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

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Montserrat

Article 3 of the Convention. Right of organizations to freely elect representatives, organize activities and formulate their programmes. The Committee previously requested the Government to amend section 22 of the Labour Code, pursuant to which, a dispute, which is not settled by the Labour Commissioner within 30 days or such longer period as the parties may agree, shall be referred to the Labour Tribunal for determination for a final decision (section 22(3)). While noting the enactment of the Labour Code (Amendment) Act 2023, the Committee regrets that section 22(3) has not yet been amended. Noting the Government’s recognition of the importance of limiting compulsory arbitration to specific circumstances and its indication that it is actively reviewing section 22 for amendment, the Committee expects the Government to take all necessary steps, in consultation with the social partners, to amend section 22(3) of the Labour Code without further delay so as to ensure that compulsory arbitration, bringing an end to a collective labour dispute, including a strike, is only acceptable in the case of disputes concerning public servants exercising authority in the name of the State; in conflicts in essential services in the strict sense of the term; or in situations of acute national or local crisis (only for a limited period of time and to the extent necessary to meet the requirements of the situation. The Committee requests the Government to provide information on all progress made in this respect.