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NORMLEX Home > Country profiles > > Comments > All Comments

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Belize (Ratification: 1983)

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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
Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, the Committee recalled allegations by the International Trade Union Confederation (ITUC) of anti-union discrimination in the banana plantation sector and in export processing zones and requested the Government to ensure that the competent authorities take fully into account in their control and prevention activities the issue of anti-union discrimination, and that the workers in the country are fully informed of their rights regarding this issue. The Committee notes that the Government states that no acts of anti-union discrimination were denounced to the authorities in the above-mentioned sectors during the reporting period (July 2017 to June 2021). The Committee also notes the Government’s indication that its Labour Department has been closely monitoring these sectors by conducting inspections of workplaces to ensure that workers are adequately protected, including against acts of anti-union discrimination in respect of their employment. While it welcomes the information provided regarding the conduct of labour inspections, the Committee requests the Government to take all the necessary measures to ensure that Belizean workers are fully informed of their rights with respect to anti-union discrimination. The Committee requests the Government to provide information on any developments in this regard and to continue reporting on any statistics concerning the anti-union discrimination acts reported to the authorities.
Article 4. Promotion of collective bargaining. In its previous comments under the Collective Bargaining Convention, 1981 (No. 154), the Committee raised the need to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act (TUEOA), 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 the Government states that section 25 of the TUEOA was not amended but that discussions continue at the Labour Advisory Board and the Tripartite Body regarding the TUEOA, which is likely to be amalgamated with the Trade Unions Act. Taking note of the above, the Committee requests the Government to take the necessary measures to ensure that objective and pre-established criteria for the certification of the representative trade unions are provided under the new legislation. The Committee requests the Government to provide information of any progress made in this regard and to provide a copy of the text once adopted.
The Committee previously requested the Government to continue promoting social dialogue in order to bring section 27(2) of the TUEOA, which stipulates that a trade union may be certified as the bargaining agent if it is supported by at least 51 per cent of employees, into conformity with the Convention. The Committee notes that the Government states that no agreement was reached on any legislative changes in this regard, but that discussions continue at the Tripartite Body and the Labour Advisory Board regarding a proposed new Trade Union and Employers’ Organizations Act which would amalgamate the Trade Unions Act and the TUEOA. The Committee recalls that the requirement of too high a percentage for representativity to be authorized to engage in collective bargaining may hamper the promotion and development of free and voluntary collective bargaining within the meaning of the Convention (2012 General Survey on the fundamental Conventions, paragraph 233). Noting the Government’s indication that ten collective agreements covering a total of 1592 workers were concluded between 2007 and 2021, the Committee considers that the very low coverage of collective agreements in the country could appear to be related to the restrictive requirements to engage in collective bargaining contained in the legislation. In this regard, the Committee also recalls 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, at least on behalf of their own members (2012 General Survey on the fundamental Conventions, paragraph 234). The Committee requests the Government to take the necessary measures, within the framework of the discussions concerning the proposed new Trade Union and Employers’ Organizations Act, to bring its legislation into line with the Convention with respect to the representativity of bargaining agents. The Committee requests the Government to provide information on any developments in this regard and reminds it of the possibility to avail itself of ILO technical assistance.
Promotion of collective bargaining in practice. As already mentioned above, the Committee notes that the Government reports that the ten collective agreements reached between 2007 and 2021 were concluded in the energy, public services, port, communications, banking, food and municipal sectors, and that five of these agreements, including one which was renewed, were still in force at the end of the reporting period. The Committee requests the Government to continue providing information on the number of collective agreements signed and in force in the country, the sectors concerned and the number of workers covered by these agreements, and to report on any measures taken to promote the full development and utilization of collective bargaining under the Convention.

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

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

Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, the Committee recalled allegations by the International Trade Union Confederation (ITUC) of anti-union discrimination in the banana plantation sector and in export processing zones and requested the Government to ensure that the competent authorities take fully into account in their control and prevention activities the issue of anti-union discrimination, and that the workers in the country are fully informed of their rights regarding this issue. The Committee notes that the Government states that no acts of anti-union discrimination were denounced to the authorities in the above-mentioned sectors during the reporting period (July 2017 to June 2021). The Committee also notes the Government’s indication that its Labour Department has been closely monitoring these sectors by conducting inspections of workplaces to ensure that workers are adequately protected, including against acts of anti-union discrimination in respect of their employment. While it welcomes the information provided regarding the conduct of labour inspections, the Committee requests the Government to take all the necessary measures to ensure that Belizean workers are fully informed of their rights with respect to anti-union discrimination. The Committee requests the Government to provide information on any developments in this regard and to continue reporting on any statistics concerning the anti-union discrimination acts reported to the authorities.

