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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Saint Vincent and the Grenadines (Ratification: 1998)

The Committee previously noted that a revised Labour Relations Bill (LRB), set to repeal the Trade Unions Act once enacted, was before the Cabinet. The Committee notes the Government’s indication that after revisions were made in February 2024, the LRB was referred to the Attorney-General’s Chambers for a comprehensive legal review and an assessment of implications, and that its adoption is anticipated by the end of 2025.

Scope of the Convention. In its previous comment, the Committee noted that section 2(1) of the LRB excluded from its scope of application workers who did not have an employment contract, and requested the Government to amend the bill to ensure that the legislation was applicable to all workers. The Committee notes that the Government does not provide any information in this regard. The Committee reiterates its request that the Government take the necessary measures to ensure that the domestic legislation provides to all workers, irrespective of their contractual status, including independent and outsourced workers and workers without employment contract, the rights enshrined in the Convention.

Articles 1 to 2 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee previously noted that sections 7 and 8 of the LRB provided protection against acts of anti-union discrimination and interference by employers, as well as sanctions in the event of a violation, and requested the Government to indicate whether the anti-union nature of dismissal or any other act by the employer also resulted in the reinstatement of the worker. The Committee welcomes the Government’s indication that section 13 of the LRB provides for the reinstatement of workers dismissed on the basis of union activities or affiliation, if requested by the worker and considered practicable by the court, as well as for the restoration of any benefit, entitlement, or advantage lost due to the discriminatory action.

Article 4. Promotion of collective bargaining. In its previous comment, the Committee noted that pursuant to section 27(1) of the LRB, a trade union claiming to have the majority of union members in good standing belonging to a bargaining unit could submit an application to obtain certification as the exclusive bargaining agent, and requested the Government to provide information on collective bargaining rights of minority unions where no union meets the requirements for such certification. The Committee notes that the Government limits itself to stating that minority unions do not retain separate bargaining rights once a majority union is certified. In this regard, the Committee recalls that, while it is acceptable for the union which represents the majority or a high percentage of workers in a bargaining unit to enjoy preferential or exclusive bargaining rights, 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 (2012 General Survey on the fundamental Conventions, para. 226). The Committee requests the Government to amend the LRB so as to ensure that where there is no organization representing the majority of workers in a bargaining unit, minority trade unions in the same unit may, either alone or jointly, at least negotiate on behalf of their members.

Promotion of collective bargaining in practice. The Committee notes the Government’s indication that: (i) the LRB establishes comprehensive legal structures supporting collective bargaining rights, including certification procedures, good faith bargaining requirements and enforcement mechanisms; and (ii) dispute resolution mechanisms, including mediation and arbitration, are available to assist the parties in resolving collective bargaining disputes. The Committee requests the Government to continue providing information on the measures taken to promote collective bargaining in the public and private sectors. It also reiterates its request that the Government provide information on the number of collective agreements concluded and in force, the sectors concerned, and the number of workers covered by these agreements.

The Committee trusts that the LRB will be adopted shortly and that the above comments will be taken into account so that it gives full effect to the Convention. The Committee requests the Government to provide information on any developments in this regard.