Labour Relations (Public Service) Convention, 1978 (No. 151) - Belize (RATIFICATION: 1999)

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Previous comment

Application of the Convention in practice. In its previous comment, the Committee had requested the government to provide information on the number of workers’ organizations in the public administration which have been registered. Since Belize has also ratified the Collective Bargaining Convention, 1981 (No. 154), the Committee also requested the Government to provide information on the collective negotiations held with these organizations and on the number of collective agreements or other agreements in force in the public administration. The Committee notes that the Government informs that: (i) there are currently eight registered workers’ unions in the public administration; (ii) on July 2022, a collective agreement has been signed between Christian Workers Union and the Central Bank; (iii) no new collective agreements have been signed with the Association of Public Service Senior Management (APPSSM), the Public Service Union of Belize (PSU) and the Belize National Teachers Union (BNTU) during the reporting period and due to the COVID-19 crisis, the Government had to unilaterally implement cost-saving measures, including and a 10 per cent cut in wages, a 25 per cent cut in allowances; and (iv) while each of these three unions have signed a separate collective agreement, the Labour Relations Board considers that three different collective agreements should be negotiated so as to take into account the different regulations applicable to the workers affiliated to each of these unions.

The Committee takes note of the information provided by the Government. It notes that the unilateral cost-saving measures taken to respond to the economic crisis affected the compliance with the collective agreements mentioned by the Government. The Committee recalls that in situations of serious economic and financial difficulties, the authorities should give preference as far as possible to collective bargaining in determining the conditions of employment of public servants and, where circumstances rule this out, measures of this kind should be limited in time and protect the standard of living of the workers who are the most affected (see 1994 General Survey on freedom of association and collective bargaining, paragraph 264). Highlighting the importance of respecting collective agreements in force, the Committee requests the Government to provide further information on the unilateral cost-saving measures that were taken, indicating in particular whether they are still in force or not. The Committee further requests the Government to provide updated information on the collective negotiations held with the different public servants’ organizations mentioned and on the number of collective agreements in force in the public administration, the sectors of the administration concerned and the number of workers covered.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Application of the Convention in practice. The Committee notes that the Government’s report mentions that there have been no changes in the legislation implementing the Convention but that the report does not contain any information on the application of the Convention in practice.The Committee requests the Government to provide information on the number of workers’ organizations in the public administration which have been registered. Since Belize has also ratified the Collective Bargaining Convention, 1981 (No. 154), the Committee also requests the Government to provide information on the collective negotiations held with these organizations and also on the number of collective agreements or other agreements in force in the public administration.

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Application of the Convention in practice. The Committee notes that the Government’s report mentions that there have been no changes in the legislation implementing the Convention but that the report does not contain any information on the application of the Convention in practice. The Committee requests the Government to provide information on the number of workers’ organizations in the public administration which have been registered. Since Belize has also ratified the Collective Bargaining Convention, 1981 (No. 154), the Committee also requests the Government to provide information on the collective negotiations held with these organizations and also on the number of collective agreements or other agreements in force in the public administration.

[The Government is asked to reply in full to the present comments in 2022.]

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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:

1. Article 6 of the Convention. Facilities to be afforded to workers’ representatives. The Committee noted that, with regard to the public sector, the Government had stated that the facilities are provided to workers’ representatives under Regulation No. 26 of the Government Workers’ Regulations. The Committee requests the Government to transmit a copy of the Government Workers’ Regulations with its next report.

2. Article 7. Procedures for determining terms and conditions of employment. The Committee noted that the provisions of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act seem to apply in their entirety to public servants pursuant to the wide definition of employer under section 2 of the Act, which includes any public authority or statutory body. The Committee also noted that, according to section 25 of the Act in cases where a trade union has made an application to the tripartite body for certification as the representative union, the tripartite body has discretion to determine the suitability of the bargaining unit in respect of which the application is made taking into account the community of interests among the employees in the bargaining unit, the nature, type and scope of their duties and any view expressed by the employer, the trade union or the employees. Moreover, under section 25(3), the tripartite body may, before granting any certification to a trade union, include additional employees of the employer to the bargaining unit, or exclude some employees therefore in order to make the unit more suitable as a bargaining unit.

