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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Jersey

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programmes. In its previous comments, the Committee had requested the Government to provide information on any developments concerning the review of the Employment Relations Law (ERL) and codes of practice, in particular, the provisions regulating the exercise of the right to strike (right to secondary action and social and economic protests – see section 20(3) of the ERL and Code 2; picketing – Code 2; compulsory arbitration – sections 22 and 24 of the ERL and Code 3; essential services – Code 2; and conditions for protected industrial action and the application by the courts of sections 3 and 20(2) of the ERL and Code 3). The Committee notes the Government’s indication that the ERL continues to achieve its purpose in supporting a non-adversarial dispute resolution system having been developed following significant public consultation, and as demonstrated by Jersey’s very good industrial relations record. The Government indicates that according to the Jersey Advisory and Conciliation Service (JACS), both workers’ organizations and employers continue to find that the ERL and the codes of practice provide an effective framework in a format that is accessible and easily understood, the success of which had been demonstrated by parties actively pursuing early mediation to resolve matters and by the absence of industrial actions. The Government further recalls that following a political decision to focus on the preparation of new legislation to protect against discrimination all efforts were concentrated on this issue. This legislation is now in force and was further complemented in 2018. While the Government is satisfied with the progress made in this respect, it regrets that it has not been possible to undertake a review of the ERL during this period.

The Committee notes the Government’s indication that a review of the ERL is expected to be undertaken when resources allow for it, subject to the position of the new Minister for Social Security, appointed in June 2018. The Government assures that this legislative review will take into account the Committee’s comments.In these circumstances, the Committee reiterates its request and trusts that the Government will soon be able to report progress concerning the review of the ERL and its codes of practice.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.