Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bahamas (Ratification: 1976)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2 of the Convention. Adequate protection against acts of interference. In its previous comments, the Committee had requested the Government to take the necessary measures for the adoption of legislative provisions to protect workers’ and employers’ organizations against acts of interference by each other or each other’s agents, accompanied by effective and sufficiently dissuasive sanctions. While noting that the Government acknowledges the concerns of the Committee with regard to the absence of legislative provisions providing for protection against acts of interference, the Committee observes that it does not provide information on the measures envisaged in this regard. Recalling that it has been addressing this matter since 2013, the Committee firmly expects that the Government will provide information on the measures taken with a view to giving effect to Article 2 of the Convention without further delay. It requests the Government to provide information on any developments in this regard.

Article 4. Representativeness. In its previous comments, the Committee had noted that section 41 of the Industrial Relations Act (IRA) provides that in order for a trade union to be recognized for bargaining purposes, it must represent at least 50 per cent of workers of the bargaining unit, and recalled that under a system of designation of an exclusive bargaining agent, if no union represents the required percentage of workers to be declared the exclusive bargaining agent, collective bargaining rights should be granted to all the unions in the unit, jointly or separately, at least on behalf of their own members. While noting that the Government acknowledges the concerns of the Committee in this respect, it notes with regret that it does not provide any specific information on the measures taken or envisaged in order to align its legislation with the Convention. Recalling that it has been raising this issue since 2013, the Committee urges the Government to take all the necessary measures to review the IRA so as to bring it into line with the Convention. It requests the Government to provide information on any developments in this regard.

Right of prison guards to bargain collectively. In its previous comments, the Committee had noted that sections 39–40 of the Correctional Officers (Code of Conduct) Rules 2014, allowed the Bahamas Prison Officers Association (BPOA) to make representations to the Commissioner of the Department of Correctional Services in matters relating to the conditions and welfare of officers as a group. Noting that these provisions did not appear to provide collective bargaining rights to the BPOA, the Committee requested the Government to take the necessary steps to ensure that prison guards can fully enjoy the rights and guarantees set out in the Convention. The Committee notes with regret the Government’s indications that the above-mentioned provisions do not provide for the right of collective bargaining to the correctional officers and that there are no legislative discussions regarding the matter. Recalling once again that the right to bargain collectively also applies to prison staff, and that the establishment of a simple consultation procedures for public servants who are not engaged in the administration of the State is not sufficient, the Committee firmly expects that the Government will take the necessary measures, including legislative, to ensure that prison guards can fully enjoy the rights and guarantees set out in the Convention and provide information on any developments in this regard.

Collective bargaining in practice. The Committee further requests the Government to provide information on the number of collective agreements signed and in force in the country and to indicate the sector and the number of workers covered.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 2 of the Convention. Adequate protection against acts of interference. In its previous comments, the Committee had requested the Government to take the necessary measures for the adoption of legislative provisions to protect workers’ and employers’ organizations against acts of interference by each other or each other’s agents, accompanied by effective and sufficiently dissuasive sanctions. While noting that the Government acknowledges the concerns of the Committee with regard to the absence of legislative provisions providing for protection against acts of interference, the Committee observes that it does not provide information on the measures envisaged in this regard. Recalling that it has been addressing this matter since 2013, the Committee firmly expects that the Government will provide information on the measures taken with a view to giving effect to Article 2 of the Convention without further delay. It requests the Government to provide information on any developments in this regard.

Article 4. Representativeness. In its previous comments, the Committee had noted that section 41 of the Industrial Relations Act (IRA) provides that in order for a trade union to be recognized for bargaining purposes, it must represent at least 50 per cent of workers of the bargaining unit, and recalled that under a system of designation of an exclusive bargaining agent, if no union represents the required percentage of workers to be declared the exclusive bargaining agent, collective bargaining rights should be granted to all the unions in the unit, jointly or separately, at least on behalf of their own members. While noting that the Government acknowledges the concerns of the Committee in this respect, it notes with regret that it does not provide any specific information on the measures taken or envisaged in order to align its legislation with the Convention. Recalling that it has been raising this issue since 2013, the Committee urges the Government to take all the necessary measures to review the IRA so as to bring it into line with the Convention. It requests the Government to provide information on any developments in this regard.

