Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bermuda

The Committee previously noted the adoption of the Trade Union and Labour Relations (Consolidation) Act 2021, the Trade Union and Labour Relations (Transitional) Regulations and the Procedural Guidelines for Cancellation of Certification. The Committee wishes to draw the Government’s attention to a series of provisions of the Act in order to ensure the full conformity of the domestic legislation with the Convention.

Article 1 of the Convention. Protection against acts of anti-union discrimination. Sufficiently dissuasive sanctions. The Committee notes that section 39(2) of the Act stipulates that whoever violates the sections relating to anti-union discrimination covering the recruitment process, the employment relationship and its termination shall be punished, on summary conviction, with a fine of 1,500 Bermuda dollars. While taking due note of this provision, the Committee considers that the amount of the fine referred to above may not be adequate to deter and prevent the repetition of acts of anti-union discrimination, especially in large enterprises. Concerning in particular anti-union dismissals, the Committee recalls that, when a country opts for a system of compensation, it considers that the compensation envisaged for anti-union discrimination should fulfil certain conditions, namely: (i) be higher than that prescribed for other kinds of dismissal, with a view to the effective dissuasion of this type of dismissal; (ii) be adapted in accordance with the size of the enterprises concerned; and (iii) the amount be reviewed periodically. The Committee further recalls that it has always considered that reinstatement should at least be included among the range of measures that can be ordered by the judicial authorities in the event of anti-union discrimination (2012 General Survey on the fundamental Conventions, paras 183 and 185). The Committee therefore requests the Government to take, after consultation with the representative social partners, the necessary measures to revise section 39(2) of the Act so that sufficiently dissuasive sanctions are imposed to anti-union discriminations acts.It also requests the Government to indicate whether reinstatement is included among the range of measures that may be ordered by the judicial authorities in cases of anti-union dismissals.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee requested the Government to indicate any measures taken by the Labour Advisory Council to further protect against any possible employer intimidation or interference in respect of union certification or decertification. The Committee notes the Government’s indication that the Act contains a series of provisions to this effect (in particular sections 49 and 50). While noting the above-mentioned provisions, the Committee observes that the Act does not contain provisions ensuring protection against acts of interference by employers or their organizations beyond the certification and decertification process. The Committee recalls that under the terms of Article 2 of the Convention, workers’ and employers’ organizations shall enjoy adequate protection against any acts of interference by each other or each other’s agents or members in their establishment, functioning or administration. Acts of interference are deemed to include acts which are designed to promote the establishment of workers’ organizations under the domination of an employer or an employers’ organization, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers and employers’ organizations (see 2012 General Survey on the fundamental Conventions, para. 194). The Committee therefore requests the Government to take the necessary measures to ensure that the legislation explicitly prohibits all acts covered by Article 2 of the Convention and that it provides for sufficiently dissuasive penalties in this respect.

Article 4. Collective bargaining by management personnel. In its previous Comments, the Committee had noted, on the basis of a 2014 Supreme Court decision and the conclusions of the Committee on Freedom of Association in Case No. 1959, that while section 30A of the Trade Union Act hinders management personnel from engaging in collective bargaining with their employers under the statutory framework of compulsory recognition of collective bargaining agents, management personnel remain free to form organizations to engage in voluntary collective bargaining with their employers outside the statutory framework. The Committee notes the Government’s indication that section 40 of the Act narrows the notion of “management person”, thereby permitting persons who were previously considered management staff to form part of a collective bargaining unit. The Committee further observes that this provision continues to define a bargaining unit as a group of “non-management persons”, thereby excluding management personnel as a category from the statutory system of compulsory recognition of bargaining agents. The Committee takes due note of this information. The Committee recalls that it considers that it is not necessarily incompatible with the principles of freedom of association to deny managerial and executive staff the right to join the same trade unions as other workers in the sector, provided that they have the right to establish their own organizations to defend their interests, including through collective bargaining. Based on the above, the Committee requests the Government to provide information on the exercise in practice of the right to collective bargaining of management persons.

Representativeness requirements for certification of a union as the exclusive bargaining agent. The Committee notes that section 47 of the Act requires that a union obtain the support of more than 50 per cent of workers in the bargaining unit in order to be declared the exclusive bargaining agent. The Committee considers 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. The Committee therefore requests the Government to take the necessary measures in order to ensure that, in situations where no union is declared the exclusive bargaining agent, all unions in the unit are able to negotiate, jointly or separately, at least on behalf of their own members.

Promotion of collective bargaining in practice. The Committee notes that the Government reports that a collective bargaining agreement was concluded between the Bermuda Public Service Union and the Government of Bermuda for the period from October 2020 to March 2025. While taking due note of the information received, the Committee reiterates its request that the Government provide detailed information 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. The Committee further requests the Government to provide information on the measures taken to promote collective bargaining in the different sectors of activity covered by the Convention.