The Committee observed that section 25 of the Act gives the tripartite body indeterminate discretion in defining a bargaining unit, a question which should be left as much as possible up to the employers’ and workers’ organizations concerned, and thereby does not afford adequate safeguards against interference in the process of certification. The Committee noted that where the employer must recognize the existing trade union under a system of compulsory recognition, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse (General Survey, paragraph 240), in particular, through the use of vague and abstract expressions like “suitability” or “community of interests”. The Committee therefore requests the Government to take all necessary measures to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principle, it being understood that the tripartite organization could establish more specific principles.

3. The Committee also noted that according to section 27(2) of the Act the tripartite body shall certify the trade union if the results of a survey show that the trade union is supported by at least 51 per cent of the employees comprising the unit. In this respect, the Committee considers that problems may arise when the law stipulates that a trade union must receive the support of more than 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent, since a majority union which fails to secure this absolute majority is thus denied the possibility of bargaining. The Committee considers that when no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members. The Committee therefore requests the Government to take all necessary measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principle.

4. The Committee noted that, according to the Government, negotiations in the public sector take place within the Joint Staff Relations Council. The Committee requests the Government to provide information on the composition and procedure of the Joint Staff Relations Council as well as the number of agreements in force on the terms and conditions of employment in the public sector and the number of workers covered by such agreements.

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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:

1. Article 6 of the Convention. Facilities to be afforded to workers’ representatives. The Committee notes that with regard to the public sector, the Government had stated that the facilities are provided to workers’ representatives under Regulation No. 26 of the Government Workers’ Regulations. The Committee requests the Government to transmit a copy of the Government Workers’ Regulations with its next report.

2. Article 7. Procedures for determining terms and conditions of employment. The Committee notes that the provisions of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act seem to apply in their entirety to public servants pursuant to the wide definition of employer under section 2 of the Act, which includes any public authority or statutory body. The Committee also notes that according to section 25 of the Act in cases where a trade union has made an application to the tripartite body for certification as the representative union, the tripartite body has discretion to determine the suitability of the bargaining unit in respect of which the application is made taking into account the community of interests among the employees in the bargaining unit, the nature, type and scope of their duties and any view expressed by the employer, the trade union or the employees. Moreover, under section 25(3), the tripartite body may, before granting any certification to a trade union, include additional employees of the employer to the bargaining unit, or exclude some employees therefore in order to make the unit more suitable as a bargaining unit.

The Committee observes that section 25 of the Act gives the tripartite body indeterminate discretion in defining a bargaining unit, a question which should be left as much as possible up to the employers’ and workers’ organizations concerned, and thereby does not afford adequate safeguards against interference in the process of certification. The Committee notes that where the employer must recognize the existing trade union under a system of compulsory recognition, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse (General Survey, paragraph 240), in particular, through the use of vague and abstract expressions like “suitability” or “community of interests”. The Committee therefore requests the Government to take all necessary measures to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principle, it being understood that the tripartite organization could establish more specific principles.

3. The Committee also notes that according to section 27(2) of the Act the tripartite body shall certify the trade union if the results of a survey show that the trade union is supported by at least 51 per cent of the employees comprising the unit. In this respect, the Committee considers that problems may arise when the law stipulates that a trade union must receive the support of more than 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent, since a majority union which fails to secure this absolute majority is thus denied the possibility of bargaining. The Committee considers that when no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members. The Committee therefore requests the Government to take all necessary measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principle.

4. The Committee notes that, according to the Government, negotiations in the public sector take place within the Joint Staff Relations Council. The Committee requests the Government to provide information on the composition and procedure of the Joint Staff Relations Council as well as the number of agreements in force on the terms and conditions of employment in the public sector and the number of workers covered by such agreements.

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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 the previous direct request, which read as follows:

1. Article 6 of the Convention. Facilities to be afforded to workers’ representatives. The Committee notes that with regard to the public sector, the Government had stated that the facilities are provided to workers’ representatives under Regulation No. 26 of the Government Workers’ Regulations. The Committee requests the Government to transmit a copy of the Government Workers’ Regulations with its next report.

2. Article 7. Procedures for determining terms and conditions of employment. The Committee notes that the provisions of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act seem to apply in their entirety to public servants pursuant to the wide definition of employer under section 2 of the Act, which includes any public authority or statutory body. The Committee also notes that according to section 25 of the Act in cases where a trade union has made an application to the tripartite body for certification as the representative union, the tripartite body has discretion to determine the suitability of the bargaining unit in respect of which the application is made taking into account the community of interests among the employees in the bargaining unit, the nature, type and scope of their duties and any view expressed by the employer, the trade union or the employees. Moreover, under section 25(3), the tripartite body may, before granting any certification to a trade union, include additional employees of the employer to the bargaining unit, or exclude some employees therefore in order to make the unit more suitable as a bargaining unit.

