Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 11) sur le droit d'association (agriculture), 1921 - Iles Salomon (Ratification: 1985)

The Committee observes that under section 2 of the Labour Act (1996), the term “worker” refers to “any person who has entered into or works under a contract of service or apprenticeship with an employer whether by way of manual labour, clerical work or otherwise, whether the contract is expressed or implied, is oral or in writing, but does not include a domestic servant or seaman”. Section 2 of the Trade Union Act (1996) is to the same effect to the extent that it requires a contractual relationship to be considered a “worker” and thus benefit from the rights of association and combination. The Committee further notes the Government’s indication that employees in the agricultural undertakings are granted the rights of freedom of association, which would appear to indicate that a contractual relationship is a condition for benefiting the rights under the Convention. Recalling that the Convention applies to “all those engaged in agriculture”, the Committee requests the Government to indicate whether self-employed workers (farmers working on their own or within their family) enjoy the rights of association and combination under the Convention and, if so, to indicate the relevant legislative provisions.