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

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

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. In its previous comments, the Committee had expressed the hope that the future legislation would be in accordance with the provisions of the Convention concerning the protection of workers’ representatives (which – the Government had indicated – was left to the collective agreements). The Committee notes that according to the Government, the new section 1615h of the Civil Code prohibits 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, unless these activities are performed during working hours without the employer’s permission. The Committee requests the Government to indicate the legal sanctions and remedies applicable in case of infringements of section 1615h of the Civil Code.

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 notes the Government’s indication that it will review its rules and regulations to evaluate how and in what form potential revisions may be effectuated. 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 any measures taken in this respect.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. 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 notes the Government’s indication that no measures have been taken to seek advice of the Department of Labour for the formalization of these facilities. 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 take measures in this respect.

Articles 1 and 2. The Committee further notes the declaration of the Government according to which the labour legislation review is still under way. The Committee expresses the hope that the future legislation will be in accordance with the provisions of the Convention concerning the protection of workers’ representatives (which now is let to the collective agreements) and the facilities to be afforded to them to enable them to carry out their functions properly and efficiently.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

1. The Committee had noted in its previous comments the declaration of the Government, according to which it will make efforts to seek the advice of the Labour Department for the formalization of 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 requests the Government to indicate the measures taken concerning this matter.

2. The Committee had also noted in its previous comments that the Department of Labour was undertaking a complete revision of existing labour legislation and had requested the Government to provide information on this legislation review and had hoped that it would have taken into account the provisions of the Convention. The Committee notes the declaration of the Government, according to which the labour legislation is still under way, that an interim report on the work of a special committee has been completed and that, after the final approval of the content by its members, it will be published. The Committee requests the Government to communicate the abovementioned report and expresses the hope that the future legislation will be in accordance with the provisions of the Convention concerning the protection of workers’ representatives and the facilities to be afforded to them to enable them to carry out their functions properly and efficiently.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In relation to its previous comments, the Committee notes the collective agreements, sent by the Government, protecting workers’ representatives against acts prejudicial to them, including dismissal based on their status or activities as workers’ representatives.

The Committee notes the declaration of the Government according to which it will make efforts to seek the advice of the Labour Department for the formalization of some facilities concerning the access to the employer and the distribution of union materials in the private sector.

The Committee had noted in its previous observation that the Department of Labour was undertaking a complete revision of existing labour legislation. The Committee requests the Government to provide information on this legislation review and hopes that it will take into account the provisions of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In relation to its previous comments, the Committee notes the collective agreements, sent by the Government, protecting workers’ representatives against acts prejudicial to them, including dismissal based on their status or activities as workers’ representatives.

The Committee notes the declaration of the Government according to which it will make efforts to seek the advice of the Labour Department for the formalization of some facilities concerning the access to the employer and the distribution of union materials in the private sector.

The Committee had noted in its previous observation that the Department of Labour was undertaking a complete revision of existing labour legislation. The Committee requests the Government to provide information on this legislation review and hopes that it will take into account the provisions of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

In relation to its previous comments, the Committee notes the collective agreements, sent by the Government, protecting workers’ representatives against acts prejudicial to them, including dismissal based on their status or activities as workers’ representatives.

The Committee notes the declaration of the Government according to which it will make efforts to seek the advice of the Labour Department for the formalization of some facilities concerning the access to the employer and the distribution of union materials in the private sector.

The Committee had noted in its previous observation that the Department of Labour was undertaking a complete revision of existing labour legislation. The Committee requests the Government to provide information on this legislation review and hopes that it will take into account the provisions of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee had noted that the Department of Labour was undertaking a complete revision of existing labour legislation and that it is considering requesting ILO assistance in this regard.

In its previous comments, the Committee had requested the Government to supply information on the content of collective agreements and on the regulations and practice of Aruba which protect workers’ representatives in the undertaking against any act prejudicial to them, including dismissal, based on their status or activities as workers’ representatives (Article 1 of the Convention). The Government was also requested to indicate the measures taken to ensure that facilities are afforded to workers’ representatives, in both the private and public sectors, in order to enable them to carry out their functions promptly and efficiently (e.g. access of workers’ representatives to all workplaces, access to the management, the posting of trade union notices, the distribution of trade union publications) (Article 2).

The Committee once again requests the Government to provide this information in its next report and to give consideration in the current legislative review to including specific provisions ensuring that workers’ representatives are protected against any prejudicial acts based on their status or activities and that they are afforded appropriate facilities in the undertaking to carry out their functions promptly and efficiently, in the event that existing measures are inadequate.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee had noted that the Department of Labour was undertaking a complete revision of existing labour legislation and that it is considering requesting ILO assistance in this regard.

In its previous comments, the Committee had requested the Government to supply information on the content of collective agreements and on the regulations and practice of Aruba which protect workers’ representatives in the undertaking against any act prejudicial to them, including dismissal, based on their status or activities as workers’ representatives (Article 1 of the Convention). The Government was also requested to indicate the measures taken to ensure that facilities are afforded to workers’ representatives, in both the private and public sectors, in order to enable them to carry out their functions promptly and efficiently (e.g. access of workers’ representatives to all workplaces, access to the management, the posting of trade union notices, the distribution of trade union publications) (Article 2).

The Committee once again requests the Government to provide this information in its next report and to give consideration in the current legislative review to including specific provisions ensuring that workers’ representatives are protected against any prejudicial acts based on their status or activities and that they are afforded appropriate facilities in the undertaking to carry out their functions promptly and efficiently, in the event that existing measures are inadequate.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

The Committee had noted that the Department of Labour was undertaking a complete revision of existing labour legislation and that it is considering requesting ILO assistance in this regard.

