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

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

Legislative developments. The Committee notes that the Government has submitted copies of the Collective Labour Agreements Act (WCAO) and the Freedom of Association Act (WVV), adopted on 27 December 2016. The Committee will examine their conformity with the Convention once translations are available.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee previously requested the Government to provide further details on the scope of the provisions of the WCAO and the WVV which prohibit acts of anti-union discrimination and interference, and to indicate the procedures available and the sanctions applicable in such cases. The Committee notes the Government’s indication that sections 4 to 8 of the WVV provide protection against discriminatory measures or discrimination by reason of union membership, as well as protection against interference in internal procedures. It further notes that the Government states that section 19 of the WVV provides for the penalties applicable, which include a fine and imprisonment for at least one month, in case of violation of the above-mentioned provisions. The Committee requests the Government to indicate whether the legislation provides for specific appeal procedures in case of acts of anti-union discrimination and interference, to indicate whether the legislation provides for reinstatement in case of anti-union dismissal and to specify the amount of the fine provided for in section 19 of the WVV.

Article 4. Representativeness for the purposes of collective bargaining. Promotion of collective bargaining. In its previous comments, the Committee noted that section 4(1) of the WCAO only allows trade unions representing the majority of employees in a company to conclude collective agreements and requested the Government 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. The Committee notes with regret that the Government states even though the WVV applies to minority unions, they are not allowed to conclude collective bargaining agreements, as these rights are granted to the majority union. The Committee recalls that under a system of the designation of an exclusive bargaining agent, if no union represents the required percentage of workers to be declared the exclusive bargaining agent, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their own members (2012 General Survey on the fundamental Conventions, paragraph 234). The Committee once again requests the Government to take the necessary measures to modify the legislation so as to ensure that if no union reaches the required threshold to be recognized as a bargaining agent, the existing unions are allowed to negotiate, jointly or separately, at least on behalf of their own members.

Collective bargaining in practice. The Committee notes the Government’s indication that: (i) collective bargaining is promoted and facilitated through the WCAO and the WVV; (ii) the Ministry of Labour, Employment Opportunity and Youth Affairs registers all collective agreements concluded and provides guidance to workers and employers regarding the legislation and international labour standards; and (iii) the WCAO allows the parties to request assistance from the Labour Mediation Board during the collective bargaining process. The Committee further notes that the Government reports that 70 collective agreements covering 6,662 workers have been concluded in the agricultural, mining, electricity, trade and industry, insurance and financial services, social services, construction and transport sectors, and are currently in force. The Committee requests the Government to continue providing information on the concrete measures taken to promote collective bargaining, as well as on the number of collective agreements concluded and in force in the country, the sectors concerned and the number of workers covered by these agreements.

Article 6. Public servants not engaged in the administration of the State. The Committee previously requested the Government to indicate whether the rights and guarantees of the Convention apply to public servants not engaged in the administration of the State, and to transmit the relevant legislative provisions. The Committee notes the Government’s indication that these rights and guarantees apply equally to all public servants, as the Personnel Act does not distinguish between servants engaged in the administration and servants not engaged in the administration of the State. Recalling that Suriname has also ratified the Labour Relations (Public Service) Convention, 1978 (No. 151) and the Collective Bargaining Convention, 1981 (No. 154), the Committee requests the Government to specify whether public servants are included in the scope of the WCAO and the WVV, and to indicate whether other laws or regulations refer to the issues covered by the Convention for this category of workers.