Right of prison guards to bargain collectively. In its previous comments, the Committee had noted that sections 39–40 of the Correctional Officers (Code of Conduct) Rules 2014, allowed the Bahamas Prison Officers Association (BPOA) to make representations to the Commissioner of the Department of Correctional Services in matters relating to the conditions and welfare of officers as a group. Noting that these provisions did not appear to provide collective bargaining rights to the BPOA, the Committee requested the Government to take the necessary steps to ensure that prison guards can fully enjoy the rights and guarantees set out in the Convention. The Committee notes with regret the Government’s indications that the above-mentioned provisions do not provide for the right of collective bargaining to the correctional officers and that there are no legislative discussions regarding the matter. Recalling once again that the right to bargain collectively also applies to prison staff, and that the establishment of a simple consultation procedures for public servants who are not engaged in the administration of the State is not sufficient, the Committee firmly expects that the Government will take the necessary measures, including legislative, to ensure that prison guards can fully enjoy the rights and guarantees set out in the Convention and provide information on any developments in this regard.

Collective bargaining in practice. The Committee further requests the Government to provide information on the number of collective agreements signed and in force in the country and to indicate the sector and the number of workers covered.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee welcomes the adoption of the National Tripartite Council Act, 2015, aimed at improving the collective bargaining machinery and efficiency of collective agreements, as well as the first meeting of the National Tripartite Council, in which the Government and the social partners discussed matters pertinent to the welfare of workers.

The Committee notes the Government’s indication that the most recent amendment to the Industrial Relations Act (IRA) occurred in 2012, and observes with regret that it does not address the concerns raised in its previous observation.

Article 2 of the Convention. Adequate protection against acts of interference. In its previous comments, the Committee requested the Government to take the necessary measures for the adoption of legislative provisions to protect workers’ and employers’ organizations against acts of interference by each other or each other’s agents, accompanied by effective and sufficiently dissuasive sanctions. The Committee notes that the Government merely reiterates that the IRA is designed to prevent the risk of interference and provide protection to workers and union organizations against such acts. The Committee requests the Government to take the necessary measures to review the IRA with a view to giving effect to Article 2 of the Convention without further delay, and to provide information on any developments in this regard.

Article 4. Representativeness. The Committee had previously commented on the requirement to represent 50 per cent of workers of the bargaining unit to be recognized for bargaining purposes (section 41 of the IRA). The Committee reiterates that under a system of the designation of an exclusive bargaining agent, if no union represents the required percentage of workers to be declared the exclusive bargaining agent, collective bargaining rights should be granted to all the unions in the unit, jointly or separately, at least on behalf of their own members. The Committee requests the Government once again to take the necessary measures to review the IRA so as to bring it into line with the Convention.

Right of prison guards to bargain collectively. In its previous comments, the Committee requested the Government to indicate whether the Bahamas Prison Officers Association (BPOA) enjoyed the collective bargaining rights under the Convention, and, if so, to provide a copy of a collective agreement to which this organization was a signatory or to indicate whether discussions or negotiations were under way. The Committee notes the Government’s reference to the Correctional Officers (Code of Conduct) Rules, 2014, which allow the BPOA to make representations to the Commissioner of the Department of Correctional Services in matters relating to the conditions and welfare of officers as a group (sections 39–40). Noting that these provisions do not appear to provide collective bargaining rights to the BPOA, the Committee recalls that the right to bargain collectively also applies to prison staff, and that under this Convention the establishment of simple consultation procedures for public servants who are not engaged in the administration of the State is not sufficient. The Committee requests the Government to take the necessary measures, including legislative, to ensure that prison guards can fully enjoy the rights and guarantees set out in the Convention and provide information on any developments in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee welcomes the adoption of the National Tripartite Council Act, 2015, aimed at improving the collective bargaining machinery and efficiency of collective agreements, as well as the first meeting of the National Tripartite Council, in which the Government and the social partners discussed matters pertinent to the welfare of workers.

The Committee notes the Government’s indication that the most recent amendment to the Industrial Relations Act (IRA) occurred in 2012, and observes with regret that it does not address the concerns raised in its previous observation.

Article 2 of the Convention. Adequate protection against acts of interference. In its previous comments, the Committee requested the Government to take the necessary measures for the adoption of legislative provisions to protect workers’ and employers’ organizations against acts of interference by each other or each other’s agents, accompanied by effective and sufficiently dissuasive sanctions. The Committee notes that the Government merely reiterates that the IRA is designed to prevent the risk of interference and provide protection to workers and union organizations against such acts. The Committee requests the Government to take the necessary measures to review the IRA with a view to giving effect to Article 2 of the Convention without further delay, and to provide information on any developments in this regard.

