Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

The Committee notes that in its report on Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) the Government indicates that the draft of the new Labour Code is in its second phase but has not yet been adopted, mainly due to the COVID-19 pandemic, and that it expects it to enter into force by the end of 2023.

Legislation. Articles 1, 2 and 4 of the Convention. The Committee recalls that in its previous comment it had requested the Government to take the necessary action to ensure that the legislation: (i) provides adequate protection against all acts of anti-union discrimination at the time of recruitment and throughout the course of employment with the application of dissuasive sanctions; (ii) contains specific provisions explicitly providing for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference; and (iii) explicitly recognizes and regulates the right to bargain collectively. The Committee notes the Government’s indication that it has issued a cabinet submission to the Competent authority to address the concerns raised by the Committee. Highlighting the importance of the current drafting of the new Labour Codethe Committee once again requests the Government to take the necessary measures to ensure the adoption of a labour legislation that is in full conformity with the Convention. The Committee requests the Government to provide information on any development in this respect and recalls that it may avail itself of the technical assistance of the Office.

Promotion of collective bargaining in practice. The Committee notes that the Government indicates that the most recent collective bargaining agreement between a major contributor to the manufacturing industry and the St. Kitts and Nevis Workers Union was concluded as of April 2022 and that between 100 and 150 workers will be concerned by the terms of this agreement. The Committee requests the Government to continue 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 further requests the Government to provide information on the specific measures taken to promote collective bargaining throughout the different sectors of the economy.