In its previous comments, the Committee had requested the Government to supply information on the content of collective agreements and on the regulations and practice of Aruba which protect workers' representatives in the undertaking against any act prejudicial to them, including dismissal, based on their status or activities as workers' representatives (Article 1 of the Convention). The Government was also requested to indicate the measures taken to ensure that facilities are afforded to workers' representatives, in both the private and public sectors, in order to enable them to carry out their functions promptly and efficiently (e.g. access of workers' representatives to all workplaces, access to the management, the posting of trade union notices, the distribution of trade union publications) (Article 2).

The Committee once again requests the Government to provide this information in its next report and to give consideration in the current legislative review to including specific provisions ensuring that workers' representatives are protected against any prejudicial acts based on their status or activities and that they are afforded appropriate facilities in the undertaking to carry out their functions promptly and efficiently, in the event that existing measures are inadequate.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee had noted that the Department of Labour was undertaking a complete revision of existing labour legislation and that it is considering requesting ILO assistance in this regard.

In its previous comments, the Committee had requested the Government to supply information on the content of collective agreements and on the regulations and practice of Aruba which protect workers' representatives in the undertaking against any act prejudicial to them, including dismissal, based on their status or activities as workers' representatives (Article 1 of the Convention). The Government was also requested to indicate the measures taken to ensure that facilities are afforded to workers' representatives, in both the private and public sectors, in order to enable them to carry out their functions promptly and efficiently (e.g. access of workers' representatives to all workplaces, access to the management, the posting of trade union notices, the distribution of trade union publications) (Article 2).

The Committee once again requests the Government to provide this information in its next report and to give consideration in the current legislative review to including specific provisions ensuring that workers' representatives are protected against any prejudicial acts based on their status or activities and that they are afforded appropriate facilities in the undertaking to carry out their functions promptly and efficiently, in the event that existing measures are inadequate.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee had noted that the Department of Labour was undertaking a complete revision of existing labour legislation and that it is considering requesting ILO assistance in this regard.

In its previous comments, the Committee had requested the Government to supply information on the content of collective agreements and on the regulations and practice of Aruba which protect workers' representatives in the undertaking against any act prejudicial to them, including dismissal, based on their status or activities as workers' representatives (Article 1 of the Convention). The Government was also requested to indicate the measures taken to ensure that facilities are afforded to workers' representatives, in both the private and public sectors, in order to enable them to carry out their functions promptly and efficiently (e.g. access of workers' representatives to all workplaces, access to the management, the posting of trade union notices, the distribution of trade union publications) (Article 2).

The Committee once again requests the Government to provide this information in its next report and to give consideration in the current legislative review to including specific provisions ensuring that workers' representatives are protected against any prejudicial acts based on their status or activities and that they are afforded appropriate facilities in the undertaking to carry out their functions promptly and efficiently, in the event that existing measures are inadequate.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information in the Government's latest report that the Department of Labour is currently undertaking a complete revision of existing labour legislation and that it is considering requesting ILO assistance in this regard.

In its previous comments, the Committee had requested the Government to supply information on the content of collective agreements and on the regulations and practice of Aruba which protect workers' representatives in the undertaking against any act prejudicial to them, including dismissal, based on their status or activities as workers' representatives (Article 1 of the Convention). The Government was also requested to indicate the measures taken to ensure that facilities are afforded to workers' representatives, in both the private and public sectors, in order to enable them to carry out their functions promptly and efficiently (e.g. access of workers' representatives to all workplaces, access to the management, the posting of trade union notices, the distribution of trade union publications) (Article 2).

The Committee once again requests the Government to provide this information in its next report and to give consideration in the current legislative review to including specific provisions ensuring that workers' representatives are protected against any prejudicial acts based on their status or activities and that they are afforded appropriate facilities in the undertaking to carry out their functions promptly and efficiently, in the event that existing measures are inadequate.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee wishes to be supplied with information on the content of collective agreements, and on the regulations and practice of Aruba which protect workers' representatives in the undertaking against any act prejudicial to them, including dismissal, based on their status or activities as workers' representatives (and in particular the sectors covered) (Article 1 of the Convention).

In the light of the examples contained in Recommendation No. 143, the Committee also wishes to obtain more information on the measures that have been taken so that facilities are afforded to workers' representatives, in both the private and the public sectors, in order to enable them to carry out their functions promptly and efficiently (access of workers' representatives to all workplaces, access to the management, the posting of trade union notices, the distribution of trade union publications and the other facilities enumerated in Recommendation No. 143) (Article 2).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's first report.

However, it wishes to be supplied with information on the content of collective agreements, and on the regulations and practice of Aruba which protect workers' representatives in the undertaking against any act prejudicial to them, including dismissal, based on their status or activities as workers' representatives (and in particular the sectors covered) (Article 1 of the Convention).

In the light of the examples contained in Recommendation No. 143, the Committee also wishes to obtain more information on the measures that have been taken so that facilities are afforded to workers' representatives, in both the private and the public sectors, in order to enable them to carry out their functions promptly and efficiently (access of workers' representatives to all workplaces, access to the management, the posting of trade union notices, the distribution of trade union publications and the other facilities enumerated in Recommendation No. 143) (Article 2).

The Committee requests the Government to supply this information in its next report.

[The Government is asked to report in detail for the period ending 30 June 1992.]