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

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

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Article 4 of the Convention. Legislative measures to promote collective bargaining in the private sector. The Committee in its previous comment observed that theEmployment Rights Ordinance does not contain specific provisions regulating collective bargaining and requested the Government to adopt legislative measures to promote collective bargaining in the private sector. The Committee observes that though the Government takes note of this, it does not provide information in this regard. The Committee therefore requests the Government once again to take concrete measures to promote collective bargaining in the private sector in accordance with Article 4 of the Convention and to provide information in this respect.

Articles 4 and 6. Collective bargaining in the public sector. The Committee in its previous comment noted the indication of the Government that the right to collective bargaining of public servants not engaged in the administration of the State was recognized through the establishment of the Employee Representative Committee (ERC). It requested the Government to provide information on the ongoing processes and related outcomes in this regard. The Committee notes the Government’s indication that the St Helena Public Service (SHPS) Leadership Team meets the St Helena Public Service Employment Rights Committee (SHPSERC) every quarter to discuss issues related to the Terms and Conditions of public servants in a ‘Partnership Forum’(PF) and that the SHPSERC successfully negotiated improvements to the Compassionate Leave and Redundancy policies. The Government adds that negotiations are ongoing to improve other policies relating to the terms and conditions of public service employees, including the review of the disciplinary, grievance, capability, and probation policies. The Committee observes that PF Guidelines indicate that the Government has agreed with the SHPERC on the key areas in which it will negotiate, including terms and conditions of employment relating to all employees within grades A to H. The Committee welcomes this information and requests the Government to continue providing details about the processes and outcomes of collective bargaining in the public sector.

Promotion of collective bargaining in practice. The Committee encourages the Government to continue to provide information on the measures taken, in accordance with Article 4 of the Convention, to promote collective bargaining in different sectors of the economy. The Committee also requests the Government to provide statistics on the number of collective agreements concluded and in force, the sectors concerned, and the number of workers covered by these agreements.