Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Jamaica (Ratification: 1962)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC), in two communications dated 30 September 2009 and 4 August 2011, which mainly refer to matters already raised by the Committee.

Article 3 of the Convention. The right of organizations freely to organize their activities and to formulate their programmes. The Committee recalls that in its previous observations it referred to the extensive power of the minister to refer an industrial dispute to arbitration (sections 9, 10, and 11(A) of the Labour Relations and Industrial Disputes Act). The Committee notes that the Government reiterates in its report that it is seriously considering the ILO’s request to amend these sections and that it hopes that a positive response can be given in its next report. In these circumstances, the Committee reiterates its hope that sections 9, 10 and 11(A) of the Labour Relations and Industrial Disputes Act will be amended, taking into account that compulsory arbitration to end a collective labour dispute is acceptable only at the request of both parties or in instances where a strike may be restricted or even banned, i.e. in the event of a dispute in the public service involving public servants exercising authority in the name of the State, or in essential services in the strict sense of the term, namely services the interruption of which could endanger the life, personal safety or health of the whole or part of the population. The Committee requests the Government to indicate any developments in this regard.