discretion in deciding how to define a bargaining unit, a question which should be left to the workers’ organizations and employers concerned, and thereby does not afford adequate safeguards against interference in the process of certification. The Committee recalls that where the employer must recognize the existing trade union under a system of compulsory recognition, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse (General Survey of 1994 on freedom of association and collective bargaining, paragraph 240) in particular, through the use of vague and abstract expressions like "suitability" or "community of interests". The Committee therefore requests the Government to take all necessary measures as soon as possible in order to amend section 25 of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act in accordance with the above principles.

2. The Committee also notes that according to section 27(2) of the Act the tripartite body shall certify the trade union as representative if the results of a survey show that the trade union is supported by at least 51 per cent of the employees comprising the unit. In this respect, the Committee considers that problems may arise when the law stipulates that a trade union must receive the support of more than 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent, since a majority union which fails to secure this absolute majority is thus denied the possibility of bargaining. The Committee considers that when no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members (General Survey, op. cit. paragraph 241). The Committee therefore requests the Government to take all necessary measures to amend section 27(2) of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act in accordance with the above principle.

3. The Committee finally notes from the Government’s report that the only branches of activity where collective bargaining has not been made possible are commerce, domestics and transport. The Committee requests the Government to indicate any measures taken or contemplated in order to promote collective bargaining in these sectors.