Article 4. Representativeness. The Committee had previously commented on the requirement to represent 50 per cent of workers of the bargaining unit to be recognized for bargaining purposes (section 41 of the IRA). The Committee reiterates that under a system of the designation of an exclusive bargaining agent, if no union represents the required percentage of workers to be declared the exclusive bargaining agent, collective bargaining rights should be granted to all the unions in the unit, jointly or separately, at least on behalf of their own members. The Committee requests the Government once again to take the necessary measures to review the IRA so as to bring it into line with the Convention.

Right of prison guards to bargain collectively. In its previous comments, the Committee requested the Government to indicate whether the Bahamas Prison Officers Association (BPOA) enjoyed the collective bargaining rights under the Convention, and, if so, to provide a copy of a collective agreement to which this organization was a signatory or to indicate whether discussions or negotiations were under way. The Committee notes the Government’s reference to the Correctional Officers (Code of Conduct) Rules, 2014, which allow the BPOA to make representations to the Commissioner of the Department of Correctional Services in matters relating to the conditions and welfare of officers as a group (sections 39–40). Noting that these provisions do not appear to provide collective bargaining rights to the BPOA, the Committee recalls that the right to bargain collectively also applies to prison staff, and that under this Convention the establishment of simple consultation procedures for public servants who are not engaged in the administration of the State is not sufficient. The Committee requests the Government to take the necessary measures, including legislative, to ensure that prison guards can fully enjoy the rights and guarantees set out in the Convention and provide information on any developments in this regard.

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

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 16 September 2013, which refer to matters previously examined by the Committee.

Article 2 of the Convention. Protection against acts of interference. The Committee had previously requested the Government to adopt legislative provisions to protect workers’ and employers’ organizations against acts of interference by each other or each other’s agents, accompanied by effective and sufficiently dissuasive sanctions. In this respect, it notes that in its report, the Government indicates that several provisions of the Industrial Relations Act, Chapter 321 of the Statute Law of the Bahamas (IRA) are designed to prevent or minimise the risk of acts of interference and that this protection will be further strengthened through the adoption of the Trade Unions and Industrial Relations Bill, 2000. The Committee recalls that legislative provisions for the protection of organizations against acts of interference need to be specific and cover all acts of interference referred to in Article 2 of the Convention, and that they need to be accompanied by efficient procedures and sanctions to ensure their implementation in practice. The Committee therefore requests the Government to take the necessary measures for the adoption of such legislative provisions without further delay, either through the amendment of the IRA or the adoption of the abovementioned Bill.

Article 4. Representativeness. The Committee previously noted the comments made by the ITUC criticizing the requirement for a trade union to represent 50 per cent of the workers plus one in a unit in order to be recognized for bargaining purposes and the fact that an employer may, after 12 months of unsuccessful negotiations, apply for a union’s recognition to be revoked. The Committee notes with interest that section 43 of the IRA has been amended so as to repeal the right of an employer to make such an application. Concerning the requirement to represent 50 per cent of workers of the bargaining unit (section 41 of the IRA), the Committee had considered that this threshold was excessive and that if no union represented the abovementioned percentage, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their own members. The Committee therefore requests the Government to take the necessary measures to amend the IRA so as to bring it into conformity with the Convention. It requests the Government to provide information on all measures taken or envisaged in this regard.

Right of prison guards to bargain collectively. With regard to prison guards’ right to organize and to bargain collectively, the Committee notes the Government’s indication that qualified officers enjoy an unrestricted right to join the organization formed to protect and promote their interests, namely the Prison Officers Association (BPOA), and that they are able to collectively express their concerns to the Government on their working conditions. The Committee requests the Government to indicate whether the BPOA enjoys the collective bargaining rights under the Convention, and, if that is the case, to provide a copy of a collective agreement to which this organization is a signatory or to indicate whether discussions or negotiations are under way.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Prison guards. In its previous comments, the Committee had noted the Government’s statement to the effect that measures to allow for the organization of prison guards were currently under consideration and that it was envisaged to review the relevant provision. The Committee expressed the hope that, as the Government stated that amendments to the Industrial Relations Act (IRA) were under review, the future legislation would recognize prison guards’ right to organize and to collective bargaining and asked the Government to inform it of developments in this regard.

