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

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

Article 4 of the Convention. Promotion of collective bargaining. The Committee previously requested the Government to amend the sections 163–168 of the Labour Code to ensure that, where no union meets the 50 per cent representativeness threshold required to act as the collective bargaining agent, existing unions are granted collective bargaining rights, jointly or separately, at least on behalf of their own members. The Committee regrets once again that no amendments have been adopted. It notes the Government’s indication that these provisions remain under review, as well as its commitment to reconsidering them with a view to enabling collective bargaining in situations where no union meets the threshold. In this respect, it also notes the Government’s intention to engage in stakeholder consultations with trade unions and legal experts on how to operationalize joint or separate bargaining mechanisms, submit a draft amendment in a future legislative session, and report on progress in the next reporting cycle. The Committee further notes the Government’s indication that current economic and labour conditions, such as a high turnover of workers, reliance on migrant labour, and limited private sector unionization, pose challenges to broad union representation. Recalling once again that minority unions must be allowed to bargain, jointly or separately, at least on behalf of their own members when no union meets the required threshold, the Committee urges the Government to take without delay the necessary legislative measures to bring the Labour Code into conformity with this principle. It requests the Government to provide detailed information on all progress made in this regard.

Collective bargaining in practice. The Committee requests the Government to provide detailed information on: (i) the number of collective agreements signed, registered and in force in the country, the sectors concerned, and the number of workers covered by these agreements; and (ii) the measures taken to promote the full development and utilization of collective bargaining under the Convention.