The Committee observes that section 25 of the Act gives the tripartite body indeterminate discretion in defining a bargaining unit, a question which should be left as much as possible up to the employers’ and workers’ organizations concerned, and thereby does not afford adequate safeguards against interference in the process of certification. The Committee notes that where the employer must recognize the existing trade union under a system of compulsory recognition, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse (General Survey, paragraph 240), in particular, through the use of vague and abstract expressions like “suitability” or “community of interests”. The Committee therefore requests the Government to take all necessary measures to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principle, it being understood that the tripartite organization could establish more specific principles.

3. The Committee also notes that according to section 27(2) of the Act the tripartite body shall certify the trade union if the results of a survey show that the trade union is supported by at least 51 per cent of the employees comprising the unit. In this respect, the Committee considers that problems may arise when the law stipulates that a trade union must receive the support of more than 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent, since a majority union which fails to secure this absolute majority is thus denied the possibility of bargaining. The Committee considers that when no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members. The Committee therefore requests the Government to take all necessary measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principle.

4. The Committee notes that, according to the Government, negotiations in the public sector take place within the Joint Staff Relations Council. The Committee requests the Government to provide information on the composition and procedure of the Joint Staff Relations Council as well as the number of agreements in force on the terms and conditions of employment in the public sector and the number of workers covered by such agreements.

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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:

1. Article 6 of the Convention. Facilities to be afforded to workers’ representatives. The Committee notes that with regard to the public sector, the Government had stated that the facilities are provided to workers’ representatives under Regulation No. 26 of the Government Workers’ Regulations. The Committee requests the Government to transmit a copy of the Government Workers’ Regulations with its next report.

2. Article 7. Procedures for determining terms and conditions of employment. The Committee notes that the provisions of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act seem to apply in their entirety to public servants pursuant to the wide definition of employer under section 2 of the Act, which includes any public authority or statutory body. The Committee also notes that according to section 25 of the Act in cases where a trade union has made an application to the tripartite body for certification as the representative union, the tripartite body has discretion to determine the suitability of the bargaining unit in respect of which the application is made taking into account the community of interests among the employees in the bargaining unit, the nature, type and scope of their duties and any view expressed by the employer, the trade union or the employees. Moreover, under section 25(3), the tripartite body may, before granting any certification to a trade union, include additional employees of the employer to the bargaining unit, or exclude some employees therefrom in order to make the unit more suitable as a bargaining unit.

The Committee observes that section 25 of the Act gives the tripartite body indeterminate discretion in defining a bargaining unit, a question which should be left as much as possible up to the employers’ and workers’ organizations concerned, and thereby does not afford adequate safeguards against interference in the process of certification. The Committee notes that where the employer must recognize the existing trade union under a system of compulsory recognition, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse (General Survey, paragraph 240), in particular, through the use of vague and abstract expressions like "suitability" or "community of interests". The Committee therefore requests the Government to take all necessary measures to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principle, it being understood that the tripartite organization could establish more specific principles.

3. The Committee also notes that according to section 27(2) of the Act the tripartite body shall certify the trade union if the results of a survey show that the trade union is supported by at least 51 per cent of the employees comprising the unit. In this respect, the Committee considers that problems may arise when the law stipulates that a trade union must receive the support of more than 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent, since a majority union which fails to secure this absolute majority is thus denied the possibility of bargaining. The Committee considers that when no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members. The Committee therefore requests the Government to take all necessary measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principle.

4. The Committee notes that, according to the Government, negotiations in the public sector take place within the Joint Staff Relations Council. The Committee requests the Government to provide information on the composition and procedure of the Joint Staff Relations Council as well as the number of agreements in force on the terms and conditions of employment in the public sector and the number of workers covered by such agreements.

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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:

1. Article 6 of the Convention. Facilities to be afforded to workers’ representatives. The Committee notes that with regard to the public sector, the Government states that the facilities are provided to workers’ representatives under Regulation No. 26 of the Government Workers’ Regulations. The Committee requests the Government to transmit a copy of the Government Workers’ Regulations with its next report.

