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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Montserrat

Article 3 of the Convention. Right of organizations to freely elect representatives, organize activities and formulate their programmes. The Committee had previously requested the Government to amend section 22 of the Labour Code, pursuant to which, a dispute, which is not settled by the Labour Commissioner within 30 days or such longer period as the parties may agree, shall be referred to the Labour Tribunal for determination for a final decision (section 26(1)). The Committee notes the Governments indication that for over 30 years there has been no need for arbitration to bring an end to any collective dispute, as 80 per cent of all labour disputes are settled by the Labour Commissioner. The Committee regrets that section 22 was not amended. The Committee recalls that compulsory arbitration, bringing an end to a collective labour dispute, including a strike, is only acceptable in the case of disputes concerning public servants exercising authority in the name of the State; in conflicts in essential services in the strict sense of the term; or in situations of acute national or local crisis (only for a limited period of time and to the extent necessary to meet the requirements of the situation). The Committee urges the Government to take all necessary steps to amend section 22 of the Labour Code so as to bring it into conformity with the Convention and requests the Government to provide information on all progress made in this regard.

Article 4. No dissolution or suspension of organizations by administrative authority. The Committee had requested the Government to indicate whether there was a possibility to appeal to the competent court the Registrar’s decision to cancel or withdraw a certificate of registration of a trade union (section 154 of the Labour Code), and, if so, whether this appeal, as well as an appeal against the Registrar’s decision to suspend or withdraw registration of any trade union or employers’ organisation (section 145(3)) or the decision to declare a trade union or an employers’ organization defunct (section 148(3)), has the effect of a stay of execution. The Committee notes with satisfaction that the Labour Code has been amended to ensure that an appeal to the High Court against the Registrar’s above-mentioned decisions is possible and that such an appeal has the effect of a stay of execution.