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

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

The Committee notes the Government’s observations in relation to the comments submitted by the International Trade Union Confederation (ITUC) in 2008 concerning trade unions rights in export processing zones (EPZs), and in particular that the areas once regarded as EPZs have ceased activity. The Committee further notes the comments submitted by the ITUC, in a communication dated 4 August 2011, which mainly refers to matters already raised by the Committee.

Article 4 of the Convention. The Committee recalls that several of 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 notes that the Government indicates that, while it has not yet taken steps to amend its legislation regarding these two matters, it will endeavour to pursue the early amendment of the legislation. The Committee reiterates its hope 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. The Committee requests the Government to indicate in its next report any developments in this regard.