Article 4. Promotion of collective bargaining. In its previous comments under the Collective Bargaining Convention, 1981 (No. 154), the Committee raised the need to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act (TUEOA), 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 the Government states that section 25 of the TUEOA was not amended but that discussions continue at the Labour Advisory Board and the Tripartite Body regarding the TUEOA, which is likely to be amalgamated with the Trade Unions Act. Taking note of the above, the Committee requests the Government to take the necessary measures to ensure that objective and pre-established criteria for the certification of the representative trade unions are provided under the new legislation. The Committee requests the Government to provide information of any progress made in this regard and to provide a copy of the text once adopted.

The Committee previously requested the Government to continue promoting social dialogue in order to bring section 27(2) of the TUEOA, which stipulates that a trade union may be certified as the bargaining agent if it is supported by at least 51 per cent of employees, into conformity with the Convention. The Committee notes that the Government states that no agreement was reached on any legislative changes in this regard, but that discussions continue at the Tripartite Body and the Labour Advisory Board regarding a proposed new Trade Union and Employers’ Organizations Act which would amalgamate the Trade Unions Act and the TUEOA. The Committee recalls that the requirement of too high a percentage for representativity to be authorized to engage in collective bargaining may hamper the promotion and development of free and voluntary collective bargaining within the meaning of the Convention (2012 General Survey on the fundamental Conventions, paragraph 233). Noting the Government’s indication that ten collective agreements covering a total of 1592 workers were concluded between 2007 and 2021, the Committee considers that the very low coverage of collective agreements in the country could appear to be related to the restrictive requirements to engage in collective bargaining contained in the legislation. In this regard, the Committee also recalls 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, at least on behalf of their own members (2012 General Survey on the fundamental Conventions, paragraph 234). The Committee requests the Government to take the necessary measures, within the framework of the discussions concerning the proposed new Trade Union and Employers’ Organizations Act, to bring its legislation into line with the Convention with respect to the representativity of bargaining agents. The Committee requests the Government to provide information on any developments in this regard and reminds it of the possibility to avail itself of ILO technical assistance.

Promotion of collective bargaining in practice. As already mentioned above, the Committee notes that the Government reports that the ten collective agreements reached between 2007 and 2021 were concluded in the energy, public services, port, communications, banking, food and municipal sectors, and that five of these agreements, including one which was renewed, were still in force at the end of the reporting period. The Committee requests the Government to continue providing information on the number of collective agreements signed and in force in the country, the sectors concerned and the number of workers covered by these agreements, and to report on any measures taken to promote the full development and utilization of collective bargaining under the Convention.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, 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

The Committee had noted the observations of the International Trade Union Confederation (ITUC) in 2014. The Committee notes with regret that the Government has not yet replied to these observations and requests it once again to provide its comments in this respect.

Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, following the 2011 ITUC observations regarding those two sectors, the Committee had requested the Government to provide statistics on the number of acts of anti-union discrimination that are reported to the authorities in the banana plantation sector and in export processing zones and on the outcomes of the denunciations in this respect. The Committee notes that the Government indicates that during the reporting period (July 2013 to June 2017) no acts of anti-union discrimination were denounced to the authorities in these sectors. Highlighting that the absence of anti-union discrimination complaints may be due to reasons other than an absence of anti-union discrimination acts, and recalling the specific allegations raised by the ITUC, the Committee requests the Government to take the necessary measures to ensure that, on the one hand the competent authorities take fully into account in their control and prevention activities the issue of anti-union discrimination, and that on the other hand, the workers in the country are fully informed of their rights regarding this issue. The Committee requests the Government to provide information on measures taken in this regard, as well as any statistics concerning the anti-union discrimination acts reported to the authorities.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee had requested the Government to take measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act (TUEOA), which provides that a trade union may be certified as the bargaining agent if it is supported by at least 51 per cent of employees, as this requirement of an absolute majority may give rise to problems given that, if this percentage is not attained, the majority union would be denied the possibility of bargaining. In its latest comment, the Committee noted the Government’s indication that: (i) the Tripartite Body and the Labour Advisory Board had engaged in discussions on a possible amendment to the Act; and (ii) based on these consultations, it had been recommended to reduce to 20 per cent the trade union membership threshold required to trigger a poll, while retaining the requirement of a 51 per cent approval of those employees voting and to require a turnout at the poll of at least 40 per cent of the bargaining unit. The Committee notes that the Government indicates that section 27(2) of the TUEOA has not been amended but that discussion continues among the social partners in this regard. The Committee requests the Government to continue promoting social dialogue in order to bring section 27(2) of the TUEOA into conformity with the Convention and to provide information on any developments in this respect. The Committee reminds the Government that it may avail itself of technical assistance from the Office.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

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)

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

Repetition

The Committee had noted the observations of the International Trade Union Confederation (ITUC) in 2014. The Committee notes with regret that the Government has not yet replied to these observations and requests it once again to provide its comments in this respect.

Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, following the 2011 ITUC observations regarding those two sectors, the Committee had requested the Government to provide statistics on the number of acts of anti-union discrimination that are reported to the authorities in the banana plantation sector and in export processing zones and on the outcomes of the denunciations in this respect. The Committee notes that the Government indicates that during the reporting period (July 2013 to June 2017) no acts of anti-union discrimination were denounced to the authorities in these sectors. Highlighting that the absence of anti-union discrimination complaints may be due to reasons other than an absence of anti-union discrimination acts, and recalling the specific allegations raised by the ITUC, the Committee requests the Government to take the necessary measures to ensure that, on the one hand the competent authorities take fully into account in their control and prevention activities the issue of anti-union discrimination, and that on the other hand, the workers in the country are fully informed of their rights regarding this issue. The Committee requests the Government to provide information on measures taken in this regard, as well as any statistics concerning the anti-union discrimination acts reported to the authorities.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee had requested the Government to take measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act (TUEOA), which provides that a trade union may be certified as the bargaining agent if it is supported by at least 51 per cent of employees, as this requirement of an absolute majority may give rise to problems given that, if this percentage is not attained, the majority union would be denied the possibility of bargaining. In its latest comment, the Committee noted the Government’s indication that: (i) the Tripartite Body and the Labour Advisory Board had engaged in discussions on a possible amendment to the Act; and (ii) based on these consultations, it had been recommended to reduce to 20 per cent the trade union membership threshold required to trigger a poll, while retaining the requirement of a 51 per cent approval of those employees voting and to require a turnout at the poll of at least 40 per cent of the bargaining unit. The Committee notes that the Government indicates that section 27(2) of the TUEOA has not been amended but that discussion continues among the social partners in this regard. The Committee requests the Government to continue promoting social dialogue in order to bring section 27(2) of the TUEOA into conformity with the Convention and to provide information on any developments in this respect. The Committee reminds the Government that it may avail itself of technical assistance from the Office.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

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

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 had noted the observations of the International Trade Union Confederation (ITUC) in 2014. The Committee notes with regret that the Government has not yet replied to these observations and requests it once again to provide its comments in this respect.

Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, following the 2011 ITUC observations regarding those two sectors, the Committee had requested the Government to provide statistics on the number of acts of anti-union discrimination that are reported to the authorities in the banana plantation sector and in export processing zones and on the outcomes of the denunciations in this respect. The Committee notes that the Government indicates that during the reporting period (July 2013 to June 2017) no acts of anti-union discrimination were denounced to the authorities in these sectors. Highlighting that the absence of anti-union discrimination complaints may be due to reasons other than an absence of anti-union discrimination acts, and recalling the specific allegations raised by the ITUC, the Committee requests the Government to take the necessary measures to ensure that, on the one hand the competent authorities take fully into account in their control and prevention activities the issue of anti-union discrimination, and that on the other hand, the workers in the country are fully informed of their rights regarding this issue. The Committee requests the Government to provide information on measures taken in this regard, as well as any statistics concerning the anti-union discrimination acts reported to the authorities.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee had requested the Government to take measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act (TUEOA), which provides that a trade union may be certified as the bargaining agent if it is supported by at least 51 per cent of employees, as this requirement of an absolute majority may give rise to problems given that, if this percentage is not attained, the majority union would be denied the possibility of bargaining. In its latest comment, the Committee noted the Government’s indication that: (i) the Tripartite Body and the Labour Advisory Board had engaged in discussions on a possible amendment to the Act; and (ii) based on these consultations, it had been recommended to reduce to 20 per cent the trade union membership threshold required to trigger a poll, while retaining the requirement of a 51 per cent approval of those employees voting and to require a turnout at the poll of at least 40 per cent of the bargaining unit. The Committee notes that the Government indicates that section 27(2) of the TUEOA has not been amended but that discussion continues among the social partners in this regard. The Committee requests the Government to continue promoting social dialogue in order to bring section 27(2) of the TUEOA into conformity with the Convention and to provide information on any developments in this respect. The Committee reminds the Government that it may avail itself of technical assistance from the Office.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

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

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

The Committee had noted the observations of the International Trade Union Confederation (ITUC) in 2014. The Committee notes with regret that the Government has not yet replied to these observations and requests it once again to provide its comments in this respect.

Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, following the 2011 ITUC observations regarding those two sectors, the Committee had requested the Government to provide statistics on the number of acts of anti-union discrimination that are reported to the authorities in the banana plantation sector and in export processing zones and on the outcomes of the denunciations in this respect. The Committee notes that the Government indicates that during the reporting period (July 2013 to June 2017) no acts of anti-union discrimination were denounced to the authorities in these sectors. Highlighting that the absence of anti-union discrimination complaints may be due to reasons other than an absence of anti-union discrimination acts, and recalling the specific allegations raised by the ITUC, the Committee requests the Government to take the necessary measures to ensure that, on the one hand the competent authorities take fully into account in their control and prevention activities the issue of anti-union discrimination, and that on the other hand, the workers in the country are fully informed of their rights regarding this issue. The Committee requests the Government to provide information on measures taken in this regard, as well as any statistics concerning the anti-union discrimination acts reported to the authorities.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee had requested the Government to take measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act (TUEOA), which provides that a trade union may be certified as the bargaining agent if it is supported by at least 51 per cent of employees, as this requirement of an absolute majority may give rise to problems given that, if this percentage is not attained, the majority union would be denied the possibility of bargaining. In its latest comment, the Committee noted the Government’s indication that: (i) the Tripartite Body and the Labour Advisory Board had engaged in discussions on a possible amendment to the Act; and (ii) based on these consultations, it had been recommended to reduce to 20 per cent the trade union membership threshold required to trigger a poll, while retaining the requirement of a 51 per cent approval of those employees voting and to require a turnout at the poll of at least 40 per cent of the bargaining unit. The Committee notes that the Government indicates that section 27(2) of the TUEOA has not been amended but that discussion continues among the social partners in this regard. The Committee requests the Government to continue promoting social dialogue in order to bring section 27(2) of the TUEOA into conformity with the Convention and to provide information on any developments in this respect. The Committee reminds the Government that it may avail itself of technical assistance from the Office.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information 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 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments made in 2013. 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

The Committee notes the observations of the International Trade Union Confederation (ITUC) in 2014. It requests the Government to provide its comments in this respect.

Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, the Committee noted that, according to the ITUC, there are cases of anti-union discrimination in the banana plantation sector and in export processing zones (EPZs), where employers do not recognize any unions. It also noted the Government’s indication that the comments would be submitted to a Tripartite Body established in 2008 under the provisions of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act. The Committee notes the Government’s indication in its report that the tripartite body has been meeting continuously and that the ITUC’s allegations were submitted to it for review. The Committee also notes the Government’s indication that employers in the banana sector and in EPZs are not above the law and that those who feel that their rights have been violated can have recourse to the judicial system. Finally, the Committee notes the establishment of the Southern Workers Union (SWU), which represents workers in the shrimp, banana and citrus sectors and which, together with the Belize Workers’ Union (BWU), has developed a strategic plan to organize workers in EPZs. The Committee requests the Government to provide statistics on the number of acts of anti-union discrimination that are denounced to the authorities in these sectors and on the outcomes of these denunciations.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to take measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, Chapter 304, which provides that a trade union may be certified as the bargaining agent if it is supported by at least 51 per cent of employees, as this requirement of an absolute majority may give rise to problems given that, if this percentage is not attained, the majority union would be denied the possibility of bargaining. The Committee notes the Government’s indication that: (i) the Tripartite Body and the Labour Advisory Board have been engaged in discussions on a possible amendment to the Act; (ii) based on these consultations, it has been recommended to reduce to 20 per cent the trade union membership threshold required to trigger a poll, while retaining the requirement of a 51 per cent approval of those employees voting and to require a turnout at the poll of at least 40 per cent of the bargaining unit; and (iii) the Government and the National Trade Union Congress of Belize (NTUCB) are in agreement with the proposal, although the Belize Chamber of Commerce would prefer to maintain the status quo. The Committee welcomes the initiatives taken by the Government to bring the legislation into conformity with the Convention and requests it to continue promoting dialogue and to provide information in its next report on any developments in this respect. The Committee reminds the Government that it may have recourse to technical assistance from the Office, if it so wishes.

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 notes the observations of the International Trade Union Confederation (ITUC) in 2014. It requests the Government to provide its comments in this respect.

