Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Jamaica (Ratification: 1962)

The Committee notes that the Government’s report has not been received.

It also notes the comments on the application of the Convention submitted by the International Trade Union Confederation (ITUC) on 28 August 2007 which refer to issues already raised and the non-deduction of union dues from the affiliates of the National Workers Union (NWU) in the oil sector. The Committee requests the Government to send its observations on the ITUC’s comments as well as on those submitted by the International Confederation of Free Trade Unions (ICFTU) in 2006 which largely concerned legislative issues still outstanding and obstacles to the exercise of trade union rights in the export processing zones.

The Committee underlines that it previously commented on the extensive power of the Minister to refer an industrial dispute to arbitration (sections 9, 10 and 11(A) of the Labour Relations and Industrial Disputes Act). The Committee recalls that compulsory arbitration should be limited to essential services in the strict sense of the term or situations of acute national crisis and that, otherwise, recourse to compulsory arbitration should only be possible at the request of both parties to the dispute. The Committee once again requests the Government to indicate in its next report any progress made in amending the legislation.