Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - St Helena

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

Previous comment

Article 4 of the Convention. Legislative measures to promote collective bargaining in the private sector. The Committee in its previous comment observed that theEmployment Rights Ordinance does not contain specific provisions regulating collective bargaining and requested the Government to adopt legislative measures to promote collective bargaining in the private sector. The Committee observes that though the Government takes note of this, it does not provide information in this regard. The Committee therefore requests the Government once again to take concrete measures to promote collective bargaining in the private sector in accordance with Article 4 of the Convention and to provide information in this respect.

Articles 4 and 6. Collective bargaining in the public sector. The Committee in its previous comment noted the indication of the Government that the right to collective bargaining of public servants not engaged in the administration of the State was recognized through the establishment of the Employee Representative Committee (ERC). It requested the Government to provide information on the ongoing processes and related outcomes in this regard. The Committee notes the Government’s indication that the St Helena Public Service (SHPS) Leadership Team meets the St Helena Public Service Employment Rights Committee (SHPSERC) every quarter to discuss issues related to the Terms and Conditions of public servants in a ‘Partnership Forum’(PF) and that the SHPSERC successfully negotiated improvements to the Compassionate Leave and Redundancy policies. The Government adds that negotiations are ongoing to improve other policies relating to the terms and conditions of public service employees, including the review of the disciplinary, grievance, capability, and probation policies. The Committee observes that PF Guidelines indicate that the Government has agreed with the SHPERC on the key areas in which it will negotiate, including terms and conditions of employment relating to all employees within grades A to H. The Committee welcomes this information and requests the Government to continue providing details about the processes and outcomes of collective bargaining in the public sector.

Promotion of collective bargaining in practice. The Committee encourages the Government to continue to provide information on the measures taken, in accordance with Article 4 of the Convention, to promote collective bargaining in different sectors of the economy. The Committee also requests the Government to provide statistics on the number of collective agreements concluded and in force, the sectors concerned, and the number of workers covered by these agreements.

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

Article 4 of the Convention. Legislative measures to promote collective bargaining in the private sector. In its previous comment, the Committee has expressed concern over the fact that there are no collective agreements in force and requested the Government to take any necessary measures to encourage and promote the full development and utilization of collective bargaining and to provide information in this regard.

The Committee notes the Government’s indication that: (i) the lack of collective agreements is a reflection of the size and nature of the private sector employers on the island, and the low level of unemployment on the island, which entails that individual workers, particularly in small businesses, have more bargaining power than in other territories where they can easily be replaced; (ii) the working age population of St Helena is 2,851 people and there are only seven private sector employers with significant numbers of staff, and the remaining workers are employed in small businesses; (iii) there are no legislative or procedural obstacles to the regulation of terms and conditions of employment through collective agreements, in accordance with Article 4 of the Convention, as the Employment Rights Ordinance permits employees’ groups to be formed and the Equality and Human Rights Commission provides assistance to any group of employees who may wish to pursue collective negotiations. Noting that the Employment Rights Ordinance does not contain specific provisions regulating collective bargaining and recalling that, pursuant to Article 4, measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of collective bargaining, the Committee requests the Government to take legislative measures to promote collective bargaining in the private sector. The Committee requests the Government to provide information on any developments in this respect, hoping that it will be able to note tangible progress in the near future.

Articles 4 and 6. Collective bargaining in the public sector. The Committee takes due note that the Government indicates that an Employee Representative Committee has been established, which recognizes the right to collective bargaining to public employees. Recalling that, pursuant to Articles 4 and 6, the workers’ organizations representing the civil servants not engaged in the administration of the State should be able to negotiate the conditions of employment of their members, the Committee requests the Government to provide information on the collective bargaining processes taking place through the Employee Representative Committee and on its related outcomes.

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

Article 4 of the Convention. Collective bargaining in practice. The Committee notes the Government’s indication that there are no collective agreements in force, as well as its information regarding the establishment of a tripartite Employment Rights Committee to advise the Governor in Council on labour matters such as the hourly remuneration rate. The Committee, expressing its concern with this situation, requests the Government to take any necessary measures to encourage and promote the full development and utilization of collective bargaining in accordance with Article 4 of the Convention, and to provide information in this regard.

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

Article 4 of the Convention. Collective bargaining in practice. The Committee notes the Government’s report. The Committee requests the Government to indicate the number of collective agreements in force and the number of workers covered.