Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Haiti (Ratification: 1957)

The Committee notes the Government’s reply to the observations dated 31 July 2012 from the International Trade Union Confederation (ITUC), which deal in particular with legislative issues already raised by the Committee and with allegations of anti-union dismissals and obstacles to the exercise of trade union rights, particularly in the export processing zones. The ITUC also raises the issue of the observance of trade union rights of workers in the informal economy. Noting that most employment in Haiti is in the informal sector, the Committee requests the Government to indicate the manner in which the application of the Convention to workers in the informal economy is ensured and to clarify, in particular, whether specific measures have been adopted to address the particular difficulties encountered by these workers. The Committee also requests the Government to supply information on the application of the Convention in the export processing zones.

The Committee recalls that it has been asking the Government for many years to amend the national legislation, particularly the Labour Code, in order to bring it into conformity with the provisions of the Convention. In its previous observations the Committee noted that the Government referred to the establishment of a “think tank” for the reform of the Labour Code, that this reform would take account of the Committee’s comments and that the Government was availing itself of technical assistance from the Office towards this end. The Committee expressed the hope that the Government would continue to avail itself of such assistance in order to enable real progress in the revision of the national legislation in order to bring it into full conformity with the Convention. The Committee notes the technical assistance that the country has continued to receive in 2012, particularly in the context of the work in progress for the reform of the Labour Code.

The Committee recalls that its comments refer principally to:

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination in respect of their employment. The Committee recalls that its previous comments concerned the need to adopt a specific provision establishing protection against anti-union discrimination in recruitment practices, and the need to adopt provisions generally affording adequate protection to workers against acts of anti-union discrimination (on the basis of union membership or activity) during employment, accompanied by effective and rapid procedures and penalties acting as an adequate deterrent.

The Committee notes that section 251 of the Labour Code provides that: “any employer who, in order to prevent an employee from joining a trade union, organizing a trade union or exercising his or her rights as a trade union member, dismisses, suspends or demotes the employee or reduces his or her wages, shall be liable to a fine of 1,000 to 3,000 Haitian gourdes (HTG) (approximately US$25 to US$75) to be imposed by the labour tribunal, without prejudice to any compensation to which the employee concerned shall be entitled”. The Committee notes that the Government reiterates in its report that the social partners have begun to submit their views with regard to the preparation of the new Labour Code and that the points raised by the Committee regarding protection against anti-union discrimination at the time of recruitment and during employment are due to receive particular attention in the context of the reform in progress. The Committee requests the Government to ensure that, in the context of the reform of the Labour Code, the penalties provided for in the event of anti-union discrimination during employment are made more severe, in order to ensure that they act as an adequate deterrent. It also requests the Government to ensure that a specific provision establishing protection against anti-union discrimination at the time of recruitment is adopted.

Article 4. Promotion of collective bargaining. The Committee recalls that its previous comment also concerned the need to amend section 34 of the Decree of 4 November 1983, which empowers the Labour Organizations Branch of the Labour Directorate of the Ministry of Social Affairs and Labour to intervene in the drafting of collective agreements and in collective labour disputes with respect of all matters related to freedom of association. Noting the Government’s indication that this matter is due to receive particular attention in the context of the legislative reform in progress, the Committee hopes that the Government will avail itself of the technical assistance provided by the Office in this context to amend section 34 of the Decree of 4 November 1983, in order to ensure that the Labour Organizations Branch can only intervene in collective bargaining at the request of the parties. The Committee requests the Government to send a copy of any amendments adopted to this effect.

Right to collective bargaining of public officials and employees. The Committee requests the Government to provide information on the legal provisions relating to this field.

Right to collective bargaining in practice. The Committee appreciates the information to the effect that, further to the tripartite training on international labour standards and the ILO supervisory system organized by the Office in Port au-Prince in July 2012 for interested parties in the textile manufacturing sector, the participants affirmed the need, in order to continue to strengthen dialogue between the interested parties in this sector, to establish a permanent forum for bipartite dialogue which would meet each month to discuss all ILO-related subjects, and any other subject connected with labour relations. The Committee requests the Government to supply information on the activities of this dialogue forum and hopes that this process will be extended to other sectors, with technical assistance from the Office.

Finally, the Committee notes the Government’s indication that there is just one collective agreement in the country. The Government adds that it is essential that the “think tank” on the reform of the Labour Code takes account of the possibilities of promoting collective bargaining for all categories of workers. The Committee requests the Government to provide information on the aforementioned possibilities, and on any further developments in the situation (number of collective agreements concluded, sectors concerned and number of workers covered).