Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

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

Legislation. Articles 1, 2 and 4 of the Convention. The Committee previously requested the Government to take the necessary measures to ensure that the labour legislation: (i) provides adequate protection to the workers 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 regret that the second-phase draft of the new Labour Code remains unfinished and that all labour laws, including the Trades Union Act Chapter 18.36, are being discussed for review among labour constituents. The Committee also notes the Government’s indication that it will consider the concerns raised above. Emphasizing the importance of drafting a new Labour Code in line with the Convention, the Committee urges the Government to ensure the adoption of a labour legislation in full conformity with the Convention without further delay. 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 the Government’s indication that there are currently two collective bargaining agreements in the sector of manufacturing covering a total of 297 workers and one collective bargaining agreement in the sector of wholesale and retail covering 48 workers. With respect to the promotion of collective bargaining, the Committee notes the Government’s indication that: (i) it provides advice and support to the parties, paying particular attention to those workers rendered vulnerable by crisis; and (ii) social dialogue within the National Tripartite Committee on Labour Standards also offers useful avenues and orientations. 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.