Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Saint-Kitts-et-Nevis (Ratification: 2000)

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination in respect of employment. In its previous comments, the Committee had requested the Government:

• – to take the necessary legislative measures so as to ensure that workers are granted adequate protection against acts of anti-union discrimination at the time of recruitment, and throughout the course of employment (section 11 of the Protection of Employment Act only refers to protection against termination of employment on the grounds of union membership or participation in union activities); and
• – to provide information on any development in relation to the Government’s efforts to ensure that the sanctions provided for in the Protection of Employment Act (which only consist of a fine not exceeding 2,000 East Caribbean dollars (XCD) – equivalent to US$745) be reviewed so that they constitute a sufficient deterrent against all acts of anti-union discrimination.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee had requested the Government to provide information on the measures taken towards the adoption of specific provisions that would expressly provide for rapid appeal procedures, coupled with effective and dissuasive sanctions, against acts of interference.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee had requested the Government to provide information on the measures taken towards the adoption of specific provisions to explicitly recognize in legislation, and to regulate the right to bargain collectively, in conformity with the principles of the Convention.

The Committee notes that the Government indicates in its report that it is in the process of formulating a Labour Code and that it received technical assistance in this process. The Government adds that the next steps will include multipartite consultations, the amalgamation of all existing labour legislation and the upgrading of all legislation that will include all recommendations made by the Committee. In these circumstances, the Committee requests the Government to provide in its next report information on any developments in this regard and hopes that its comments on all the abovementioned matters will be taken into account. Moreover, the Committee requests the Government to provide a copy of the Labour Code, once adopted.