Fire brigade workers. The Committee had further noted the Government’s view that, as far as the fire brigade was concerned, it was not desirable that its members be allowed to organize in view of the fact that it consisted exclusively of police officers, that is members of a disciplined force, who doubled as trained firefighters. The Committee had requested the Government to clarify whether they were police agents which also had functions of firefighters or whether they were exclusively firefighters covered by police status.

Other questions. The Committee had also regretted to note that the Government had not replied to the questions raised in its previous comments concerning Article 2 of the Convention (acts of interference). The Committee had requested the Government to adopt legislative provisions to protect workers’ and employers’ organizations against acts of interference by each other or each other’s agents, accompanied by effective and sufficiently dissuasive sanctions. In a previous comment, the Committee had noted the Government’s indication that provisions strengthening this protection were contained in the Trade Unions and Industrial Relations Bill, 2000, a copy of which would be sent to the ILO after its adoption by the Legislative Assembly. The Committee expressed the hope that the future legislation would guarantee an adequate protection against acts of interference and had requested the Government to keep it informed in this respect.

Representativeness for collective bargaining. The Committee had also taken note of the comments on the application of the Convention submitted by the International Trade Union Confederation (ITUC) criticizing the requirement for a trade union to represent 50 per cent of the workers plus one in a unit in order to be recognized for bargaining purposes and the fact that an employer may, after 12 months of unsuccessful negotiations, apply for a union’s recognition to be revoked (with some employers deliberately dragging out negotiations for that purpose). The ITUC added that the Government had failed to honour industrial agreements. The Committee requested the Government to send its comments on the ITUC’s observations.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes the comments made by the ITUC dated 31 July 2012 which refer mostly to matters previously examined by the Committee.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

Repetition

Prison guards. In its previous comments, the Committee had noted the Government’s statement to the effect that measures to allow for the organization of prison guards were currently under consideration and that it was envisaged to review the relevant provision. The Committee expressed the hope that, as the Government stated that amendments to the Industrial Relations Act (IRA) were under review, the future legislation would recognize prison guards’ right to organize and to collective bargaining and asked the Government to inform it of developments in this regard.

Fire brigade workers. The Committee had further noted the Government’s view that, as far as the fire brigade was concerned, it was not desirable that its members be allowed to organize in view of the fact that it consisted exclusively of police officers, that is members of a disciplined force, who doubled as trained firefighters. The Committee had requested the Government to clarify whether they were police agents which also had functions of firefighters or whether they were exclusively firefighters covered by police status.

Other questions. The Committee had also regretted to note that the Government had not replied to the questions raised in its previous comments concerning Article 2 of the Convention (acts of interference). The Committee had requested the Government to adopt legislative provisions to protect workers’ and employers’ organizations against acts of interference by each other or each other’s agents, accompanied by effective and sufficiently dissuasive sanctions. In a previous comment, the Committee had noted the Government’s indication that provisions strengthening this protection were contained in the Trade Unions and Industrial Relations Bill, 2000, a copy of which would be sent to the ILO after its adoption by the Legislative Assembly. The Committee expressed the hope that the future legislation would guarantee an adequate protection against acts of interference and had requested the Government to keep it informed in this respect.

Representativeness for collective bargaining. The Committee had also taken note of the comments on the application of the Convention submitted by the International Trade Union Confederation (ITUC) criticizing the requirement for a trade union to represent 50 per cent of the workers plus one in a unit in order to be recognized for bargaining purposes and the fact that an employer may, after 12 months of unsuccessful negotiations, apply for a union’s recognition to be revoked (with some employers deliberately dragging out negotiations for that purpose). The ITUC added that the Government had failed to honour industrial agreements. The Committee requested the Government to send its comments on the ITUC’s observations.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Finally, the Committee notes the comments submitted by the ITUC, dated 4 August 2011, which refer to matters previously examined by the Committee.

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

The Committee notes the comments on the application of the Convention submitted by the International Trade Union Confederation (ITUC) dated 30 September 2009, which refer to matters previously raised by the Committee.

Prison guards. In its previous comments, the Committee had noted the Government’s statement to the effect that measures to allow for the organization of prison guards were currently under consideration and that it was envisaged to review the relevant provision. The Committee expressed the hope that, as the Government stated that amendments to the Industrial Relations Act (IRA) were under review, the future legislation would recognize prison guards’ right to organize and to collective bargaining and asked the Government to inform it of developments in this regard.

