Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Jersey

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee previously requested the Government to amend sections 77B and 77C of the Employment (Amendment No. 4) (Jersey) Law 2009 to ensure that reinstated workers in anti-union dismissal cases may be granted full compensation for loss of pay. The Committee regrets the Government’s indication that there is no current plan to review the legislation. The Committee notes that the Government considers that the Employment Law already contains specific provisions to protect employees from anti-union discrimination and that no claims relating to anti-union dismissal were reported. The Committee further notes that the Government has asked the Independent Employment Forum to carry out a public consultation on compensation levels, resulting in legislative changes to improve compensation for unfair dismissal and related matters, which will soon take effect, including the right to a written statement of reasons for dismissal. While welcoming this information on improvement of general compensation, the Committee reiterates that to qualify as an “adequate protection” under Article 1(1) of the Convention, the remedy in case of anti-union dismissal should include compensation for loss of wages for the period between the dismissal and the reinstatement, as well as compensation for the prejudice suffered, to ensure a sufficiently dissuasive sanction. The Committee recalls that sanctions against acts of anti-union discrimination must compensate fully, both in financial and in occupational terms, the prejudice suffered (2012 General Survey on the fundamental Conventions, para. 193). The Committee emphasizes the importance of amending sections 77B and 77C of the Employment Law and requests once again the Government to enter into dialogue with the social partners in order to ensure that in cases of anti-union dismissals, workers reinstated by order of a judicial decision may be granted full compensation for loss of pay and to provide information on any developments in this regard.

Article 2. Adequate protection against acts of interference. The Committee recalls its previous request to introduce provisions prohibiting acts of interference by employers or their organizations in workers’ organizations and vice versa, as well as to ensure rapid procedures and sufficiently dissuasive sanctions. The Committee regrets the Government’s indication that no legislative action in this respect is planned. It notes the Government’s satisfaction with the current legislative framework and that no claims have been received by the Tribunal on this matter. While acknowledging the existence of anti-discrimination provisions as mentioned by the Government, the Committee recalls the need for specific measures to address acts of interference by employers and that only sufficiently dissuasive sanctions and efficient enforcement procedures can ensure adequate protection under the Convention. Therefore,the Committee is bound to request the Government once again to adopt legislative provisions expressly prohibiting acts of interference by employers or their organizations in the establishment, functioning or administration of workers’ organizations and vice versa, as well as provisions ensuring rapid procedures and sufficiently dissuasive sanctions against such acts, following consultation with the social partners. The Committee requests the Government to provide information on any developments in this regard.

Article 4. Promotion of collective bargaining. Legislative matters. The Committee previously requested the Government to take, after consulting the social partners, the necessary measures to ensure that, if no union reaches the required threshold to be recognized as a bargaining agent, unions are given the possibility to negotiate, either jointly or separately, on behalf of their members at least. The Committee notes with regret the Government’s indication that there have been no developments in this respect. The Committee recalls that setting a threshold of representativeness for designating an exclusive bargaining agent for the purpose of negotiating collective agreements applicable to all workers in a sector or establishment is compatible with the Convention, provided it does not hinder free and voluntary collective bargaining in practice. The Committee therefore requests once again the Government, in consultation with the social partners, to take the necessary measures to ensure that, where no union meets the threshold, minority unions may still negotiate, jointly or separately, at least on behalf of their own members. The Committee requests the Government to report on any developments in this regard.

Promotion of collective bargaining in practice. The Committee notes the Government’s indication that no entity gathers the statistics on the number of collective agreements concluded and in force, the sectors concerned, and the number of employees covered by such agreements. It also notes the Government’s indication that there are very few unionized employers. Emphasizing the importance of solid statistical data to assess the need to promote collective bargaining, the Committee encourages the Government to take the necessary steps to establish a database containing reliable and comprehensive information on the coverage of workers by collective agreements.

The Committee notes with regret that no specific action has been taken to address the issues raised in its previous comments and hopes that the Government will soon be able to report on progress made in this respect.