Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - British Virgin Islands

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Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee had requested the Government to indicate the measures taken to adopt, as requested by section 180 of the new Labour Code 2010, the regulations aimed at establishing the rules for the recognition of bargaining agents. The Committee notes that the Government states that: (i) a Consultant was engaged to assist with the review of the Labour Code, but the process has not been finalized; and (ii) the needed Regulations to supplement the Labour Code 2010 (Act No. 4 of 2010) have still not been formulated; (iii) besides the British Virgin Islands Teachers’ Union, there are no prominent trade unions or bargaining agents in the British Virgin Islands; and (iv) due to the implementation of sound labour management practices based on the Labour Code 2010, harmonious labour relations tend to exist between employers and employees and, as a result, no known collective agreements have been concluded during the specified timeframe. The Committee stresses that collective bargaining is a fundamental right, the exercise of which not only helps settle labour conflicts but also get the most of and further strengthen harmonious labour relations. It also recalls that the Government has, under Article 4 of the Convention, an obligation to promote collective bargaining and that collective bargaining should not be hampered by the absence of rules governing the procedure to be used. Noting with concern that 12 years after the adoption of the new Labour Code the rules for the recognition of bargaining agents are yet to be established, the Committee urges the Government to: (i) take the necessary measures to adopt the referred regulations; and (ii) take specific measures to promote the use of collective bargaining in the different sectors of the economy. The Committee requests the Government to provide information in this respect.

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Article 4 of the Convention. Promotion of collective bargaining. Legislative matters. In its previous comments, the Committee had requested the Government to indicate the measures taken to adopt, as requested by section 180 of the new Labour Code 2010, the regulations aimed at establishing the rules for the recognition of bargaining agents. The Committee notes that the Government states that: (i) the regulations that are needed to supplement the Labour Code 2010 have not been completed due to the pending amendments to the Labour Code; and (ii) a consultant has been engaged to assist with the review of the Labour Code and any necessary additional inputs to the regulations. While noting this information, the Committee recalls once again the importance that the determination of bargaining agents be based on clear, objective and predetermined criteria. The Committee therefore reiterates its request and hopes that the Government will soon be able to report progress regarding the adoption of the abovementioned regulations.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force in the country, the sectors concerned and the number of workers covered by these agreements.

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Article 4 of the Convention. Right to collective bargaining. In its previous comments, the Committee noted that according to section 180 of the new Labour Code 2010 (Act No. 4 of 2010), the minister shall, after consultations with stakeholders, make regulations respecting the recognition of bargaining agents. The Committee requested the Government to indicate the measures taken in this regard and to provide a copy of such regulations once adopted. The Committee notes that the Government indicated in its prior report that a request had been submitted to the Attorney-General’s Chambers but that in its latest report the Government indicates that there has been no new development. The Committee reiterates its previous request and underlines the importance that the determination of bargaining agents be based on clear, objective and predetermined criteria.

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Article 4 of the Convention. Right to collective bargaining. In its previous comment, the Committee noted that according to section 180 of the new Labour Code 2010 (Act No. 4 of 2010), the minister shall, after consultations with stakeholders, make regulations respecting the recognition of bargaining agents. The Committee requested the Government to indicate the measures taken in this regard and to provide a copy of such regulations once adopted. The Committee notes that the Government indicates in its report that a request has been submitted to the Attorney General’s Chambers as it relates to the drafting of Regulations on the right to collective bargaining and that updated information will be sent in the next report. The Committee requests the Government to provide information on any development related to this matter.

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Article 4 of the Convention. Right to collective bargaining. The Committee notes that according to section 180 of the new Labour Code 2010 (Act No. 4 of 2010), the Minister shall, after consultations with stakeholders, make Regulations respecting the recognition of bargaining agents. The Committee requests the Government to indicate in its next report the measures taken in this regard and to provide a copy of such regulations once adopted.

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The Committee notes the adoption of a new Labour Code in 2010 (Act No. 4 of 2010).

Article 1 of Convention. Protection against acts of anti-union discrimination. The Committee notes with satisfaction that the new Labour Code provides for protection against anti-union discrimination (sections 44, 82(1) and (2), 85 and 86), providing even reinstatement and other dissuasive sanctions.

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