Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Saint Kitts and Nevis (RATIFICATION: 2000)

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Article 3 of the Convention. Right of workers’ organizations to draw up their constitutions and rules and to organize their administration. In its previous comments, the Committee requested the Government to provide information on the measures taken to amend section 33(2) of the Trade Unions Act, which allows the Registrar to demand detailed financial information from unions. The Committee regrets that the Government merely reiterates that a formal request to amend section 33(2) was submitted to the competent authority and is pending for approval. The Committee urges the Government to take the necessary measures to amend section 33(2) of the Trade Unions Act without further delay and to provide a copy of the amendment once it is enacted.

Articles 3 and 4. Interference in the financial administration of a trade union. No dissolution or suspension of organizations by administrative authority. The Committee had previously requested the Government to amend certain provisions of the first draft of the Labour Code, which conferred excessive powers to the Registrar, in particular as regards the powers to demand detailed financial information from unions (section N33(2)), and to withdraw or cancel registration in certain circumstances (sections N14(e) and N15). The Committee notes the Government’s indication that the draft Labour Code has not yet been adopted, mainly due to the COVID-19 pandemic, and that it expects it to enter into force by the end of 2023. The Government, however, does not indicate the manner in which the Committee’s concerns with the first draft are being addressed. In this regard, the Committee expects that the new Labour Code will be adopted without further delay in consultations with the social partners and that the above-mentioned issues will be addressed so as to ensure that the adopted text is in full compliance with the Convention. The Committee requests the Government to provide a copy of the legislation once adopted.

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The Committee notes the information provided by the Government that while the previous draft Labour Code has been withdrawn, new measures have been adopted to prepare a new Labour Code through tripartite consultations and with technical assistance from the Office.

Article 3 of the Convention. Rights of workers’ and employers’ organizations to draw up their constitutions and rules and to organize their administration. In its previous comments, the Committee had invited the Government to provide information on the measures taken to amend section 33(2) of the Trade Unions Act, a provision allowing the Registrar to demand detailed financial information from unions. The Committee welcomes the Government’s indication that, in collaboration with the ILO, it held a tripartite consultation, in which the social partners agreed on the need to revise and amend the provisions of the Trade Union Act, taking into consideration the Committee’s observations, and that a formal request to amend section 33(2) was submitted to the competent authority and is pending for approval. The Committee requests the Government to provide information on further developments concerning the amendment of section 33(2) of the Trade Unions Act, and to transmit a copy of the amendment when it is enacted.

Articles 3 and 4. Interference in the financial administration of a trade union. No dissolution or suspension of organizations by administrative authority. The Committee observes that certain provisions of the first draft of the new Labour Code, attached to the Government’s report, confer excessive powers to the Registrar, in particular as to the powers to demand detailed financial information from unions (section N33(2)), and to withdraw or cancel registration in certain circumstances (sections N14(e) and N15). In this regard, the Committee recalls that: (i) while legislative requirements that the constitutions of organizations should contain provisions relating to their internal financial administration or which provide for external supervision of financial reports are acceptable, with a view to ensuring the conditions for honest and effective administration, supervision should be limited to the obligation of submitting annual financial reports or if there are serious grounds for believing that the activities of an organization are contrary to its rules or law (which itself should not infringe the principles of freedom of association); and (ii) the dissolution and suspension of trade union organizations constitute extreme forms of interference by the authorities in the activities of organizations and should therefore be accompanied by all the necessary guarantees, which can only be ensured through a normal judicial procedure which should also have the effect of a stay of execution (see General Survey on the fundamental Conventions, 2012, paragraphs 109 and 162). In these circumstances, the Committee requests the Government to take all the necessary measures to review the draft of the new Labour Code so as to restrict the Registrar’s powers, ensuring conformity with the Convention.

The Committee trusts that the Government will take full advantage of the technical assistance from the Office and will be in a position to report progress in this regard.

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

The Committee welcomes the information provided by the Government on the preparation of the draft Labour Code through tripartite consultations and with technical assistance from the ILO.

Article 3 of the Convention. Rights of workers’ and employers’ organizations to draw up their constitutions and rules and to organize their administration. In its previous comments, the Committee invited the Government to provide information about the measures taken to amend section 33(2) of the Trade Unions Act, a provision allowing the Registrar to demand detailed financial information from unions. The Committee notes with interest that the Government states that it endorsed the Committee’s request to amend section 33(2) of the Trade Unions Act; that the provisions of this Act were incorporated into the draft Labour Code with the changes requested by the Committee; and that the new Government intends to follow through with these changes.