Fire brigade workers. The Committee had further noted the Government’s view that, as far as the fire brigade was concerned, it was not desirable that its members be allowed to organize in view of the fact that it consisted exclusively of police officers, that is members of a disciplined force, who doubled as trained firefighters. The Committee had requested the Government to clarify whether they were police agents which also had functions of firefighters or whether they were exclusively firefighters covered by police status.

Other questions. The Committee had also regretted to note that the Government had not replied to the questions raised in its previous comments concerning Article 2 of the Convention (acts of interference). The Committee had requested the Government to adopt legislative provisions to protect workers’ and employers’ organizations against acts of interference by each other or each other’s agents, accompanied by effective and sufficiently dissuasive sanctions. In a previous comment, the Committee had noted the Government’s indication that provisions strengthening this protection were contained in the Trade Unions and Industrial Relations Bill, 2000, a copy of which would be sent to the ILO after its adoption by the Legislative Assembly. The Committee expressed the hope that the future legislation would guarantee an adequate protection against acts of interference and had requested the Government to keep it informed in this respect.

Representativeness for collective bargaining. The Committee had also taken note of the comments on the application of the Convention submitted by the ITUC criticizing the requirement for a trade union to represent 50 per cent of the workers plus one in a unit in order to be recognized for bargaining purposes and the fact that an employer may, after 12 months of unsuccessful negotiations, apply for a union’s recognition to be revoked (with some employers deliberately dragging out negotiations for that purpose). The ITUC added that the Government had failed to honour industrial agreements. The Committee requested the Government to send its comments on the ITUC’s observations.

Regretting that the Government’s report contains no information concerning the issues raised in its previous comment, the Committee asks the Government to take the measures requested therein and to provide full information in this regard in its next report.

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

The Committee takes note of the Government’s report which replies to some of the comments submitted by the International Trade Union Confederation (ITUC).

Prison guards. The Committee notes the Government’s statement to the effect that measures to allow for the organization of prison guards are currently under consideration and that it is envisaged to review the relevant provision. The Committee hopes that, as the Government stated that amendments to the Industrial Relations Act (IRA) were under review, the future legislation will recognize prison guards’ right to organize and to collective bargaining. The Committee asks the Government to keep it informed in this regard.

Fire brigade workers. The Committee further notes the Government’s view that, as far as the fire brigade is concerned, it is not desirable that its members be allowed to organize in view of the fact that it consists exclusively of police officers, i.e. members of a disciplined force, who double as trained firefighters. The Committee requests the Government to clarify whether they are police agents which also have functions of firefighters or whether they are exclusively firefighters covered by police status.

Other questions. The Committee regrets to note that the Government has not replied to the questions raised in its previous comments concerning Article 2 of the Convention (acts of interference). The Committee had requested the Government to adopt legislative provisions to protect workers’ and employers’ organizations against acts of interference by each other or each other’s agents, accompanied by effective and sufficiently dissuasive sanctions. In a previous comment, the Committee had noted the Government’s indication that provisions strengthening this protection were contained in the Trade Unions and Industrial Relations Bill, 2000, a copy of which would be sent to the ILO after its adoption by the Legislative Assembly. The Committee hopes that the future legislation will guarantee an adequate protection against acts of interference and requests the Government to keep it informed in this respect.

Representativeness for collective bargaining. The Committee also takes note of the comments on the application of the Convention submitted by the ITUC criticizing the requirement for a trade union to represent 50 per cent of the workers plus one in a unit in order to be recognized for bargaining purposes and the fact that an employer may, after 12 months of unsuccessful negotiations, apply for a union’s recognition to be revoked (with some employers deliberately dragging out negotiations for that purpose). The ITUC adds that the Government has failed to honour industrial agreements. The Committee requests the Government to send its comments on the ITUC’s observations.

The Committee requests the Government to address, in its next report, all the points mentioned and hopes that it will be soon in a position to note significant improvements in the legislation.

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

The Committee notes the comments on the application of the Convention submitted by the International Confederation of Free Trade Unions (ICFTU) on 10 August 2006, which refer to the refusal of collective bargaining rights to the fire brigade and prison guards; the requirement for a trade union to represent a majority of workers in a unit to be recognized for bargaining purposes; and the fact that an employer may after 12 months apply for a union’s recognition to be revoked. The Committee requests the Government to submit its observations thereon.

The Committee will examine the questions raised in its 2005 comment (see 2005 direct request, 76th Session) under the regular reporting cycle in 2007.

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

The Committee takes note of the Government’s report.

