Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Saint Vincent and the Grenadines (RATIFICATION: 2001)

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The Committee notes the Labour Relations Bill, 2022 (LRB). The Committee wishes to draw the Government’s attention to the following provisions of the LRB which are not in conformity with the Convention.

Article 2 of the Convention. Definition of worker. The Committee notes that the LRB defines the term “employee” as “an individual who offers his or her services under a contract of employment whether for a short term or an indefinite period and may include a former employee where the context admits” (section 2(1)). The Committee recalls that all workers without distinction whatsoever (with the only possible exception of members of the armed force and the police) must be covered by the principles set out in the Convention. These include, in particular, domestic workers, workers in the informal economy, apprentices and workers during their probationary period, self-employed workers, workers without employment contracts, and agricultural workers. The Committee also recalls that legislation should not prevent former workers and retirees from joining trade unions, if they so wish, particularly when they have participated in the activity represented by the union ( 2012 General Survey on the fundamental Conventions, paragraph 71). The Committee requests the Government to amend the draft legislation so as to ensure that the right to organize is recognized for all workers, regardless of their contractual situation.

Article 3. Right of organizations to draw up their constitutions and rules. Internal administration. The Committee notes that Schedule 1 of the LRB outlines what type of provisions and information shall be included in the constitution of an organization. The Committee notes, in particular, that under point 14, an organization’s constitution shall provide for the conditions under which a member may become entitled to financial benefit provided by the organization, which would appear to suggest that organizations must provide financial benefit to their members. The Committee recalls that legislative provisions should only lay down formal requirements respecting trade union constitutions and that such matters as assistance to members should be left to the discretion of the organizations concerned. The Committee requests the Government to repeal point 14 of Schedule 1 of the LRB so as to ensure that trade unions and employer organizations are free to determine their own constitution, rules and procedures.

Right to strike. The Committee notes that pursuant to section 6 of the LRB, an employee engaged in essential services shall not withdraw his or her services except as provided under the Essential Services Act. The Committee requests the Government to provide a copy of this Act.

Article 4. Dissolution or suspension of organizations by administrative authority. The Committee notes that the cancelation of the registration of an organization, regulated under sections 21 and 22 of the LRB is subject to a judicial appeal. The Committee requests the Government to indicate whether such an appeal would have the effect of a stay of execution.

Noting the Government’s indication that the Bill is before the Cabinet, the Committee expects that the Labour Relations Bill will be amended taking into account the comments above.

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Articles 2 and 3 of the Convention. In its previous comment, the Committee referred to the need to amend sections 11(3) and 25 of the Trade Union Act (TUA), so as to eliminate the discretionary authority of the Registrar in respect of the registration of trade unions and to limit the powers of the Registrar to conduct investigations into the accounts of trade unions. The Committee notes the Government’s indication that following a series of consultations with the social partners, the revised Labour Relations Bill (LRB) is before the Cabinet. According to the Government, the revised Bill addresses the above-mentioned issues and once enacted, will repeal the TUA. The Committee welcomes draft sections 16 and 19 of the LRB, which would repeal the discretionary authority of the Registrar regarding registration of organizations and limit the power of the Registrar to receiving an organization’s annual return. The Committee requests the Government to provide information on all developments regarding the adoption of the LRB, which it expects to be in full conformity with the Convention, and to provide a copy of the Act once adopted.

The Committee is raising other matters in a request addressed directly to the Government.

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Articles 2 and 3 of the Convention. In its previous comment, the Committee referred to the need to amend sections 11 (3) and 25 of the Trade Unions Act (TUA) so as to eliminate the discretionary authority of the Register in respect of the registration of trade unions and to limit the powers of the Registrar to conduct investigations into the accounts of trade unions. The Committee expressed the hope that the Government would continue the consultations with the social partners and that the new Labour Relations Bill would be adopted in the near future to replace the TUA and that it would address the abovementioned issues. The Committee notes the Government’s indication that no changes have been made to the legislation and that given the length of time elapsed since the last series of legislative consultations, it has become necessary to begin the process anew. It further notes the Government’s indication that it has received funds from an international financial institution in order to undertake, in consultation with the social partners, the revision of the Labour Relations Bill. According to the Government, the consultation process will last 18 months, following which it will be presented to the Cabinet and, it is hoped, subsequently enacted by the Parliament. The Committee notes with regret the lack of progress made in amending sections 11(3) and 25 of the TUA and firmly hopes that the revised Labour Relations Bill will be adopted in the very near future and that the Committee’s comments above will be taken into account so as to give full effect to the Convention.

