Sierra Leone

"Article 2 of the Convention. Right of workers and employers without distinction whatsoever to establish and join organizations. The Committee had previously requested the Government to amend the Regulations of Wages and Industrial Relations Act in order to recognize the right to establish and join unions to all workers, including public officers and persons above the level of supervisor or manager. The Committee welcomes the Government’s indication that the Employment Bill, 2022, ensures that there is no restriction on workers and employers, including those above the level of supervisor or manager, to form or belong to any trade union or employers’ organization of their choice. The Committee observes, however, that pursuant to its draft section 3, the Employment Bill does not apply to the armed forces, police forces, fire forces, and correctional services, excluding their civilian workers. The Committee recalls that the functions exercised by firefighters and prison service personnel do not justify their exclusion from the rights and guarantees set out in the Convention. The Committee requests the Government to indicate the legislative provisions which guarantee the rights under the Convention to firefighters and correctional service personnel. Alternatively, the Committee requests the Government to review the Employment Bill in order to ensure that the above-mentioned categories of workers are granted the right to organize, and to provide information on developments in this regard. Right of workers and employers’ organizations to establish organizations of their own choosing. The Committee observes that the IRTU Bill allows the Registrar to refuse the registration of a trade union or an employers’ organization if there is another union or employers’ organization already registered that adequately represents the interests of those on behalf of whom the organization seeks registration, and additionally allows the existing organization to object to the registration of a new one (section 44). The Committee considers that the right of workers and employers to establish organizations of their own choosing, as set out in Article 2 of the Convention, implies that diversity of trade union and employers’ organizations must remain possible in all cases. The Committee considers that it is important for workers and employers to be able to change organizations or establish new ones for reasons of independence, effectiveness, or ideological choice. Consequently, an organizational exclusivity imposed directly or indirectly by law is contrary to the Convention. The Committee therefore requests the Government to review the IRTU Bill so as to allow for the registration of more than one trade union or employers’ organization."

"The Committee requests the Government to provide details regarding the objective criteria and procedures for the determination of a union’s eligibility to hold a collective bargaining certificate under the draft IR Bill."