Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Suriname (Ratification: 1996)

Legislative developments. In its previous comments the Committee had noted the Government’s indication that a new law on collective bargaining was being drafted with the aim of updating the existing Collective Bargaining Agreements Act, in order to further implement relevant ILO instruments and Recommendations, as well as the Caribbean Community Model Law on the Recognition, Status and Registration of Trade Unions. The Committee notes that the Government informs that the Collective Labour Agreements Act (WCAO) and the Freedom of Association Act (WVV) were approved by the National Assembly and entered into force on 27 December 2016. The text of the Acts have not been provided by the Government. The Committee requests the Government to provide a copy of the Acts.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee notes that in the publication prepared by the Government on the Labour Law Reform and transmitted to the Committee, the Government makes reference to various provisions of the WCAO and the WVV which prohibit acts of anti-union discrimination and interference and provide for adequate protection against such acts. The Committee requests the Government to provide further details on the scope of the referred provisions and to indicate the procedures that are available in the legislation for workers’ organizations against acts of anti-union discrimination and interference as well as information on the sanctions that can be applied in such cases.

Article 4. Representativeness for the purposes of collective bargaining. Promotion of collective bargaining. The Committee notes that in the abovementioned publication, the Government indicates that section 4(1) of the WCAO provides that only trade unions that represent the majority of employees in a company are entitled to conclude collective agreements. The Committee recalls that while it is acceptable that the union which represents the majority or a high percentage of workers in a bargaining unit should enjoy preferential or exclusive bargaining rights, the Committee considers that in cases where no union meets these conditions, or does not enjoy such exclusive rights, minority trade unions should at least be able to conclude a collective or direct agreement on behalf of their own members. The Committee requests the Government to take the necessary measures in order to ensure that if there is no union representing the majority of employees, collective bargaining rights are granted to the existing unions, jointly or separately, at least on behalf of their own members.

Collective bargaining in practice. The Committee requests the Government to provide information on the measures taken, in conformity with Article 4 of the Convention, to promote collective bargaining as well as to provide information on the number of collective agreements concluded and in force in the country, indicating the sectors concerned and the number of workers covered.

Article 6. Public servants not engaged in the administration of the State. The Committee requests the Government to indicate whether the rights and guarantees of the Convention apply to public servants who are not engaged in the administration of the State and requests the Government to transmit the relevant legislative provisions.