Article 2 of the Convention. Acts of interference. In its previous comment, the Committee had requested the Government to adopt legislative provisions to protect workers’ and employers’ organizations against acts or interference by each other or each other’s agents, accompanied by effective and sufficiently dissuasive sanctions. The Committee had noted the Government’s indication that provisions strengthening this protection were contained in the Trade Unions and Industrial Relations Bill, 2000, a copy of which would be sent to the ILO after its adoption by the Legislative Assembly. Noting the Government’s indication that the Bahamas has not proceeded with the adoption of the Trade Unions and Industrial Relations Bill, 2000, the Committee hopes that the future legislation will be in full conformity with the requirements of the Convention and requests the Government to keep it informed in this respect.

Article 4 of the Convention. Compulsory arbitration in non-essential services. The Committee deals with this question in a direct request under Convention No. 87.

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

The Committee takes note of the Government’s reports.

Article 2 of the Convention. In its previous comment, the Committee had requested the Government to adopt legislative provisions to protect workers’ and employers’ organizations against acts or interference by each other or each other’s agents, accompanied by effective and sufficiently dissuasive sanctions. The Committee had noted the Government’s indication that provisions strengthening this protection were contained in the Trade Unions and Industrial Relations Bill, 2000, a copy of which would be sent to the ILO after its adoption by the Legislative Assembly. The Committee notes however that no reference to this Act has been made in the Government’s report. Therefore, the Committee requests the Government to inform it about the status of this Bill and hopes that these amendments will be adopted in the near future.

Article 4. The Committee had noted that, in non-essential services, either party may request that an unconciliated dispute be referred to the industrial tribunal (section 53-B of the Industrial Relations (Amendment) Act of 1996). The Committee had requested the Government to ensure through legislative measures that, except where the situation concerns essential services, such compulsory arbitration may only be initiated at the joint request of both parties. The Committee notes that the Government does not reply to the comments made on this matter and therefore requests the Government once again to provide in its next report information on measures taken in this respect.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the Government’s reports.

Article 1 of the Convention. The Committee notes the provisions of the Employment Protection Act, 2001 (articles 34-48) which further strengthen the protection of workers against acts of anti-union discrimination.

Article 2 of the Convention. The Committee had requested the Government to keep it informed of any progress made in adopting provisions, accompanied by effective and sufficiently dissuasive sanctions, adequately protecting workers’ organizations against acts of interference by employers or their organizations. The Government indicates that provisions strengthening this protection are contained in the Trade Unions and Industrial Relations Act, 2000, a copy of which will be sent to the ILO after its adoption by the Legislative Assembly. The Committee hopes that these amendments will be adopted soon and requests the Government to provide it with a copy of the Act once it is adopted.

Article 4 of the Convention. The Government indicates, in reply to the Committee’s request regarding arbitration of disputes in non-essential services, that either party may request that an unconciliated dispute in such services be referred to the tribunal. The Committee recalls in this respect that the voluntary negotiation of collective agreements is an essential element of the Convention and draws the Government’s attention to the principles developed in this respect (General Survey, paragraphs 257-259). It requests the Government to ensure through legislative measures that, except where the situation concerns essential services, the signing of a first collective agreement or a continued deadlock in negotiations, such compulsory arbitration may only be initiated at the joint request of both parties. The Committee requests the Government to provide in its next report information on measures taken in this respect.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the Government's report.

Article 2 of the Convention. The Committee notes that the Industrial Relations Act of 1996 contains no provisions providing protection to workers' organizations against acts of interference by employers or their organizations. The Committee recalls that countries which have ratified the Convention are under the obligation to take specific action, in particular through legislative means, to ensure respect for the guarantees laid down in Article 2 (see 1994 General Survey on freedom of association and collective bargaining, paragraph 230). The Committee therefore requests the Government to ensure that provisions, accompanied by effective and sufficiently dissuasive sanctions, are adopted which guarantee the adequate protection of workers' organizations against acts of interference in their establishment, functioning or administration and in particular against acts which are designed to promote the establishment of workers' organizations under the domination of employers' organizations, or to support workers' organizations by financial or other means, with the object of placing such organizations under the control of employers or employers' organizations. The Committee requests the Government to keep it informed of any progress made in this regard.

Article 4. The Committee requests the Government to indicate whether under section 53-B of the Industrial Relations (Amendment) Act of 1996 the industrial tribunal has the jurisdiction to hear disputes within a non-essential service referred with the consent of both parties or whether the consent of one party is sufficient.