2. Article 7. Procedures for determining terms and conditions of employment. The Committee notes that the provisions of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act seem to apply in their entirety to public servants pursuant to the wide definition of employer under section 2 of the Act, which includes any public authority or statutory body. The Committee also notes that according to section 25 of the Act in cases where a trade union has made an application to the tripartite body for certification as the representative union, the tripartite body has discretion to determine the suitability of the bargaining unit in respect of which the application is made taking into account the community of interests among the employees in the bargaining unit, the nature, type and scope of their duties and any view expressed by the employer, the trade union or the employees. Moreover, under section 25(3), the tripartite body may, before granting any certification to a trade union, include additional employees of the employer to the bargaining unit, or exclude some employees therefrom in order to make the unit more suitable as a bargaining unit.

The Committee observes that section 25 of the Act gives the tripartite body indeterminate discretion in defining a bargaining unit, a question which should be left as much as possible up to the employers’ and workers’ organizations concerned, and thereby does not afford adequate safeguards against interference in the process of certification. The Committee notes that where the employer must recognize the existing trade union under a system of compulsory recognition, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse (General Survey, paragraph 240), in particular, through the use of vague and abstract expressions like "suitability" or "community of interests". The Committee therefore requests the Government to take all necessary measures to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principle, it being understood that the tripartite organization could establish more specific principles.

3. The Committee also notes that according to section 27(2) of the Act the tripartite body shall certify the trade union if the results of a survey show that the trade union is supported by at least 51 per cent of the employees comprising the unit. In this respect, the Committee considers that problems may arise when the law stipulates that a trade union must receive the support of more than 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent, since a majority union which fails to secure this absolute majority is thus denied the possibility of bargaining. The Committee considers that when no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members. The Committee therefore requests the Government to take all necessary measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principle.

4. The Committee notes from the Government’s report that negotiations in the public sector take place within the Joint Staff Relations Council. The Committee requests the Government to provide information on the composition and procedure of the Joint Staff Relations Council as well as the number of agreements in force on the terms and conditions of employment in the public sector and the number of workers covered by such agreements.

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

1. Article 6 of the Convention. Facilities to be afforded to workers’ representatives. The Committee notes that with regard to the public sector, the Government states that the facilities are provided to workers’ representatives under Regulation No. 26 of the Government Workers’ Regulations. The Committee requests the Government to transmit a copy of the Government Workers’ Regulations with its next report.

2. Article 7. Procedures for determining terms and conditions of employment. The Committee notes that the provisions of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act seem to apply in their entirety to public servants pursuant to the wide definition of employer under section 2 of the Act, which includes any public authority or statutory body. The Committee also notes that according to section 25 of the Act in cases where a trade union has made an application to the tripartite body for certification as the representative union, the tripartite body has discretion to determine the suitability of the bargaining unit in respect of which the application is made taking into account the community of interests among the employees in the bargaining unit, the nature, type and scope of their duties and any view expressed by the employer, the trade union or the employees. Moreover, under section 25(3), the tripartite body may, before granting any certification to a trade union, include additional employees of the employer to the bargaining unit, or exclude some employees therefrom in order to make the unit more suitable as a bargaining unit.

The Committee observes that section 25 of the Act gives the tripartite body indeterminate discretion in defining a bargaining unit, a question which should be left as much as possible up to the employers’ and workers’ organizations concerned, and thereby does not afford adequate safeguards against interference in the process of certification. The Committee notes that where the employer must recognize the existing trade union under a system of compulsory recognition, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid an opportunity for partiality or abuse (General Survey, paragraph 240), in particular, through the use of vague and abstract expressions like "suitability" or "community of interests". The Committee therefore requests the Government to take all necessary measures to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principle, it being understood that the tripartite organization could establish more specific principles.

3. The Committee also notes that according to section 27(2) of the Act the tripartite body shall certify the trade union if the results of a survey show that the trade union is supported by at least 51 per cent of the employees comprising the unit. In this respect, the Committee considers that problems may arise when the law stipulates that a trade union must receive the support of more than 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent, since a majority union which fails to secure this absolute majority is thus denied the possibility of bargaining. The Committee considers that when no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members. The Committee therefore requests the Government to take all necessary measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act in accordance with the above principle.

4. The Committee notes from the Government’s report that negotiations in the public sector take place within the Joint Staff Relations Council. The Committee requests the Government to provide information on the composition and procedure of the Joint Staff Relations Council as well as the number of agreements in force on the terms and conditions of employment in the public sector and the number of workers covered by such agreements.