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The Committee notes the observations from the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

Articles 2 and 3 of the Convention. Legislative matters. The Committee had previously referred to the need to amend the following sections of the Trade Unions Act (TUA): section 11(3), so as to eliminate the discretionary authority of the Registrar in respect of the registration of trade unions; and section 25, so as to limit the powers of the Registrar to conduct investigations into the accounts of trade unions. The Committee had noted the Government’s indication that the new Labour Relations Bill which would repeal the abovementioned sections of the TUA was still awaiting the Cabinet’s approval. In its previous observation, the Committee noted that the Government indicated in its report that: (i) there had been some setbacks on the progress of the new Labour Relations Bill as a result of circumstances outside the control of the Department of Labour; (ii) it had become necessary to review the draft Bill by way of consultations with the new leadership of the respective social partners; and (iii) this process had commenced and the Government remained hopeful that the new Bill would be adopted in the near future. The Committee expressed the hope that the new Labour Relations Bill would be adopted in the near future and would address the abovementioned issues.

The Committee notes that the Government reports that: (i) no changes have occurred with respect to legislation or practice affecting the application of the Convention; (ii) there has been no new development with regard to the ongoing consultation in respect of the proposed Labour Relations Bill; and (iii) the Government continues to remain hopeful that the new Bill will be adopted in the near future.

The Committee firmly hopes that the Government will continue the consultation with the social partners and that the Labour Relations Bill will be adopted in the near future and will address the abovementioned issues. The Committee requests the Government to provide information on any progress made in this regard.

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Articles 2 and 3 of the Convention. The Committee had previously referred to the need to amend the following sections of the Trade Unions Act (TUA): section 11(3), so as to eliminate the discretionary authority of the registrar in respect of the registration of trade unions; and section 25, so as to limit the powers of the registrar to conduct investigations into the accounts of trade unions. The Committee recalls that, in its previous direct request, it had noted the Government’s indication that the new Labour Bill which, as previously stated, would repeal the abovementioned sections of the TUA, was still awaiting Cabinet’s approval.

The Committee notes that the Government indicates in its report that: (1) there have been some setbacks on the progress of the new Labour Relations Bill as a result of circumstances outside the control of the Department of Labour; (2) it has become necessary to review the draft Bill by way of consultations with the new leadership of the respective social partners; and (3) this process has commenced and it remains hopeful that the new Bill will be adopted in the near future.

The Committee hopes that the new Labour Relations Bill will be adopted in the near future and will address the abovementioned issues. The Committee requests the Government to provide information in its next report on any progress made in this regard.

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The Committee had previously referred to the need to amend the following sections of the Trade Unions Act (TUA): section 11(3), so as to eliminate the discretionary authority of the registrar in respect of the registration of trade unions; and section 25, so as to limit the powers of the registrar to conduct investigations into the accounts of trade unions. The Committee recalls that, in its previous direct request, it had noted the Government’s indication that the new Labour Bill which, as previously stated, would repeal the abovementioned sections of the TUA, was still awaiting Cabinet’s approval. The Committee notes that the Government indicates in its report that, due to an absence of a functioning tripartite committee for the past two years and the request made by the St Vincent Employers’ Federation for further consultation on the draft Labour Relations Bill, the Government deferred taking any action until these matters have been appropriately addressed. The Committee further notes that the Government indicates that the tripartite committee has now been reactivated and a series of consultations will be held during the remainder of this year. The Committee once again expresses the hope that the Bill will be adopted in the near future and requests the Government to provide information in its next report on any development in this regard.

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The Committee had previously referred to the need to amend the following sections of the Trade Unions Act (TUA): section 11(3), so as to eliminate the discretionary authority of the registrar in respect of the registration of trade unions; and section 25, so as to limit the powers of the registrar to conduct investigations into the accounts of trade unions. The Committee notes from the Government’s report that the new Labour Bill, which, as previously stated, would repeal the abovementioned sections of the TUA, was still awaiting Cabinet’s approval. It once again expresses the hope that the Bill would be adopted in the near future and requests the Government to indicate any developments in this regard.

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The Committee notes the report of the Government.

The Committee had previously referred to the need to amend the following sections of the Trade Unions Act (TUA): section 11(3), so as to eliminate the discretionary authority of the registrar in respect of the registration of trade unions; and section 25, so as to limit the powers of the registrar to conduct investigations into the accounts of trade unions. In this respect, the Committee notes the Government’s indication that a new Labour Relations Bill repealing the abovementioned sections of the TUA has been drafted. The Bill is awaiting Cabinet’s approval before being submitted to Parliament. The Committee expresses the hope that the Bill would be adopted in the near future and requests the Government to keep it informed of any developments in this regard.

