Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sierra Leone (Ratification: 1961)

The Committee observes with regret that the Government’s report does not address its previous comment, initially made in 2013, on the allegations of the International Trade Union Confederation (ITUC) concerning restrictions to collective bargaining in the mining sector. The Committee is therefore bound to reiterate its previous request for comments in this regard.

The Committee previously expressed its hope that the Government, availing its assistance, would give full effect to the Convention by reviewing the labour legislation in consultations with its social partners. The Committee, in this regard, notes the Government’s indication that the review has resulted in the development of a draft Employment Bill, 2022, and that the draft Industrial Relations and Trade Union Bill, 2022 (IR Bill) was elaborated post review of the Regulation of Wages and Industrial Relations Act No.18 of 1971.

Scope of application of the Convention. Fire force and correctional service personnel. The Committee observes that while the draft IR Bill does not explicitly exclude members of the fire force or correctional service personnel, the scope of the Employment Bill covers only civilian workers of either category.The Committee recalls that, with the sole exceptions set out in its articles 5 and 6, the rights and safeguards set out in the Convention apply to all workers, including fire service personnel and prison staff (2012 General Survey on the fundamental Conventions, paragraph 209). The Committee requests the Government to indicate any other regulation that would grant to the non-civilian members of the fire force and the correctional services the rights recognized by the Employment Bill that give application to the Convention and to ensure that these categories of workers are in a position to fully benefit from all its provisions.

Workers with supervisory responsibilities. The Committee previously requested the Government to take measures to ensure that workers with supervisory responsibilities could bargain collectively. The Committee welcomes the Government’s indication that the draft IR Bill includes within its scope, those with supervisory responsibilities (section 2(1)).

Other categories of workers.The Committee observes however that section 2(4) of the draft IR Bill allows the Minister, after consultations with the Joint Consultative Committee (section 13), to exempt any person or class of persons or any trade, industry or undertaking with terms and conditions of employment governed by special arrangements, from the coverage of the legislation. Recalling once again the very broad scope of the Convention, the Committee requests the Government to review section 2(4) of the draft IR Bill so as to ensure that all workers, with the only possible exception of the armed forces, the police and the public servants engaged in the administration are effectively covered by the legislation that gives application to the different provisions of the Convention.

Articles 1 and 2 of the Convention. The Committee previously requested the Government to take the necessary action to adopt specific legislative provisions, including effective and dissuasive sanctions against acts of anti-union discrimination and interference. The Committee welcomes the inclusion of provisions prohibiting and sanctioning acts of anti-union discrimination in the draft Employment Bill. The Committee however requests the Government to take the necessary steps to ensure that the future legislation also includes provisions that provide effective protection against acts of interference in accordance with Article 2 of the Convention.

Article 4. Promotion of collective bargaining. The Committee observes that section 37 of the draft IR Bill lays down the provision for the issuance of collective bargaining certificates by the Government. The Committee requests the Government to provide details regarding the objective criteria and procedures for the determination of a union’s eligibility to hold a collective bargaining certificate under the draft IR Bill.

Collective bargaining in practice. The Committee previously requested the Government for information on the measures taken to promote collective bargaining, with detailed statistics on collective agreements concluded. While noting the Government’s indication that the Ministry of Labour and Social Security: (i) issues collective bargaining certificates to registered trade unions; and (ii) publishes collective bargaining agreements reached between employers and workers, the Committee reiterates its request for information on the number of collective agreements in force, the sectors concerned, and the number of workers covered, in addition to any measures undertaken to promote the development of collective bargaining.

The Committee requests the Government to provide information on the adoption of the two bills mentioned above and hopes that the consideration of the present comments will contribute to ensure the full conformity of the legislation with the Convention.