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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Saint Vincent and the Grenadines (Ratification: 1998)

The Committee notes the Government’s indication that following a series of consultations with the social partners, a revised Labour Relations Bill (LRB) is before the Cabinet. According to the Government, the revised Bill, once enacted, will repeal the Trade Unions Act, 1950.

Scope of the Convention. The Government takes note that the LRB excludes from its scope of application workers who do not have an employment contract (section 2(1)). Recalling that, with the only possible exceptions set in Articles 5 and 6 of the Convention (armed forces, police and public servants engaged in the administration of the State), the Convention covers all workers, the Committee requests the Government to amend the bill to ensure that the legislation is applicable to all workers irrespective of their contractual status, including independent and outsourced workers and workers without employment contract.

Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comment, the Committee expressed its hope that the revision of the LRB would lead to the adoption of a legislation providing protection for workers’ and employers’ organizations against acts of interference by each other, protection against acts of anti-union discrimination, as well as encouraging collective bargaining in the public and private sectors.

The Committee welcomes sections 7 and 8 of the Bill which respectively pertain to the protection against acts of anti-union discrimination and the protection against acts of interference by employers. The Committee notes that both sections mention sanctions in the event of a violation of those protections. Welcoming both sections of the revised LRB, the Committee requests the Government to provide information on whether the anti-union nature of dismissal or any other act by the employer also result in the reinstatement of the worker in the conditions of work or employment applicable prior to the anti-union act.

Article 4. Promotion of collective bargaining. The Committee welcomes Parts III and IV of the Bill which highlight the duty of parties to negotiate in good faith, as well as the enforceability of collective agreements. The Committee notes that, pursuant to section 27(1), a trade union claiming to have the majority of union members in good standing (members who have complied with all their obligations with regard to their union) belonging to a bargaining unit may submit an application to the Tripartite Body to obtain certification as the exclusive bargaining agent of the bargaining unit. It further notes the absence of a provision regulating the case that no organization holds the necessary majority to be certified as the exclusive bargaining agent of the bargaining unit. The Committee requests the Government to provide information on collective bargaining rights of minority unions where no union meets the requirements to become the exclusive bargaining agent.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the actions taken to promote collective bargaining both in the public and private sectors. The Committee further 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 expects that the LRB will soon be adopted and that the present comments will be taken into account so that it gives full effect to the Convention. The Committee requests the Government to provide information on any progress made in this regard.