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

Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, the Committee noted that, according to the ITUC, there are cases of anti-union discrimination in the banana plantation sector and in export processing zones (EPZs), where employers do not recognize any unions. It also noted the Government’s indication that the comments would be submitted to a Tripartite Body established in 2008 under the provisions of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act. The Committee notes the Government’s indication in its report that the tripartite body has been meeting continuously and that the ITUC’s allegations were submitted to it for review. The Committee also notes the Government’s indication that employers in the banana sector and in EPZs are not above the law and that those who feel that their rights have been violated can have recourse to the judicial system. Finally, the Committee notes the establishment of the Southern Workers Union (SWU), which represents workers in the shrimp, banana and citrus sectors and which, together with the Belize Workers’ Union (BWU), has developed a strategic plan to organize workers in EPZs. The Committee requests the Government to provide statistics on the number of acts of anti-union discrimination that are denounced to the authorities in these sectors and on the outcomes of these denunciations.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to take measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, Chapter 304, which provides that a trade union may be certified as the bargaining agent if it is supported by at least 51 per cent of employees, as this requirement of an absolute majority may give rise to problems given that, if this percentage is not attained, the majority union would be denied the possibility of bargaining. The Committee notes the Government’s indication that: (i) the Tripartite Body and the Labour Advisory Board have been engaged in discussions on a possible amendment to the Act; (ii) based on these consultations, it has been recommended to reduce to 20 per cent the trade union membership threshold required to trigger a poll, while retaining the requirement of a 51 per cent approval of those employees voting and to require a turnout at the poll of at least 40 per cent of the bargaining unit; and (iii) the Government and the National Trade Union Congress of Belize (NTUCB) are in agreement with the proposal, although the Belize Chamber of Commerce would prefer to maintain the status quo. The Committee welcomes the initiatives taken by the Government to bring the legislation into conformity with the Convention and requests it to continue promoting dialogue and to provide information in its next report on any developments in this respect. The Committee reminds the Government that it may have recourse to technical assistance from the Office, if it so wishes.

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

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

The Committee notes the comments of the International Trade Union Confederation (ITUC) in 2013 on matters that are already under examination.

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

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 4 August 2011, which refers to matters previously raised by the Committee. The Committee requests the Government to provide its observations thereon.

Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. In respect of the legal protection concerning anti-union discrimination, the Committee had previously noted that in its 2008 comments, the ITUC alleged that court procedures in cases of anti-union discrimination were too slow and cumbersome, while the fines imposed were extremely low. The Committee notes with satisfaction the adoption of the Labour (Amendment) Act 2005 (No. 3 of 2011), adopted on 13 April 2011 which includes new sections on “unfair dismissal” providing for judicial reinstatement of workers or workers’ representatives dismissed because of their union membership or participation in union activities (section 42(1)(a) and (b) and section 205(1) and (2)).

In its previous comments, the Committee had noted the ITUC’s allegation that in practice violations occurred in the banana plantation sector and in export processing zones, where employers do not recognize unions, and had requested the Government to provide information on these matters. The Committee had noted the Government’s indication that the ITUC’s 2008 comments would be submitted to a tripartite body established under the provisions of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act (“the Act”) and appointed in August 2008. In this regard, the Committee notes that, according to the comments submitted by the National Trade Union Congress of Belize (NTUCB) on 12 November 2011, the 2008 ITUC comments have not been discussed before the Tripartite Body appointed in August 2008. The Committee requests the Government to take the necessary measures to ensure that a discussion takes place before the Tripartite Body in this regard and requests the Government to provide information on the outcome of the Tripartite Body’s deliberations on the matters raised by the ITUC.

Articles 3 and 4. Promotion of collective bargaining. The Committee had previously recalled that, under the provisions of section 27(2) of the Act, a trade union could be certified as a bargaining agent if it received 51 per cent of the votes and that problems might arise from such a requirement of an absolute majority since, where this percentage was not attained, the majority union would be denied the possibility of bargaining. The Committee had noted the Government’s statement that section 27(2) of the Act had still not been amended, and that it will keep the Office informed of progress concerning the revision of the said law. The Committee notes that the Government indicates in its report that the Tripartite Body will be undertaking and coordinating discussions concerning the possible amendment of section 27(2) of the Act and prior to making a recommendation will meet with the Labour Advisory Board. The Committee expresses the hope that it will be in a position in the near future to note progress on the amendment of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act and requests the Government to provide information on developments in this regard.

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

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication of 30 September 2009, which refers to matters previously raised by the Committee as well as the dismissals of trade unionists and violations of collective agreements. The Committee requests the Government to submit its observations thereon.

Articles 1 and 3 of the Convention. The Committee had previously noted that in its 2008 comments, the ITUC alleged that court procedures in cases of anti-union discrimination were too slow and cumbersome, while the fines imposed were extremely low. The Committee had also noted the ITUC’s allegation that in practice violations occurred in the banana plantation sector and in export processing zones, where employers do not recognize unions, and had requested the Government to provide information on these matters. Noting the Government’s indication that the ITUC’s 2008 comments would be submitted to a tripartite body established under the provisions of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act and appointed in August 2008, the Committee requests the Government to inform it of the outcome of the tripartite body’s deliberations on the matters raised by the ITUC.

