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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bermuda

The Committee previously noted the adoption of the Trade Union and Labour Relations (Consolidation) Act, 2021 (the Act), the Trade Union and Labour Relations (Transitional) Regulations, 2021 and the Procedural Guidelines for Cancellation of Certification, 2021. The Committee wishes to draw the Government’s attention to the following matters, which raise concerns with regard to conformity with the Convention.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The Committee observes that section 39(1) of the Act stipulates that all workers have the right to freedom of association but also observes that causal, part-time and temporary workers are only included in its scope of application if they work for an employer under an employment contract (section 2 of the Act, read in conjunction with section 4(1) and (2) of the Employment Act, 2000). Recalling that all workers, with the only possible exception of the police and the armed forces, should benefit from the right to organize guaranteed by the Convention, including self-employed, casual, part-time and temporary workers, irrespective of the existence of a contractual employment relationship, the Committee requests the Government to indicate the legislative provisions that guarantee the right to organize to the above categories of workers. Should this not be the case, the Committee requests the Government to take necessary measures to expand the right to organize to all workers covered by the Convention.

Registration requirements. The Committee observes that it is mandatory for trade unions to make an application in writing for registration within three months of their establishment, the non-compliance of which is an offence punishable by a fine of Bermudian 1,000 Bermuda dollars (equals to US$1,000) and a further fine of 500 dollars for each week during which the offence continues after conviction and a fine is also imposed on members who continue to affiliate with an unregistered trade union (sections 12(1)–(2), 13 and 16(6)–(7) of the Act). The Committee recalls that although the official recognition of an organization through its registration constitutes a relevant aspect of the right to organize, as it is the first measure to be taken so that organizations can fulfil their role effectively, the exercise of legitimate trade union activities should not be dependent upon registration, nor should the exercise of such legitimate activities be subject to penalties (2012 General Survey on the fundamental Conventions, para. 83). The Committee therefore requests the Government to take necessary measures to amend the above-mentioned provisions to ensure that the exercise of legitimate trade union activities is not contingent upon registration and is not subject to penalties. The Committee requests the Government to provide information on all steps taken in this regard.

Article 3. Right of organizations to organize their administration and activities and formulate their programmes. Financial management. The Committee notes that: (i) section 20(2)(f) of the Act requires trade unions to include provisions in their statutes allowing any person having an interest in the funds of the trade union to inspect the books and the names of its members; and (ii) section 21(4) further stipulates that, in addition to the obligation to submit to the Registrar annual audited statements of receipts, funds, effects and expenditures, the Registrar may at any time request the trade union to provide account books, vouchers and other documents relating thereto for inspection and audit. The Committee recalls in this regard that the supervision exercised by the public authorities over trade union finances should not exceed the requirement to submit annual financial reports or verification when there are serious grounds to believe that the actions of an organization are contrary to its rules or the law and such verification is called for by a significant number of workers. The Committee therefore requests the Government to take necessary measures to ensure that any supervision or inspection of trade union finances by the authorities, or by any interested person, is conducted in line with the above principles, so as not to interfere with the autonomy and financial independence of the organizations concerned. The Committee requests the Government to provide information on measures taken in this respect.

Political activities. The Committee notes that section 31(2) of the Act prohibits the use of trade union funds for certain political purposes, including for the holding of any meetings or the distribution of literature or documents in support of any candidate or prospective candidate for election to the Parliament or to any public office, while allowing the use of funds for other political purposes (not defined). The Committee recalls that while it is important to separate political activities in the strict sense of the term, on the one hand, and trade union activities, on the other hand, trade unions should have the right to organize protest action or certain political activities, such as expressing support for a political party considered more able to defend the interests of their members. Observing that the legislation already allows for the expenditure of union funds for some political purposes, the Committee requests the Government to take necessary measures to review section 31(2) of the Act, in consultation with the social partners, to ensure that it does not unduly restrict legitimate trade union activities in support of political parties considered more able to defend members’ interests.

Right to strike. The Committee notes that the following provisions of the Act raise issues of compatibility with the right of organizations to organize their activities and formulate their programmes:

• Sections 87(2)(a)(ii)–(iii) and (b), 87(4) and 87(5) stipulate that a strike is unlawful if it has any other object than the furtherance of a labour dispute within the concerned trade or industry and that the financing, incitement, encouragement or any other furtherance of such actions is deemed unlawful and subject to a civil penalty. The Committee observes that these provisions restrict the scope of lawful action by workers’ organizations and may exclude actions such as sympathy strikes and political protest strikes. The Committee recalls in this regard that strikes relating to the Government’s economic and social policy, including general strikes, are legitimate and that workers should be able to engage in sympathy strikes, provided that the initial strike they are supporting is itself lawful.
• Section 6 of Schedule 4 sets the maximum number of people who can participate in a picket to 10, which restricts legitimate trade union activities.
• Section 69(1)(b) allows the Manager of Labour Relations or a public officer authorized by him, where he or she is unable to settle a dispute or considers that the dispute is not amenable to resolution by conciliation, to report such unresolved labour dispute to the Minister who shall, after having taken steps to promote settlement refer the matter to the Tribunal (section 70(1)). The Committee observes that this mechanism may amount to compulsory arbitration in the context of a collective labour dispute, which is only compatible with the Convention in specific circumstances: in the case of public servants exercising authority in the name of the State, in essential services in the strict sense of the term or in situations of acute national crisis.

In line with the above, the Committee requests the Government to take the necessary measures to review the above-mentioned provisions with a view to ensuring that workers’ organizations can engage in legitimate industrial action without the threat of civil liability, in accordance with their right to organize their activities and formulate their programmes guaranteed under Article 3, and that compulsory arbitration is only allowed in the above-mentioned limited situations.

The Committee further notes that Schedule 3 of the Act contains a list of essential services, in which the right to strike is permitted but is subject to more stringent regulation than in other services (sections 81 and 82). The Committee observes that some of the listed services are not essential services in the strict sense of the term, even if they may contain elements of essential services, such as meteorological services; loading, unloading and transport of mail, foodstuffs and animals; port and dock services; airport infrastructure (except in relation to air traffic control) and collection and disposal of trade and domestic refuse. The Committee also notes that the Minister has the power to amend Schedule 3 and thus to potentially expand the list of essential services (section 75(3)). In light of the above, the Committee encourages the Government to consider reviewing the list of essential services in Schedule 3 of the Act, in consultations with the social partners, to ensure that the right to strike is only restricted in services which are essential in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population).

Article 4. Dissolution or suspension of organizations by administrative authority. The Committee observes that the Registrar can withdraw or cancel the registration of a trade union if it has violated any provisions of the Act (section 16(1)(b)(iv)) or if the Registrar is satisfied that the trade union is used for an unlawful purpose, for a purpose inconsistent with its objects and constitution, the funds of the trade union are expended in an unlawful manner or on an unlawful object or on an object not authorized by its constitution (section 16(1)(d)). While noting that these provisions seem to target potentially unlawful acts, the Committee observes that they give broad discretionary power to the Registrar to cancel union registration, especially in view of the fact that not all provisions of the Act are in line with the Convention and that trade unions operating without registration are subject to penalties, as detailed above. The Committee recalls in this regard that trade union suspension or dissolution is an extreme form of interference by the authorities in the activities of organizations and should therefore be accompanied by all the necessary guarantees, which can only be ensured through a normal judicial procedure, which should also have the effect of a stay of execution. The Committee therefore requests the Government to take necessary measures to amend section 16(1) of the Act, in consultation with the social partners, to ensure that suspension and cancellation of trade union registration can only be done in line with the above and requests the Government to provide information on the measures taken in this regard.