With regard to its previous comment on the application of the Public Order Act’s provisions with regard to the conduct of strike action, the Committee notes the Government’s statement that there have been no recent instances where these provisions were applied in relation to the conduct of strike action.

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The Committee takes note of the Government’s report. The Committee notes that according to the Government, there has been no change in law or practice in applying the Convention. The Committee recalls that its previous comments concerned the following issues:

(a)  the need to amend section 11(3) of the Trade Unions Act so as to eliminate the discretionary authority of the Registrar in respect of the registration of trade unions; and

(b)  the need to amend section 25 of the Trade Unions Act so as to limit the powers of the Registrar to conduct investigations into the accounts of trade unions.

The Committee further recalls that it had requested the Government to provide information on any practical application in recent years of the Public Order Act’s provisions with regard to the conduct of strike action.

The Committee requests the Government to furnish information in respect of the aforesaid matters in its next report.

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The Committee notes with interest the information contained in the Government’s first report. It wishes to raise a certain number of points concerning the application of the following Articles of the Convention.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing without previous authorization. The Committee takes note of the information contained in the Government’s report with respect to the need for all trade unions to be registered within the first three months of their establishment. The Committee notes that, pursuant to section 11(1) of the Trade Unions Act, the provisional registration lasts for a minimum period of six months, which can be extended under the Registrar’s discretion. Pursuant to section 11(3), a trade union shall be finally registered if the Registrar is satisfied that the provisions of section 14(1) have been complied with and that the trade union: (a) has attained a reasonable degree of efficiency and organization in the management of its affairs; (b) includes among its members a substantial number of persons employed in the industry which it purports to represent. The Committee wishes to point out that problems of compatibility with the Convention may arise where the registration procedure is long and complicated or when the legislation confers to the competent authority a genuinely discretionary power to grant or reject a registration request or to grant or withhold the approval required for the establishment and functioning of an organization. These factors may be a serious obstacle to the establishment of organizations and may amount to a denial of the right of workers and employers to establish organizations without previous authorization (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 74-75). The Committee requests the Government to amend section 11(3) so as to eliminate the discretionary authority of the Registrar and to bring the legislation into conformity with the Convention.

Article 3. Right of workers’ organizations to elect their representatives in full freedom, to organize their administration and activities and to formulate programmes without interference from the public authorities. The Committee notes that sections 24 and 25 of the Trade Unions Act contain provisions according to which every trade union treasurer is required to render accounts to the members of the union and to submit reports to the Registrar. Section 25(2) provides:

The Registrar may at any time, by order in writing, require the treasurer or any other officer of a trade union to produce for his inspection the account book and subscription registers of such trade union and to deliver to him, by a date to be specified in such order, detailed accounts of the revenues, expenditures, assets, liabilities and funds of the trade union in respect of any period specified in such order, and any accounts so rendered shall include such details and information, and may be supported by such documents, as the Registrar in any case may require.

The Committee recalls that it considers that there is no infringement of the right of organizations to organize their administration if, for example, the supervision is limited to the obligation of submitting periodic financial reports or if there are serious grounds for believing that the actions of an organization are contrary to its rules or the law; similarly, there is no violation of the Convention, if such verification is limited to exceptional cases, for example in order to investigate a complaint, or if there have been allegations of embezzlement. Problems of compatibility with the Convention arise when the law gives the authorities powers of control which go beyond the abovementioned principles and, in particular, when the authority has the power to examine the books and other documents of an organization, conduct an investigation and demand information at any time (see General Survey, op. cit., paragraphs 125 and 126). The Committee considers that section 25(2) confers to the Registrar overly broad investigation powers. Furthermore, the Trade Unions Act does not provide for a mechanism of review by a competent judicial authority affording every guarantee of impartiality and objectivity. The Committee therefore requests the Government to take the necessary measures to amend section 25 of the Trade Unions Act so as to limit the powers of the Registrar to conduct investigations into trade unions accounts and to keep it informed of any developments.

Right to strike. The Committee notes the Government’s statement in its report that the workers are allowed to strike and do so when they think they have exhausted all other alternatives for settlement of disputes. The Committee also notes the provisions of the Public Order Act and in particular section 6, which provides: "For removing doubts, no person has a right to hold a meeting in a public place"; and section 8 according to which the Chief of Police may give directions prohibiting the meeting from being held, or from continuing to be held. Furthermore, section 8(2) states that in particular circumstances the Chief of Police shall apply to the Governor for an order prohibiting for such period not exceeding three months the holding of all public meetings. The Committee requests the Government to provide information on any practical application in recent years of the Public Order Act’s provisions with regard to the conduct of strike action.