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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Jamaica (Ratification: 1962)

The Committee notes the observations of the Jamaica Confederation of Trade Unions (JCTU) and the Jamaica Employers Federation (JEF) transmitted with the Government’s report, which deal with issues examined by the Committee in this observation.

The Committee notes the Government’s response regarding the observations of the International Trade Union Confederation (ITUC) received on 1 September 2015, which denounced fixed and unreasonable procedural requirements for, and limitations on, collective bargaining. In this respect, the Committee notes the Government’s indication that it: (i) is examining the issues raised and will discuss them with the social partners at the Labour Advisory Council (LAC); and (ii) will provide an update to the Committee on the progress of the discussions. While welcoming the discussions planned with the social partners at the LAC, and taking into consideration that these issues have already been raised by the ITUC on different occasions and that some of them have been examined by the Committee, the Committee requests the Government to provide comprehensive information regarding the outcomes of the discussions and any actions taken in this regard.

Article 4 of the Convention. Promotion of collective bargaining. Recognition of organizations for the purposes of collective bargaining. As expressed in its previous comment, the Committee has for many years, requested the Government to amend section 5(5) of the Labour Relations and Industrial Disputes Act (LRIDA) of 1975 and section 3(1)(d) of its regulations with a view to ensuring that the thresholds required for entering into collective bargaining do not constitute an obstacle to the promotion of free and voluntary collective bargaining. The Committee notes the Government’s indication that legislation has not been amended to address the Committee’s observations but that the legislation will be reviewed in the 2022–23 fiscal year. The Committee also takes note of the statistics provided by the Government as of August 2021, indicating that 14 collective bargaining agreements are in force and cover a total number of 1,335 workers in the sectors of aviation, banking, catering, energy, food and beverage, financial services, and manufacturing. The Committee considers that the very low coverage of collective agreements in the country could appear to be related to the restrictive requirements to engage in collective bargaining contained in section 5(5) of the LRIDA and section 3(1)(d) of its regulations. Recalling that this issue has been raised since 1990, the Committee deeply regrets the lack of progress and urges the Government to take the necessary measures in the very near future to amend its legislation in order to: (i) ensure that if no union reaches the required threshold to be recognized as a bargaining agent, unions are given the possibility to negotiate, jointly or separately, at least on behalf of their own members; (ii) recognize the right of any organization which in a previous ballot failed to secure a sufficiently large number of votes to request a new election after a stipulated period; and (iii) recognize the right of any new organization other than the previously certified organization to demand a new ballot after a reasonable period has elapsed. The Committee requests the Government to provide information on the developments in this regard.

Promotion of collective bargaining in the public sector. The Committee takes note of the observations of the JCTU regarding the adoption of negotiation protocols that have modified the modalities of collective bargaining in Government Ministries, Agencies, Departments and Parastatals. The Committee requests the Government to provide further information on the implications of the new negotiation protocols in the promotion of collective bargaining in the public sector, including the number of collective agreements concluded in this sector and the number of workers covered.

Application of the Convention in practice. The Committee encourages the Government to continue to provide detailed information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements. Observing that collective bargaining can also take place through Joint Industrial Councils, which can set wages and working conditions applicable to entire industries, the Committee requests the Government to provide information on the agreements in force at the multi-employer and sectoral level. The Committee finally requests the Government to report on the measures taken, in accordance with Article 4 of the Convention, to promote collective bargaining at all levels.

The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.