The Committee further observes that certain provisions of the draft Labour Code confer upon the Registrar: (i) substantive screening powers in the registration process (section 209) and in relation to alterations in the constitution of an organization (section 211(2)); and (ii) powers to suspend or withdraw registration in certain circumstances (sections 212 and 221). In this regard, the Committee indicates, in its 2012 General Survey on the fundamental Conventions, paragraphs 100 and 162, that: (i) national legislation should only lay down formal requirements respecting trade union constitutions, except with regard to the need to follow a democratic process and to ensure a right of appeal for the members, and the constitutions and rules should only be subject to the verification of formal requirements by the authorities; and (ii) the dissolution and suspension of trade union organizations constitute extreme forms of interference by the authorities in the activities of organizations and should therefore be accompanied by all the necessary guarantees, which can only be ensured through a normal judicial procedure, which should also have the effect of a stay of execution. Finally, the Committee observes that the draft Labour Code relies on a broad definition of “employee” (section 3), stating that it intends to ensure that workers, regardless of their classification, are not excluded from the coverage of the Act. The Committee, however, recalls that the rights and guarantees set out in the Convention apply not only to employees but to all workers “without distinction whatsoever”, including independent and outsourced workers and workers without an employment contract.

The Committee requests the Government to make any necessary amendments to the draft Labour Code to ensure conformity with the abovementioned principles. The Committee hopes that the new Labour Code will soon be adopted and requests the Government to provide a copy.

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Article 3. Right of workers’ and employers’ organizations to organize their administration. In its previous comments, the Committee had noted that section 33(2) of the Trade Unions Act provides that “the Registrar may at any time by order in writing require the treasurer or any other officer of a trade union to deliver to him, by a date to be specified in such order, detailed accounts of the revenue, expenditure, 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 be supported by such documents as the Registrar in any case may require”. The Committee had recalled that the control exercised by the public authorities over trade union finances should not normally exceed the obligations to submit periodic reports and that the discretionary right of the authorities to carry out inspections and request information at any time entails a danger of interference in the internal administration of trade unions. The Committee notes that the Government indicates in its report that it is in the process of formulating a Labour Code and that it received technical assistance in this process. The Government further indicates that among the recommendations that would be forwarded to the competent authority is the change requested by the Committee with regard to section 33(2) of the Trade Unions Act. In these circumstances, the Committee requests the Government to provide in its next report information on any measure taken to amend section 33(2) of the Trade Unions Act and hopes that its comments will be taken into account in this regard. Moreover, the Committee requests the Government to provide a copy of the Labour Code, once adopted.

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Article 2 of the Convention. In its previous comments, the Committee invited the Government to provide information on the number of trade unions (including the number of affiliated workers) and employers’ organizations existing in the country. The Committee notes that the Government indicates in its report that there are currently two trade unions in the country, St Kitts and Nevis Trades and Labour Union and St Kitts and Nevis Teachers Union with respectively 500 and 450 affiliated members; and three employers’ organizations, St Kitts and Nevis Chamber of Industry and Commerce and Manufacturing Division, St Kitts and Nevis Hotel and Tourism Association and St Kitts and Nevis Contractors’ Association.

Article 3. Right of workers’ and employers’ organizations to organize their administration. In its previous comments, the Committee had noted that section 33(2) of the Trade Unions Act provides that “the Registrar may at any time by order in writing require the treasurer or any other officer of a trade union to deliver to him, by a date to be specified in such order, detailed accounts of the revenue, expenditure, 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 be supported by such documents as the Registrar in any case may require”. The Committee had recalled that the control exercised by the public authorities over trade union finances should not normally exceed the obligations to submit periodic reports and that the discretionary right of the authorities to carry out inspections and request information at any time entails a danger of interference in the internal administration of trade unions. The Committee had requested the Government to take the necessary measures so as to amend section 33(2) of the Trade Unions Act, in conformity with this principle. The Committee notes that the Government indicates that consideration of this request will be given by the competent authority and that notice of the competent authority’s action will be forwarded to the Committee as soon as it becomes available. In these circumstances, the Committee requests the Government to provide in its next report information on any measure taken in this regard.

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Article 2 of the Convention. Following the examination of the Government’s first report and the legislation available, the Committee invites the Government to provide further information on the number of trade unions (including the number of affiliated workers) and employers’ organizations existing in the country.

Article 3. Right of workers’ and employers’ organizations to organize their administration. The Committee notes that section 33(2) of the Trade Unions Act provides that “the Registrar may at any time by order in writing require the treasurer or any other officer of a trade union to deliver to him, by a date to be specified in such order, detailed accounts of the revenue, expenditure, 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 be supported by such documents as the Registrar in any case may require”. The Committee considers that the control exercised by the public authorities over trade union finances should not normally exceed the obligations to submit periodic reports. The discretionary right of the authorities to carry out inspections and request information at any time entails a danger of interference in the internal administration of trade unions. The Committee requests the Government to take the necessary measures so as to amend section 33(2) of the Trade Unions Act, in conformity with this principle.