Articles 3 and 4. The Committee had previously recalled that, under the provisions of section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, Chapter 304 (the Act), a trade union could be certified as a bargaining agent if it received 51 per cent of the votes and that problems might arise from such a requirement of an absolute majority since, where this percentage was not attained, the majority union would be denied the possibility of bargaining. The Committee notes the Government’s statement that section 27(2) of the Act has still not been amended, and that it will keep the Office informed of progress concerning the revision of the said law. The Committee expresses the hope that it will be in a position in the near future to note progress on the amendment of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act and requests the Government to provide information on developments in this regard.

The Committee had previously noted that according to the ITUC, collective bargaining rights were frequently violated by employers, despite the fact that they are guaranteed in law. The Committee had requested the Government to provide its observations in this respect, as well as statistical information on the number of collective agreements concluded during the last two years and the sectors and number of workers covered by such agreements. The Committee notes that according to the Government 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.

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

The Committee notes, with regret, that for the fourth consecutive year, the Government’s report has not been received.

Articles 1 and 3 of the Convention. The Committee takes note of the comments made by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, to the effect that the procedures before the courts in cases of anti-union discrimination are too slow and cumbersome while the fines imposed are extremely low. According to the ITUC, cases of anti-union discrimination occur in practice in the banana plantation sector and in export processing zones, where employers do not recognize any unions. The ITUC also refers to instances of anti-union discrimination in specific companies. The Committee requests the Government to send its observations on this subject.

Articles 3 and 4. In its previous comments, the Committee recalled that, under the provisions of section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, Chapter 304, a trade union could be certified as a bargaining agent if it received 51 per cent of the votes and that problems might arise from such a requirement of an absolute majority since, where this percentage was not attained, the majority union would be denied the possibility of bargaining. The Committee therefore once again requests the Government to report on any measures taken or contemplated to amend the legislation so as to ensure that when no union covers more than 50 per cent of the workers, collective bargaining rights are not denied to the unions in this unit, at least on behalf of their own members.

The Committee notes that according to the ITUC, collective bargaining rights are frequently violated by employers, despite the fact that they are guaranteed in law. The Committee requests the Government to reply to these comments and to provide statistical information in its next report on the number of collective agreements concluded during the last two years, as well as the sectors and number of workers covered by such agreements.

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:

The Committee requests the Government to provide statistical information in its next report on the number of collective agreements concluded during the last two years, as well as the sectors and number of workers covered by such agreements.

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

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:

Articles 3 and 4 of the Convention. In its previous comments, the Committee recalled that, under the provisions of section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, Chapter 304, a trade union could be certified as a bargaining agent if it received 51 per cent of the votes and that problems might arise from such a requirement of an absolute majority since, where this percentage was not attained, the majority union would be denied the possibility of bargaining. The Committee therefore once again requests the Government to report on any measures taken or contemplated to amend the legislation so as to ensure that when no union covers more than 50 per cent of the workers, collective bargaining rights are granted to all the unions in this unit, at least on behalf of their own members.

Comments of the ICFTU. The Committee notes that in its communication of 10 August 2006, the International Confederation of Free Trade Unions (ICFTU) indicates that the fines imposed in cases of anti-union discrimination are not sufficiently dissuasive. According to the ICFTU, cases of anti-union discrimination occur in practice in the banana plantation sector and in export processing zones, where employers do not recognize any unions. The Committee requests the Government to send its observations on this subject.

The Committee is addressing a request directly to the Government on another matter.

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

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

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

The Committee regrets to note that the Government’s report has not been received.

The Committee is therefore bound to reiterate its previous observation, which read as follows.

Articles 3 and 4 of the Convention. In its previous comments, the Committee recalled that, under the provisions of section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, Chapter 304, a trade union could be certified as a bargaining agent if it received 51 per cent of the votes and that problems might arise from such a requirement of an absolute majority since, where this percentage was not attained, the majority union would be denied the possibility of bargaining. The Committee therefore once again requests the Government to report on any measures taken or contemplated to amend the legislation so as to ensure that when no union covers more than 50 per cent of the workers, collective bargaining rights are granted to all the unions in this unit, at least on behalf of their own members.

