Nelson
Dionne Rose, Staff Reporter
THE MINISTRY of Labour and Social Security and the Jamaica Confederation of Trade Unions (JCTU) have joined ranks in condemning an International Confederation of Free Trade Union (ICFTU) report which criticised the country of failing to apply and enforce some core labour standards.
The report, which was released on Monday by the ICFTU, a confederation of 215 national trade union centres, representing 125 million trade union members in 145 countries and territories, highlighted that Jamaica had problems with trade union rights, equality and child labour in Jamaica.
It also noted that there were restrictions on the right to collective bargaining and the right of strike, which contravene fundamental International Labour Organisa-tion (ILO) conventions. However, Senator Dwight Nelson, president of the JCTU said that the report was based on "false premises and consequently produced false conclusions."
ERROR
Senator Nelson cited as an "error" the recommendation put forward by the ICFTU that the "government should enact legislation to provide legal recognition of the right of strike" and that "it should amend legislation with regard to compulsory arbitration and bring it in line with Convention No. 87."
Senator Nelson said: "Whilst I agree that there is need for specific legislation, I disagree with the (recommendation). If you read the Labour Relations and Industrial Disputes Act (LRIDA), if there is a dispute, the Ministry of Labour is required to act in a certain time limit. Then you must have a right to strike."
Minister of Labour and Social Security Horace Dalley, also commented on this recommendation: "Whereas the report correctly states that the right to strike is neither protected nor prohibited by law, it incorrectly posits that workers in the essential services 'are not allowed to strike'."
FREEDOM TO STRIKE
He stated: "The right to strike does not exist in Jamaica in any sector, but the freedom to strike is respected under the LRIDA. Embedded in the legislation, however, is a reciprocal freedom by the employer to act as he or she sees fit when workers exercise this freedom."
The report also stated, "Recently, many workers have been hired as contractors, which facilitates dismissal and reduces pay and benefits."
The minister in response, said that the statement was "flawed" and pointed out the 2002 revision of the LRIDA as clearly capturing several workers who are under contractual work agreements, giving them similar rights under the law to those of employees.
Senator Nelson also challenged the ICFTU report, which said, "Child labour is a serious problem in Jamaica, including the worst forms of child labour, such as prostitution and begging."
"This is a false premise," Nelson said.
Minister Dalley agreed: "In the international scheme of things, Jamaica is barely on the radar of nations with serious child labour problems. However, every well-thinking Jamaican would agree that a single instance of exploitation of our children is too much."
