Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Jersey

The Committee notes the Government’s report.

The Committee notes that the Employment (Jersey) Law, 2003, came into force on 1 July 2005.

The Committee notes that pursuant to section 73 of the Law the right to not be unfairly dismissed (including dismissals on the grounds of trade union membership) is subject to the following conditions: if an employee is employed under a fixed-term contract of 26 weeks, or such other period as may be prescribed, or less, two-thirds of the fixed term should have expired or 13 weeks (whichever is the longer); and the basic contractual hours of employment should be more than eight hours a week in order for an employee to benefit from the protection afforded by the Law. The Committee notes that according to section 77 of the Law, the only remedy possible is compensation awarded by a tribunal.

The Committee recalls that no person shall be prejudiced by reason of his trade union membership or legitimate trade union activities and that it is important for the legislation to lay down adequate safeguards against acts of anti-union discrimination, and in particular against dismissals. The Committee therefore requests the Government to amend the legislation so as to provide for all workers an adequate protection against anti-union dismissals coupled with effective and sufficiently dissuasive sanctions.

The Committee hopes that the Government will take the necessary measures to amend the Law. The Committee requests the Government to keep it informed of the measures taken in this regard. The Committee further requests the Government to provide the text of the draft legislation on collective bargaining and the protection of trade unions and their members in certain circumstances and their right to regulate themselves internally.