Comments of the ICFTU. The Committee notes that in its communication of 10 August 2006, the International Confederation of Free Trade Unions (ICFTU) indicates that the fines imposed in cases of anti-union discrimination are not sufficiently dissuasive. According to the ICFTU, cases of anti-union discrimination occur in practice in the banana plantation sector and in export processing zones, where employers do not recognize any unions. The Committee requests the Government to send its observations on this subject.

The Committee is addressing a request directly to the Government on another matter.

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

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

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:

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

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

Articles 3 and 4 of the Convention. In its previous comments, the Committee had recalled that, under the provisions of section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, Chapter 304, a trade union could be certified as a bargaining agent if it received 51 per cent of the votes and that problems might arise from such an absolute majority requirement, since where this percentage was not attained, the majority union would be denied the possibility of bargaining. The Committee once again requests the Government to report on any measures taken or contemplated to amend the legislation so as to ensure that when no union covers more than 50 per cent of the workers, collective bargaining rights are granted to all the unions in this unit, at least on behalf of their own members.

The Committee is addressing a direct request to the Government on another point.

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

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

The Committee notes the Government’s report.

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

The Committee takes note of the Government’s report.

Articles 3 and 4 of the Convention. In its previous comments, the Committee had recalled that under the provisions of section 27(2) of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act, Chapter 304, a trade union could be certified as a bargaining agent if it received 51 per cent of the votes and that problems might arise from such an absolute majority requirement, since where this percentage was not attained, the majority union would be denied the possibility of bargaining. The Committee observes that in its report the Government confines itself to stating that it has taken note of the Committee’s observations. The Committee therefore once again requests the Government to report on any measures taken or contemplated to amend the legislation so as to ensure that when no union covers more than 50 per cent of the workers, collective bargaining rights are granted to all the unions in this unit, at least on behalf of their own members.

The Committee is addressing a direct request to the Government on another point.

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

The Committee takes note of the Government’s report and of the adoption of the Trade Unions and Employers Organizations (Registration, Recognition and Status) Act, Chapter 304, which came into force on 31 December 2000.

Article 1 of the Convention. In its previous observation, the Committee recalled that since 1989 it had been drawing the Government’s attention to the need to ensure that workers benefit from adequate protection against anti-union discrimination and it requested that the Government take measures to amend its legislation, given that the monetary penalties did not exert a sufficiently dissuasive effect against acts of anti-union discrimination. The Committee notes with satisfaction that the Trade Unions and Employers Organizations (Registration, Recognition and Status) Act prohibits acts of anti-union discrimination against workers, in taking up employment and in the course of employment, including dismissals, disciplinary measures, termination and any other prejudicial action, provides that in the case of allegations of acts of anti-union discrimination the burden of proof lies on the accused, and provides that the Supreme Court may reinstate the employee, or make any orders it may deem just and equitable, including, without limitation, orders for restoration of benefits and other advantages, and the payment of compensation.

The Committee also takes note of section 44 of the Act, under which any person, who contravenes any provision of the Act for which no penalty is specifically provided, is liable to a maximum fine of $5,000 or to imprisonment up to a maximum of five years.

Articles 3 and 4. The Committee notes that, under section 22(1) of the Act, a tripartite body appointed by the Minister is responsible for the certification of any trade union for the purpose of negotiating any collective bargaining agreement. However, under paragraph 2 of section 28(1), the tripartite body shall not certify any trade union as the bargaining agent unless the trade union has received 51 per cent of the votes. The Committee recalls 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; 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. The Committee requests the Government to take the necessary measures in order to guarantee that the legislation is in conformity with this principle.

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

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

The Committee recalls with regret that it has been drawing the Government’s attention since 1989 to the need to ensure that workers benefit from adequate protection against anti-union discrimination. It recalls that the fines which may be imposed upon an employer found guilty of anti-union discrimination against workers may not exceed $250 (Labour Ordinance, Chapter 234, section 199). Given that the monetary penalties have not been revised in the light of inflation and do not exert a sufficiently dissuasive effect against acts of anti-union discrimination, the Committee requests that the Government take measures to amend the legislation to ensure that it is in full conformity with the Convention. The Committee hopes the Government will make every effort possible to take the necessary measures in the very near future.

Articles 3 and 4 of the Convention. The Committee notes that a draft Act (Trade Union Recognition Act) aimed at ensuring adequate recognition of unions has been submitted by the Government to the competent authority. The Committee asks the Government to keep it informed of the status of this draft.

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

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report. It recalls with regret that it has been drawing the Government’s attention since 1989 to the need to ensure that workers benefit from adequate protection against anti-union discrimination. It recalls that the fines which may be imposed upon an employer found guilty of anti-union discrimination against workers may not exceed $250 (Labour Ordinance, Chapter 234, section 199). Given that the monetary penalties have not been revised in the light of inflation and do not exert a sufficiently dissuasive effect against acts of anti-union discrimination, the Committee requests that the Government take measures to amend the legislation to ensure that it is in full conformity with the Convention. The Committee hopes the Government will make every effort possible to take the necessary measures in the very near future.

