Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Workers' Representatives Convention, 1971 (No. 135) - Aruba

New legislation adopted. The Committee notes that a new Civil Code has entered into force on 1 September 2021.

Article 1 of the Convention. In its previous comment, the Committee requested the Government to indicate the legal sanctions and remedies applicable in case of infringements of section 1615h of the Civil Code then in force – prohibiting the termination of the labour relation due to a worker’s affiliation to, or membership of, a worker’s representative organization or due to his/her engaging in activities for the same. The Committee notes the Government’s indication that former section 1615h of the Civil Code is reflected in section 670.3 of the new Civil Code and that there are no sanctions nor remedies attached to the violation of this section. The Government further indicates that section 649a.1 of the Civil Code prohibits discrimination based on a worker’s affiliation to, or membership of, a worker’s representative organization and is broader in scope than section 670.3. The Government also indicates that pursuant to section 649a.2 of the Civil Code, without prejudice to section 670.3, termination of the employment contract by the employer is voidable when the employee has invoked a violation of section 649a.1. While taking note of these provisions, the Committee recalls that the Government shall ensure effective protection to workers’ representatives in the undertaking against any act prejudicial to them and based on any of the motives specified in Article 1 and that such acts do not limit themselves to the termination of employment. It therefore requests the Government to provide information on whether infringements upon sections 670.3 or 649a of the Civil Code may lead to other remedies and sanctions than the annulment of the termination of employment.

Article 2. In its previous comments, the Committee had requested the Government to indicate the measures taken to formalize some facilities concerning the access of the trade union leaders to the workplace of the employer and the distribution of union materials in the private sector. The Committee takes note of the Government’s indications that the issue has been included in some collective agreements, but there are no laws governing access to the workplace by the trade union leaders and that employers remain free to grant such access. Recalling that according to Article 2 of the Convention facilities in the undertakings shall be afforded to workers’ representatives as may be appropriate, in order to enable them to carry out their functions promptly and efficiently, the Committee requests the Government to provide information on the measures taken in this respect. It also requests the Government to provide a copy of the collective agreements addressing this question.