Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bermuda

Protection against employer interference. In its previous comments, the Committee requested the Government to indicate any measures taken or envisaged to further protect against any possible employer intimidation or interference in respect of union certification or decertification. The Committee notes the information provided by the Government that the number of Labour Relations Officers has been doubled from two to four, a measure which it believes will assist the labour relations environment and play some part in protecting against any possible employer intimidation or interference in respect of union certification or decertification. The Committee requests the Government to provide information, in its next report, in this regard and to consider other ways of ensuring protection against acts of interference.

Coverage of management personnel. In its previous comments, the Committee requested the Government to indicate any measures taken or envisaged to include management personnel within the scope of the Trade Union Act so as to guarantee them the rights established by the Convention. In this regard, the Committee notes that the Government indicates that the Labour Advisory Council is in the process of finalizing a process of consideration of specific amendments to the Act which will help to protect employees generally and, specifically, will include management personnel within the scope of the Trade Union Act. The Committee requests the Government to transmit, with its next report, the amended Trade Union Act.

The Committee appreciates the information contained in the Government’s report and hopes that it will soon be able to note progress on these two issues.