Articles 3 and 4 of the Convention. The Committee notes that a draft Act (Trade Union Recognition Act) aimed at ensuring adequate recognition of unions has been submitted by the Government to the competent authority. The Committee asks the Government to keep it informed of the status of this draft.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

The Committee recalls that the sanctions that may be imposed upon an employer found guilty of anti-union discrimination against workers may not exceed $250 or a period of imprisonment of not more than six months (Labour Ordinance, Chapter 234, section 199). Given that the monetary penalties have not been adapted in the light of inflation and do not exert a sufficiently dissuasive effect against acts of anti-union discrimination, the Committee requests the Government to take measures in order to amend the legislation to ensure that it is in full conformity with the Convention. The Committee requests the Government to indicate in its next report the measures it has taken or envisages in this regard.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report indicating in response to its previous direct request that no measures have presently been taken to adapt monetary penalties in the light of inflation for anti-union discrimination.

The Committee notes that for several years it has requested the Government to ensure that workers enjoy adequate protection against anti-union discrimination, in particular by providing adequate sanctions. The Committee refers the Government to paragraph 224 of its General Survey on freedom of association and collective bargaining, 1994, which underlines the importance of providing sufficiently dissuasive sanctions to ensure the practical application of provisions prohibiting acts of anti-union discrimination. It recalls that the sanctions that may be imposed upon an employer found guilty of anti-union discrimination against workers may not exceed $250 or a period of imprisonment of not more than six months (Labour Ordinance, Chapter 234, section 199). Given that the monetary penalties have not been adapted in the light of inflation and do not exert a sufficiently dissuasive effect against acts of anti-union discrimination, the Committee requests the Government to take measures in order to amend the legislation to ensure that it is in full conformity with the Convention. The Committee requests the Government to indicate in its next report the measures it has taken or envisages in this regard.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

In comments it has been making for several years, the Committee has requested the Government to ensure that workers enjoy adequate protection against anti-union discrimination. It recalls that the sanctions which may be imposed upon an employer convicted of anti-union discrimination against workers may not exceed $250 or a period of imprisonment not exceeding six months (Labour Ordinance, Chapter 234 (section 199)). The Committee would refer the Government to paragraph 144 of its 1994 report (Report III (Part 4A)) concerning the practical application of Conventions, wherein it notes that sanctions are often inadequate because they do not have a sufficiently dissuasive effect, and would draw the Government's attention to the need to adapt monetary penalties, particularly in countries with high rates of inflation, so that they exert an effective preventive influence against acts of anti-union discrimination.

The Committee notes the indication in the Government's latest report that the law in question is presently being amended with ILO assistance and that this matter will be dealt with in this process. The Committee hopes that the necessary measures will be taken in the near future to adapt the monetary penalties referred to above in the light of inflation, or to determine the amount of such penalties in such a way as to take account of currency fluctuations by referring, for example, to real wages. The Government is requested to keep it informed of the progress made in this regard.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report.

Referring to its previous comments relating to the need to reinforce protection against anti-union discrimination (Labour Ordinance, Chapter 234 (section 199)) the Committee asks the Government to indicate in its future reports the measures taken to adapt the monetary penalties in the light of inflation.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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:

Further to its previous comments relating to the necessity of strengthening the sanctions for acts of anti-union discrimination, the Committee has taken note of the report submitted by the Government to the effect that it is in the process of amending the Labour Ordinance, Chapter 234 of the laws of Belize.

Recalling that sanctions provided for acts of anti-union discrimination should be sufficiently effective and dissuasive, the Committee once again hopes that said amendments will strengthen the fines provided for in the labour ordinance for acts of anti-union discrimination, and requests the Government to keep it informed of any development in this regard.

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

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

The Committee has taken note of the report submitted by the Government and, in particular, of the information provided on the civil and penal sanctions that may be imposed upon an employer convicted of anti-union discrimination against workers, namely a fine not exceeding $250 or a period of imprisonment not exceeding six months (Art. 199, Ch. 234).

The Committee recalls that sanctions provided for such acts should have a dual purpose, namely to punish the guilty and, above all, to act as a deterrent against such discrimination (General Survey, 1983, para. 278). Therefore, it requests the Government to consider strengthening the fines provided for in the Labour Ordinance (Ch. 234) for acts of anti-union discrimination, and to keep it informed of any development in this regard.