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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Saint Vincent and the Grenadines (Ratification: 2001)

Legislative developments. In its previous comment, the Committee noted that following a series of consultations with the social partners, the revised Labour Relations Bill (LRB) was before the Cabinet, and it requested the Government to provide information on all developments regarding its adoption. 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 it is expected to be adopted by the end of 2025. Taking due note of the above, the Committee trusts that the LRB will be adopted shortly and that the provisions therein will be in full conformity with the Convention, taking the comments below into account. The Committee requests the Government to provide information on any developments in this regard and to submit a copy of the Act once adopted.

Article 2 of the Convention. Definition of worker. In its previous comment, the Committee noted that section 2(1) of LRB defined the term “employee” as “an individual who offers his or her services under a contract of employment whether for a short term or an indefinite period and may include a former employee where the context admits”, and requested the Government to amend the draft legislation so as to ensure that the right to organize was recognized for all workers, regardless of their contractual situation. The Committee welcomes the Government’s indication that the draft legislation was amended and notes with interest that sections 5, 7 and 9 of the LRB now explicitly recognize the right to organize for all workers, regardless of their contractual status.

Article 3. Right of organizations to draw up their constitutions and rules. Internal administration. The Committee previously requested the Government to repeal point 14 of Schedule 1 of the LRB, which provided that an organization’s constitution shall provide for the conditions under which a member may become entitled to financial benefit provided by the organization. The Committee notes that the Government limits itself to stating that, as the LRB is under review at the Attorney-General’s Chambers, it is unable to provide information regarding the above-mentioned provision. The Committee once again requests the Government to repeal point 14 of Schedule 1 of the LRB with a view to ensuring that trade unions and employers’ organizations are free to determine their own constitution, rules and procedures.

Article 4. Dissolution or suspension of organizations by administrative authority. The Committee previously noted that the cancellation of the registration of an organization, regulated under sections 21 and 22 of the LRB, was subject to a judicial appeal, and it requested the Government to indicate whether such an appeal would have the effect of a stay of execution. The Committee notes the Government’s indication that it cannot provide information regarding the above-mentioned provisions, as interim protections for organizations during appeals may be further refined during the legislative process. In this regard, the Committee recalls that the dissolution and suspension of trade union organizations constitute extreme forms of interference by the authorities in the activities of organizations and should therefore be accompanied by all the necessary guarantees. This can only be ensured through a normal judicial procedure, which should also have the effect of a stay of execution (2012 General Survey on the fundamental Conventions, para. 162). The Committee requests the Government to take the necessary measures to amend the LRB so as to ensure that a judicial appeal against a decision to cancel the registration of an organization under sections 21 and 22 has suspensive effect.

The Committee is raising other matters in a request addressed directly to the Government.