Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Jamaica (Ratification: 1962)

The Committee notes with regret that no report has been received from the Government. The Committee also notes the comments from the International Trade Union Confederation (ITUC) dated 29 August 2008, which are being translated and will be taken up by the Committee in its next examination of the application of the Convention by Jamaica. The Committee also requests the Government to send its observations in relation to the ITUC’s comments of 2007 on acts of anti-union discrimination and the refusal to recognize a trade union, and also on the fact that there are no trade unions in the export processing zones.

Article 4 of the Convention. The Committee recalls that its previous comments referred to the following matters:

–      the denial of the right to negotiate collectively in the case of workers in a bargaining unit when these workers do not amount to more than 40 per cent of the workers in the unit or when, if the former condition is satisfied, a single union that is engaged in the procedure of obtaining recognition does not obtain 50 per cent of the votes of the workers in a ballot that the minister has caused to be taken (section 5(5) of Act No. 14 of 1975 and section 3(1)(d) of its regulations); and

–      the need to take measures to amend the legislation so that a ballot is made possible when one or more trade unions are already established as bargaining agents and another trade union claims that it has more affiliated members in the bargaining unit than the other trade unions, and therefore invokes its most representative status in the unit in order to be considered as a bargaining agent.

The Committee recalls once again that, by ratifying the Convention, the State undertook to promote collective bargaining and that this implied granting collective bargaining rights to the most representative trade union or (jointly) trade unions. The Committee therefore hopes that the Government will take the necessary measures in the very near future to amend its legislation, lowering the percentage mentioned and allowing a ballot in cases of disputes concerning representativeness, so as to bring it into full conformity with the Convention as soon as possible. The Committee requests the Government to provide information in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.