Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Jamaica (Ratificación : 1962)

Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programmes. The Committee recalls that since 2015, it has been requesting the Government to take the necessary measures to ensure that peaceful picketing in the context of sympathy and solidarity strikes is not subject to sanctions, including through revising section 33(2) of the Trade Union Act (TUA), which prohibits picketing for solidarity or sympathy reasons. The Committee notes the Government’s indication that the Ministry will be undertaking a review of the TUA to identify and deal with the gaps as soon as possible. The Committee notes with regret the continuing lack of progress in amending the legislation and once again urges the Government to take the necessary measures to that end. The Committee requests the Government to provide information on all developments in this regard.

The Committee had previously requested the Government to review sections 10 and 32 of the Labour Relations and Industrial Disputes Act (LRIDA) in consultation with the social partners with a view to their possible amendment. The Committee recalls that pursuant to these provisions, if the Minister considers that an industrial action in non-essential services has or would be likely to cause an interruption in the supply of goods or in provisions of services of such a nature, or on such a scale so as to be gravely injurious to the national interest (national economy, national security, public order, life and health of a substantial number of persons), then he or she may make an order to that effect and apply to the Supreme Court ex parte for an order restraining the parties from commencing or from continuing the industrial action. The Committee had also expressed its concern at the lack of progress in amending sections 9, 10 and 11(A) of the LRIDA that confer extensive power to the Minister to refer any industrial dispute to arbitration. The Committee notes the Government’s indication that the Ministry of Labour and Social Security (MLSS) has engaged a consultant to review the LRIDA in the 2024–25 fiscal year, taking the Committee’s concerns into consideration during the review. The Committee expects that the social partners will be fully involved in the process and requests the Government to provide information on all developments in this regard.