Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Jersey

The Committee takes note of the Government’s report. It further notes the Draft Employment (Jersey) Law, which should come into force on 1 April 2005. The Committee wishes to raise the following points concerning the draft Law.

The Committee notes that pursuant to section 73 of the draft Law the right to not be unfairly dismissed (including dismissals on the grounds of trade union membership) is subject to the following conditions: on the date of dismissal, the employee should have been continuously employed for a period of not less than 26 weeks, or such other period as may be prescribed, or, if an employee is employed under a fixed-term contract of 26 weeks, or such other period as may be prescribed, or less, two-thirds of the fixed term should have expired; and the basic contractual hours of employment should be more than eight hours a week in order for an employee to benefit from the protection afforded by the draft Law. The Committee notes that according to section 77 of the draft Law, the only remedy possible is compensation awarded by a tribunal.

The Committee recalls that no person shall be prejudiced by reason of his trade union membership or legitimate trade union activities and that it is important for the legislation to lay down adequate safeguards against acts of anti-union discrimination, and in particular against dismissals. The Committee therefore requests the Government to amend the draft legislation so as to provide an adequate protection against anti-union dismissals coupled with effective and sufficiently dissuasive sanctions.

The Committee hopes that the Government will take the necessary measures to amend the draft Law before it enters into force. The Committee requests the Government to keep it informed of the measures taken in this regard. The Committee further requests the Government to provide the text of the draft legislation on collective bargaining and the protection of trade unions and their members in certain circumstances and their right to regulate themselves internally.